What is the process for collecting a judgment from an out-of-state party in small claims court?

In New Hampshire, the process for collecting a judgment from an out-of-state party in small claims court begins when the plaintiff (person initiating the claim) files a statement of claim and/or a demand letter with the court. The statement of claim describes the facts and circumstances of the case, while the demand letter outlines what the plaintiff is asking from the defendant. The defendant must then be served with the papers by mail or by a designated process server. If the defendant does not appear in court, the plaintiff can ask the court for a Default Judgment, which would award damages in the plaintiff’s favor. Once a judgment is made in the plaintiff’s favor, the next step in the process is to collect the awarded damages. The plaintiff can then request that the court execute a writ of execution, which is an order that forces the defendant to pay the plaintiff. If the defendant does not pay, the plaintiff can then request a writ of garnishment, which orders the defendant’s bank or employer to withhold a portion of his/her salary or assets in order to satisfy the judgment. If the defendant lives in another state, the plaintiff will need to file an interstate collection complaint with that state’s court. This complaint will state that the plaintiff is entitled to collect the judgment from the defendant within that state’s jurisdiction. The court will then issue an order to the defendant to pay the plaintiff. If the defendant still fails to do so, the plaintiff may also be able to pursue collection with outside agencies.

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