- Who sends it
- The new owner files it in the circuit court, district division, and a county sheriff serves it on you
- What it starts
- A return day 7 days after service, your deadline to file an appearance
- Do this first
- Find the return day on the first page and file the appearance form with the court before it passes
What this writ is in New Hampshire
After the written notice to quit runs out, the buyer at the foreclosure sale can start a possessory action in district court (RSA 540:12, 540:13). The court paper is a writ of summons saying the owner is entitled to possession and that you are in possession without right. 603 Legal Aid calls it the landlord and tenant writ.
The writ must be served by the sheriff and comes with a court notice in large type. Under RSA 540:13, II as amended effective October 8, 2026, that notice says that to contest the eviction you must file an appearance no later than the return day and file an answer not more than 5 days after the return date stating your defenses or counterclaims. It also says you will not be evicted unless the court orders it, but that an order may be granted if you do not file an appearance.
For how this kind of document works in every state, see the national guide: Foreclosure summons and complaint.
What it does and does not mean
- The return day is not your hearing date. It is your deadline to tell the court you want a hearing, 603 Legal Aid says.
- If you file an appearance, a hearing is scheduled within 10 days, with notice mailed at least 6 days before it (RSA 540:13, V).
- If you do not file an appearance or do not come to the hearing, you are in default. The court mails a notice of default the next day (RSA 540:13, V), and a default now rules out a discretionary stay (RSA 540:13-c, I).
- When you file your appearance, you can ask for a sound recording of the hearing by checking a box on the form (RSA 540:13, II(c)).
- Many of these rules are written for tenants. How each change in the October 2026 law applies to a former owner was not confirmed, so treat every deadline as applying to you.
The deadlines it starts and how to count them
- Return day: the writ is returnable 7 days from the date the sheriff serves it (RSA 540:13, III). The exact date is printed about halfway down the first page.
- Appearance: file it with the court on or before the return day. 603 Legal Aid says the form takes 2 or 3 minutes and you can get it from the clerk or file it electronically.
- Answer: within 5 days after the return day, stating your defenses and any counterclaims (RSA 540:13, II(a), effective October 8, 2026).
- Discovery: if you need time to get information from the owner, a motion for a continuance for discovery generally must be filed within 5 days after the return day (RSA 540:13, IV).
- Hearing: within 10 days after you file the appearance. If you do not get the notice of hearing in about 3 days, call the court.
What to do this week
- Find the return day and mark it. Do not let anyone talk you out of filing the appearance, even if you are negotiating.
- File the appearance form with the clerk. Keep a copy and send a copy to the owner or its lawyer as the court tells you.
- Within 5 days after the return day, file a written answer with any defenses. 603 Legal Aid can help you write it.
- Call the New Hampshire Judicial Branch information line, 1-855-212-1234, with your case number if you need your hearing date.
- Gather what you will need to ask for more time if you lose: reasons such as age, children, disability or limited English, and what weekly payment you can make.
Free help in New Hampshire
Call 603 Legal Aid at (603) 224-3333 or 1-800-639-5290, or apply online for a callback. If you need a private lawyer, try the New Hampshire Bar Association Lawyer Referral Service at 603-229-0002. See the New Hampshire foreclosure help page.
- Go to the hearing. You have the right to speak, and you can ask the judge for extra time in the home.
- Be prepared to pay weekly use and occupancy if the judge gives you extra time. 603 Legal Aid suggests coming with a reasonable figure, since a former owner has no rent amount to start from.
The rest of the New Hampshire process
See how foreclosure works in New Hampshire, the timeline, ways to stop it and free help in New Hampshire, or read the national guide to this letter.
Common questions
What is the return day on a New Hampshire Landlord and Tenant Writ?
It is the deadline to file your appearance, 7 days after the sheriff serves the writ (RSA 540:13, III). It is not the hearing date. If you file on time, the hearing is set within 10 days.
Do I need to file an answer too?
Since October 8, 2026, the court notice says to file an answer not more than 5 days after the return date stating your defenses and counterclaims (RSA 540:13, II(a)). File it to be safe, and ask 603 Legal Aid for help.
What happens if I miss the return day?
You are in default. The court mails a notice of default the next day (RSA 540:13, V), the owner can get a writ of possession, and a default rules out a discretionary stay (RSA 540:13-c, I). 603 Legal Aid warns you could be removed within days.
Other New Hampshire letters
- Notice of Foreclosure Sale (sale under the power)In New Hampshire, this notice is usually the only formal warning before your lender auctions the home, often on the property itself. For a home with 1 to 4 units it must be served on you or sent by certified or registered mail at least 45 days before the sale. If you want a court to stop the sale, you must file and serve a petition in superior court before the sale happens.
- Eviction Notice (Notice to Quit) after a foreclosure saleAfter a New Hampshire foreclosure sale, the buyer cannot simply change the locks. It must give you a written notice to quit and then win a court case. 603 Legal Aid says an eviction notice after a foreclosure must give you 30 days. The date in the notice is not the day you must leave; it only lets the new owner go to court.
- Writ of PossessionA writ of possession is the court order that lets a sheriff remove you from the home after the eviction case. Since October 8, 2026, after a contested hearing the court mails its notice of judgment within 2 days and issues the writ 7 days after mailing. A judge may delay the move-out for up to 60 days, or 75 in some cases, if you pay weekly.