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New Hampshire · What this letter means

You lost the New Hampshire eviction case or got a writ of possession: what it means

A 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.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The circuit court issues it to the new owner, and only a sheriff can serve it and carry it out
What it starts
Removal by the sheriff, unless the judge granted a discretionary stay or you filed a timely appeal
Do this first
Check the date on the notice of judgment, and call 603 Legal Aid the same day about a stay or appeal

What this writ is in New Hampshire

If you default, or if the court rules for the new owner after a hearing, judgment is entered for possession and a writ of possession issues (RSA 540:14, I). The writ authorizes the sheriff to remove you from the home.

Under RSA 540:13, V as amended effective October 8, 2026, when both sides appeared at the hearing the court mails a notice of judgment no later than 2 days after the hearing. Seven days after mailing that notice, if the owner won, the court enters judgment and issues the writ.

For how this kind of document works in every state, see the national guide: Writ of possession, assistance or restitution.

What it does and does not mean

  • You do not have to leave on the day of the hearing, 603 Legal Aid says.
  • The owner cannot serve the writ itself. Only a sheriff can serve it and order you out, and the owner cannot change the locks before that, 603 Legal Aid says.
  • 603 Legal Aid says the owner must keep your belongings for 7 days after you leave and let you get them back.
  • A judge may order that you not be removed until a date up to 60 days after the ruling, or up to 75 days if you prove a longer stay will not harm the owner or the home and you need more time because of factors such as age, family status, disability or limited English (RSA 540:13-c, I).
  • During any stay you must pay weekly in advance. If you miss a weekly payment, a writ issues right away and the sheriff may remove you as soon as possible.
  • A default rules out a discretionary stay (RSA 540:13-c, I). This is another reason to file your appearance on time.

The deadlines and how to count them

  • Ask for a discretionary stay at the hearing, before it ends. 603 Legal Aid says you can ask even if the judge has not announced a decision.
  • Notice of intent to appeal: file it with the district court within 7 days of the notice of the court's decision (RSA 540:13, II(d)).
  • Notice of appeal: file it with the New Hampshire Supreme Court within 30 days of the notice of decision.
  • Count calendar days from the date on the notice of decision, not the day it reached you.
  • 603 Legal Aid's article still describes an older 90-day stay limit and 8-day writ timing. The statute as amended on October 8, 2026 controls.

What to do this week

  • Read the notice of judgment and write down its date, the 7th day after it and any stay date the judge set.
  • If the judge gave you a stay, make each weekly payment on time and keep receipts.
  • If you think the judge got the law wrong, call 603 Legal Aid right away about the 7-day notice of intent to appeal.
  • Pack important papers, medicines and valuables first. Arrange storage or a place to go.
  • If you leave before the sheriff comes, tell the owner in writing where to reach you about your belongings.

Free help in New Hampshire

603 Legal Aid at (603) 224-3333 or 1-800-639-5290 can advise on stays, appeals and getting belongings back. 2-1-1 New Hampshire can help you find emergency housing. See the New Hampshire foreclosure help page.

  • Being removed does not end every money question. Ask the lender or its lawyer in writing for an accounting of the sale. See New Hampshire surplus funds and New Hampshire deficiency rules.
  • Be careful with anyone who offers to stop the sheriff for a fee. Only the court can change the writ.

Common questions

How long after an eviction hearing does a New Hampshire writ of possession issue?

Under RSA 540:13, V as amended effective October 8, 2026, the court mails a notice of judgment no later than 2 days after a contested hearing, and issues the writ 7 days after mailing it if the owner won.

Can a judge give me more time after I lose?

Yes, through a discretionary stay of up to 60 days, or up to 75 days in some cases, if you pay weekly in advance (RSA 540:13-c, I). A default rules out a stay.

Who can actually remove me from the home?

Only a sheriff with a writ of possession. The writ authorizes the sheriff to remove the defendant (RSA 540:14, I), and 603 Legal Aid says the owner cannot change the locks before the sheriff carries it out.

Other New Hampshire letters

Sources

  1. RSA Chapter 540, Actions Against Tenants (540:13, 540:13-c, 540:14 as amended by 2026, 308:1)
  2. 603 Legal Aid: A Walk Through Foreclosure Eviction

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