- 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.
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
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
- 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.
- Landlord and Tenant Writ (eviction summons) after foreclosureThe Landlord and Tenant Writ is the court summons a new owner uses to evict you after a New Hampshire foreclosure. The return day on it is your deadline to file an appearance so you get a hearing. Since October 8, 2026, the notice with the writ also says you must file an answer stating your defenses within 5 days after the return day.