If a creditor wins a money judgment against you in New Hampshire, state law still puts a long list of property and income out of reach. The single biggest protection is the homestead exemption under RSA 480:1, which shields $120,000 of the value of your primary home (or your interest in it) from most creditors automatically, without any filing. On top of that, New Hampshire's main personal-property exemption statute, RSA 511:2, protects your household furniture, a motor vehicle, tools of your trade, and a wildcard amount, while separate statutes and federal law protect wages, retirement accounts, Social Security, and unemployment benefits. These figures are specific to New Hampshire and differ sharply from neighboring states, so the rest of this article walks through exactly what is exempt and how to assert each exemption against a judgment or a bank levy.
New Hampshire's homestead exemption: $120,000
Under RSA 480:1, every person is entitled to a homestead exemption of $120,000 in the value of the home they occupy as a primary residence, or in their interest in that home. For a married couple who both own and occupy the home, the practical protection can be doubled, because each spouse holds a homestead right. This means a general creditor cannot force a sale of your home unless your equity exceeds the exemption amount, and even then you keep the first $120,000 of proceeds.
The homestead protection is automatic in New Hampshire. Unlike some states, you do not have to record a homestead declaration to claim it against a judgment creditor. Important limits: the homestead exemption does not stop a mortgage lender from foreclosing, does not stop a properly perfected mechanic's lien, and does not block collection of taxes. It protects against ordinary unsecured creditors and judgment liens.
Wages: strong protection above the federal floor
The federal baseline, set by Title III of the Consumer Credit Protection Act, caps wage garnishment at the lesser of 25% of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. New Hampshire is more protective than that federal floor for ordinary consumer judgments.
New Hampshire does not have the kind of routine, employer-administered wage garnishment for consumer debts that many states use. A creditor must use the court's trustee process under RSA 512, and RSA 512:21 exempts wages earned by the debtor after the writ is served, along with a substantial portion of earned-but-unpaid wages. The wage formula is tied to a multiple of the minimum hourly wage. Because New Hampshire repealed its separate state minimum wage and now defaults to the federal rate ($7.25 per hour as of 2026), the protected dollar amount tracks that figure. Confirm the current minimum wage and the exact wage-exemption multiplier with the New Hampshire Department of Labor before relying on a specific number, because this is the kind of value that can change.
Different rules apply to court-ordered child support, alimony, and certain government debts such as federal taxes and student loans, which can reach a larger share of your pay than an ordinary creditor can.
Retirement accounts and pensions
Employer retirement plans governed by ERISA (most 401(k), 403(b), and traditional pension plans) are generally protected from creditors under federal law. New Hampshire adds its own protection: RSA 511:2 exempts the debtor's interest in qualified retirement plans and self-directed retirement accounts such as IRAs. Public-employee and other statutory pensions are also shielded. The practical takeaway is that money sitting inside a qualified retirement account is usually safe, but once you withdraw it into an ordinary checking account it can lose that protected character, so think carefully before draining retirement funds to pay a creditor.
Social Security, unemployment, and other public benefits
Federal law (42 U.S.C. 407) makes Social Security benefits exempt from garnishment for ordinary debts, and a federal banking rule requires your bank to automatically protect up to two months' worth of directly deposited federal benefits (Social Security, SSI, VA, and similar) when a garnishment order arrives. New Hampshire law layers on additional protections:
- Unemployment compensation is exempt under RSA 282-A:159.
- Workers' compensation benefits are exempt under RSA 281-A:52.
- Public assistance such as TANF and related aid is exempt under RSA 167:25.
These benefits keep their exempt status even after they land in your bank account, but commingling them with non-exempt money can create disputes, so it helps to keep benefit deposits in a separate account.
Vehicle, household goods, and the wildcard
RSA 511:2 protects a range of everyday personal property. The amounts are statutory and have been stable, but you should confirm them against the current text of RSA 511:2, since the legislature periodically updates the dollar figures:
- One motor vehicle up to $10,000 in value.
- Household furniture up to $3,500.
- Tools of your occupation up to $5,000.
- Provisions and fuel up to $400, plus necessary beds, bedding, cooking stoves, heating equipment, refrigerator, and cooking utensils.
- Books (including Bibles and school books) up to $800 and jewelry up to $500.
- Necessary wearing apparel and a sewing machine.
- Certain livestock and domestic fowls.
- A wildcard exemption of $1,000 of any property, plus an additional amount of up to $7,000 drawn from the unused portions of certain other exemptions (such as the furniture, tools, books, and jewelry categories).
The wildcard is valuable because it lets you protect cash, a bank balance, or any other asset that does not fit a specific category, and the stacking provision can push the protected total well above $1,000 if you have not used up your other exemptions.
How to claim these exemptions against a judgment or bank levy
Exemptions are not always self-executing once a creditor moves to collect. Here is how the process generally works in New Hampshire:
- Homestead and benefit protections apply automatically, but you may still need to assert them in writing if a creditor tries to reach the property.
- Bank levies (trustee process): A creditor attaches a bank account by serving the bank as trustee under RSA 512. You are entitled to notice, and you should promptly file a claim of exemption or motion with the court that issued the order, identifying the exempt funds (for example, Social Security, wages, or wildcard property) and asking the court to release them.
- Act fast: There are short windows to object after a levy or attachment. Do not wait, because frozen funds can be turned over to the creditor if you miss the deadline to claim the exemption.
- Keep proof: Bank statements showing the source of deposits (benefit payments, paychecks) make it far easier to prove that money is exempt.
Because deadlines and forms vary by court and the dollar amounts can be updated, it is wise to consult a New Hampshire legal aid organization or a consumer attorney, especially before any hearing.
Where to verify and get help
Always confirm current figures against the official statutes: RSA 480 (homestead), RSA 511:2 (personal property), RSA 512 (trustee process), and the benefit statutes cited above, all available through the New Hampshire General Court's website. For consumer-debt problems and complaints about abusive collection practices, contact the Consumer Protection and Antitrust Bureau of the New Hampshire Department of Justice, Office of the Attorney General. At the federal level, the Fair Debt Collection Practices Act (FDCPA) limits how third-party collectors may contact you, and the Fair Credit Reporting Act (FCRA) governs how a judgment or collection account appears on your credit report. Knowing both your New Hampshire exemptions and these federal rights gives you the strongest position when a creditor comes after your property or your paycheck.
Official New Hampshire Sources
This page is based on New Hampshire law. Limits and deadlines change — verify the current details directly with the official New Hampshire sources below. This is general legal information, not legal advice.
Federal law also applies. Federal laws like the Fair Debt Collection Practices Act and Fair Credit Reporting Act protect you nationwide, on top of New Hampshire’s own rules.
Frequently asked questions
How much home equity is protected from creditors in New Hampshire?
Under RSA 480:1, New Hampshire's homestead exemption protects $120,000 of the value of your primary residence, and it applies automatically without a filing. A married couple who both own and occupy the home may each claim the right, effectively doubling the protection. The exemption does not stop a mortgage foreclosure or a tax or mechanic's lien.
Can a creditor garnish my wages in New Hampshire?
New Hampshire does not use routine employer-run wage garnishment for ordinary consumer debts the way many states do. A creditor must use court trustee process under RSA 512, and RSA 512:21 exempts wages earned after the writ is served and a large share of earned-but-unpaid wages. Child support, alimony, taxes, and student loans follow different, broader rules.
Is my Social Security safe from a bank levy in New Hampshire?
Yes. Social Security is exempt under federal law (42 U.S.C. 407), and a federal rule requires your bank to automatically protect up to two months of directly deposited federal benefits when a garnishment arrives. New Hampshire also exempts unemployment, workers' compensation, and public assistance. Keep benefits in a separate account to avoid commingling disputes.
How do I claim an exemption after my New Hampshire bank account is frozen?
A bank account is attached through trustee process under RSA 512. After you receive notice, promptly file a claim of exemption or motion with the issuing court, identifying the exempt funds (such as Social Security, wages, or wildcard property) and attaching bank statements that show the source. Deadlines are short, so act immediately to avoid the funds being turned over.
Can a creditor take my car in New Hampshire?
RSA 511:2 exempts one motor vehicle up to $10,000 in value. If your equity in the car is within that limit, an ordinary judgment creditor generally cannot seize it. You can also apply your $1,000 wildcard exemption, plus stacked unused exemptions, to protect equity above the vehicle limit. Confirm the current figure in RSA 511:2.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
