Can I get a cash advance on my lawsuit in New Hampshire, and what does New Hampshire law say?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

What we searched for and did not find

We looked for a New Hampshire consumer legal funding act, a court decision on whether a non-recourse advance is a loan, a champerty ruling on one, and any statement from the Banking Department or the Attorney General about these products. We found none of them. We also did not verify any pending New Hampshire bill on the subject. Our laws by state table will be updated if that changes.

So the answer for New Hampshire turns on general consumer credit law, and on one question it has not answered: whether money repaid only if your case succeeds is a loan at all.

RSA 399-A: small loan licensing

Chapter 399-A sets rules for small loan, payday loan and title loan lenders. Its key parts, from RSA 399-A:1 and the sections after it:

• A “small loan” is a title, payday, open-end or closed-end loan that “Is $10,000 or less,” has an annual percentage rate of 10 percent or more (with narrow fee exceptions) and “Is for personal, family, or household use.”
• Under RSA 399-A:2, “No person shall engage in the business of a small loan lender in this state or with consumers located in this state” without first getting a license from the commissioner. The chapter defines the commissioner as the bank commissioner.
• RSA 399-A:16 says “The annual percentage rate for small loans shall not exceed 36 percent.” For that calculation the finance charge leaves out one application fee and one participation or membership fee, each capped at $100 per borrower per year.
• RSA 399-A:17 sets the same 36 percent limit for payday loans.

The chapter also lists exemptions in RSA 399-A:3, so check the full chapter before drawing conclusions about a particular company.

Would a non-recourse advance count as a loan?

RSA 399-A:1 defines a “lender” as a person or organization that lends money or gives credit “temporarily on condition that the amount borrowed be returned, usually with an interest fee.” A funding company would likely argue that its advance is not lent on that condition, since you owe nothing if the case is lost. A consumer would likely answer that the contract is built to be repaid in nearly every case that recovers money, and that the label should not control.

No New Hampshire court has decided this, as far as we found. Courts in other states have split on the same argument under their own statutes, and is a lawsuit cash advance a loan goes through those decisions. Also note the $10,000 line: an advance larger than that would fall outside the “small loan” definition even if it were a loan.

The 36 percent figure is a statutory ceiling for small loans. It is not a description of what funding companies charge, and it applies to an advance only if a court or the Banking Department treats that advance as a small loan. To see how charges in these contracts grow over time, read how much pre-settlement funding costs.

Your three-year deadline

Under RSA 508:4, I, “all personal actions, except actions for slander or libel, may be brought only within 3 years” of the act or omission. If the injury and its cause were not discovered and could not reasonably have been discovered right away, the three years run from when the plaintiff discovers, or reasonably should have discovered, them. Other deadlines can apply to some claims. An advance does not pause the clock.

Where to complain in New Hampshire

The New Hampshire Banking Department licenses lenders under RSA 399-A. Its consumer complaints page says “all formal complaints MUST be in writing” on its Consumer Complaint Form, with copies, not originals, of supporting papers. To check whether a company is supervised by the Department, call (603) 271-3561.

You can also contact the New Hampshire Department of Justice, which houses the Attorney General’s office, at 603-271-3658 or 1 Granite Place South, Concord, NH 03301.

What to ask before you sign

• Is the amount $10,000 or less, and is it for personal or household use? Those are two parts of the RSA 399-A small loan definition.
• Does the company hold a New Hampshire small loan license, or does it say it does not need one? Ask the Banking Department.
• What yearly rate does the full charge work out to, counting every fee?
• Can you cancel after signing, and for how long? See the right to cancel lawsuit funding.

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.