reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:24 - Completing Service; Excessive Attachment.

511:24 Completing Service;  Excessive Attachment. –
Service may be made on the defendant before or after leaving the attested copy of the writ as provided in RSA 511:23, and the officer shall not be liable for an excessive attachment although the property so attached exceeds in value the amount of the damage claimed in the writ.
Source.
1905, 43:1. 1907, 44:1. 1911, 132:1. 1915, 57:1. PL 332:24. RL 388:24.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:25 - Intermeddling.

511:25 Intermeddling. –
Any person who shall waste, destroy, remove from the state, or diminish in quantity any of the property attached in the manner set forth in RSA 511:23 shall be guilty of a misdemeanor.
Source.
1905, 43:3. PL 332:25. 1929, 109:1. RL 388:25. RSA 511:25. 1973, 528:315, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:26 - Interest Attachable.

511:26 Interest Attachable. –
Any personal property not exempt from attachment, subject to a mortgage, pledge, security interest or lien, may be attached as the property of the mortgagor, pledgor, debtor, or general owner, the attaching creditor or officer paying or tendering to the mortgagee, pledgee, secured party or holder the amount for which the property is held as ascertained in the mode provided by RSA 511:27.
Source.
RS 184:15. CS 195:17. GS 205:17. GL 224:17; 236:4. PS 220:17. PL 332:26. RL 388:26. RSA 511:26. 1977, 299:6, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:27 - Account.

511:27 Account. –
The creditor or officer may demand of the mortgagee, pledgee, secured party, or holder an account, on oath, of the amount due upon the debt or demand secured by such mortgage, pledge, security interest or lien, and the officer may retain the property in his custody, without tender or payment, until the account is given.
Source.
RS 184:16. CS 195:18. GS 205:18. GL 224:18. 1883, 29:1. PS 220:18. PL 332:27. RL 388:27. RSA 511:27. 1977, 299:7, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:28 - Refusal.

511:28 Refusal. –
If the account is not given within 15 days after demand, or if a false account is given, the property shall be held discharged from such mortgage, pledge, security interest or lien.
Source.
RS 184:16. CS 195:18. GS 205:18. GL 224:18. 1883, 29:1. PS 220:18. PL 332:28. RL 388:28. RSA 511:28. 1977, 299:8, eff. Aug. 26, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:29 - Relief in Equity.

511:29 Relief in Equity. –
Any person who fails to render an account or a true account may be relieved upon a bill in equity whenever it shall appear that such failure was caused by fraud, accident, mistake or misfortune, and that such relief would be just and equitable.
Source.
1883, 29:1. PS 220:18. PL 332:29. RL 388:29.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:30 - By Consent.

511:30 By Consent. –
Personal property attached shall be sold by the officer before judgment, if the parties consent thereto in writing. The sale shall be made in the same manner as sales of property taken on execution, unless a different mode is agreed to by the parties.
Source.
RS 184:17. CS 195:19. GS 205:19. GL 224:19. PS 220:19. PL 332:30. RL 388:30.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:31 - Perishable Goods, etc.

511:31 Perishable Goods, etc. –
When living animals, or goods liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great expense, are attached, and the parties do not consent to a sale, the officer, on application of either of the parties, while the attachment continues and before judgment on which the plaintiff can take execution, may cause the same to be examined in the manner prescribed in RSA 511:32-34.
Source.
RS 184:18. CS 195:20. 1861, 2499. GS 205:20. GL 224:20. PS 220:20. PL 332:31. RL 388:31.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:32 - Examiners.

511:32 Examiners. –
Three disinterested persons conversant with the nature and value of such property shall be appointed, one by the officer, one by the creditor and one by the debtor. The officer shall appoint an examiner for the creditor or debtor in any case where he might appoint an appraiser for the debtor upon the levy of an execution on real estate.
Source.
RS 184:19. CS 195:21. GS 205:21. GL 224:21. PS 220:21. PL 332:32. RL 388:32.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:33 - Certificate; Sale.

511:33 Certificate;  Sale. –
The persons so appointed, being sworn to the faithful discharge of their duties, shall examine the property and decide what part of it is such as is described in RSA 511:31 and certify the same to the officer, and he shall thereupon advertise and sell the property so certified in the same manner as if the parties consented thereto.
Source.
RS 184:20. CS 195:22. GS 205:22. GL 224:22. 1879, 57:34. PS 220:22. PL 332:33. RL 388:33.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:34 - Application to Court.

511:34 Application to Court. –
If the examiners shall decide that any part or the whole of the property examined is not such as is described in RSA 511:31, either party, if dissatisfied with the decision, may apply to a judge of the superior court for an order for the sale of such property, and the judge may, after notice to the adverse party, his agent or attorney, make such order for sale as he may deem proper. If a sale is ordered, the officer having the property in his custody shall sell it agreeably to the order.
Source.
1879, 57:34. PS 220:23. PL 332:34. RL 388:34.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:35 - Appraisers.

511:35 Appraisers. –
If the debtor, before notice of sale, requests any personal property attached to be restored to him, and the officer shall not agree with him as to the value thereof, the officer shall cause 3 disinterested persons to be appointed and sworn as provided in RSA 511:32 and 511:33 in the case of examiners.
Source.
RS 184:21. CS 195:33. GS 205:23. GL 224:23. PS 220:24. PL 332:35. RL 388:35.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:36 - Certificate.

511:36 Certificate. –
The officer shall cause a schedule of the property to be prepared, and the persons so appointed shall appraise it at its cash value at that time and make a certificate of their doings on such schedule.
Source.
RS 184:22. CS 195:24. GS 205:24. GL 224:24. PS 220:25. PL 332:36. RL 388:36.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:37 - Bond.

511:37 Bond. –
The property so appraised, or the value of which has been agreed on by the officer and debtor, shall be restored to the debtor upon his giving bond to the sheriff, if the attachment is made by him or his deputy, and otherwise to the constable making the same, in sufficient penalty, with sufficient sureties, conditioned to pay the appraised or agreed value thereof, or so much as may be necessary toward the satisfaction of any executions for the payment of which the property or its proceeds are held.
Source.
RS 184:23. CS 195:25. GS 205:25. GL 224:25. PS 220:26. PL 332:37. RL 388:37.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:38 - Subsequent Attachments.

511:38 Subsequent Attachments. –
Property attached shall be deemed to remain in the custody of the officer, so far as to be liable to attachment in the same manner it would have been if it had remained in his hands specifically, notwithstanding it may have been sold, restored to the debtor, or taken from the officer by writ of replevin.
Source.
RS 184:24. CS 195:26. GS 205:26. GL 224:26. PS 220:27. PL 332:38. RL 388:38.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:39 - Return.

511:39 Return. –
If the property is sold or restored to the debtor as provided for in RSA 511:37 before the return day of the writ, the officer shall make return thereon of his doings relating thereto; and if it is sold or restored after the return day, he shall make return thereof to the court in which the writ is pending on which the first attachment was made; and such return shall be filed with the writ.
Source.
RS 184:25. CS 195:27. 1861, 2499. GS 205:27. GL 224:27. PS 220:28. PL 332:39. RL 388:39.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:40 - Filing.

511:40 Filing. –
The bond taken by the officer upon the restoration of property as provided in RSA 511:37 shall be filed in court with the writ on which the first attachment was made, as a part of the record in that case.
Source.
RS 184:25. CS 195:27. GS 205:28. GL 224:28. PS 220:29. PL 332:40. RL 388:40.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:41 - Beneficiaries.

511:41 Beneficiaries. –
Every bond given by a debtor on the restoration of property, and every replevin bond given in case of property attached, shall be deemed to be given for the benefit of all persons who have attached or may attach the same to the full value of the property.
Source.
RS 184:26. CS 195:28. GS 205:29. GL 224:29. PS 220:30. PL 332:41. RL 388:41.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:42 - Scire Facias.

511:42 Scire Facias. –
If the bond is forfeited, any attaching creditor or his representative may bring a writ of scire facias thereon within 2 years after the cause of action accrues, and not afterward, and 2 or more creditors may join in the action, and separate executions shall be awarded to each for the amounts due to them respectively.
Source.
RS 184:27. CS 195:29. GS 205:30. GL 224:30. PS 220:31. PL 332:42. RL 388:42.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:43 - Debt.

511:43 Debt. –
Any party interested may maintain an action of debt on such bond in the name of the officer to whom the same is payable, within the period provided in RSA 511:42; the name of the party shall be indorsed on the writ, with a statement of his interest, and any other party may cause his name to be so indorsed at any time by leave of court.
Source.
RS 184:28. CS 195:30. GS 205:31. GL 224:31. PS 220:32. PL 332:43. RL 388:43.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:44 - Indorsers.

511:44 Indorsers. –
The persons whose names are indorsed on the writ as provided in RSA 511:43 shall be deemed the plaintiffs for every purpose, and execution shall issue in favor of each for the amounts due them respectively and against them for costs if judgment is rendered for the defendants.
Source.
RS 184:29. CS 195:31. GS 205:32. GL 224:32. PS 220:33. PL 332:44. RL 388:44.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:45 - By Judgment, Etc.

511:45 By Judgment, Etc. –
When a judgment is rendered for the defendant, upon which execution may issue, or when the action is compromised or dismissed, the attachment made in the action is dissolved thereby.
Source.
RS 184:30. CS 195:32. GS 205:33. GL 224:33. PS 220:34. PL 332:45. RL 388:45.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:46 - By Death of Defendant.

511:46 By Death of Defendant. –
Attachments are dissolved by the death of the defendant in case his estate is decreed to be administered as an insolvent estate, but not otherwise, if the cause of action survives.
Source.
RS 184:31. CS 195:33. GS 205:34. GL 224:34. 1885, 85:9. PS 220:35. PL 332:46. RL 388:46.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:47 - Proceeds of Sale, Etc.

511:47 Proceeds of Sale, Etc. –
If the property attached has been sold and the attachments thereon have been dissolved, the money arising from the sale thereof, after deducting the charges and expenses of sale, shall be restored to the debtor or to his personal representative, upon request. If the property has been restored to the debtor on his bond, the bond shall be void.
Source.
RS 184:32. CS 195:34. GS 205:35. GL 224:35. PS 220:36. PL 332:47. RL 388:47.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:48 - Petition; Bond.

511:48 Petition;  Bond. –
A defendant whose interest in real estate is attached on mesne process may apply by a petition in writing to the court having jurisdiction over the underlying matter to have the attachment released, and upon reasonable notice to all parties interested, or their attorneys, and hearing, the court may order the petitioner to give bond to the plaintiff, with sufficient sureties, conditioned to pay the judgment which may be recovered by the plaintiff, with his costs on such petition, within 60 days after judgment.
Source.
1879, 57:35. PS 220:37. PL 332:48. RL 388:48. RSA 511:48. 1961, 100:1. 1967, 132:24. 2007, 117:2, eff. June 11, 2007.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:49 - Bond; Amount.

511:49 Bond;  Amount. –
If, on the hearing, the justice shall find the real estate so attached, or the interest of the defendant therein, to be of less value than the amount ordered in the writ to be attached, the bond shall be conditioned to pay the value of such interest so found, and costs on the petition, within 60 days after judgment.
Source.
1879, 57:35. PS 220:38. PL 332:49. RL 388:49. RSA 511:49. 1961, 100:2, eff. June 19, 1961.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:51 - Certificate.

511:51 Certificate. –
The clerk of court shall, upon payment or tender of his fees, give the petitioner an attested copy of the petition and proceedings, with a certificate under seal of the court attached thereto, that the bond has been filed in his office.
Source.
1879, 57:35. PS 220:39. PL 332:51. RL 388:51.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:52 - Recording Certificate.

511:52 Recording Certificate. –
The recording of such copy and certificate in the registry of deeds in the county where the real estate or interest lies shall vacate and dissolve the attachment thereof.
Source.
1879, 57:35. PS 220:39. PL 332:52. RL 388:52.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:53 - Excessive Attachments.

511:53 Excessive Attachments. –
If an excessive or unreasonable attachment of any kind, by trustee process or otherwise, has been made on mesne process, the defendant may apply to the superior court to have the amount of the attachment reduced or to have it discharged. Upon such application, the party making the attachment shall have the burden of proof to show that the attachment is not excessive or unreasonable. If, on hearing, the court shall find that the attachment is excessive or unreasonable under all the circumstances, it shall order the reduction or discharge of the attachment as justice may require. The findings and order of the court under this section shall be inadmissible in evidence for any purpose at any other stage of the cause.
Source.
1953, 124:1. RSA 511:53. 1955, 21:1, eff. Mar. 5, 1955.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:55 - Duration of Certain Attachments.

511:55 Duration of Certain Attachments. –
I. Real or personal property attached shall be held until the expiration of 6 years from the time of rendering a judgment in the action in favor of the plaintiff on which he can take execution, and, if there are several attachments, the property shall be held for the creditors in the order in which their attachments were made.
II. An attachment of real estate or of a right or interest therein where there is no judgment involved shall, unless otherwise dissolved, expire by operation of law at the end of 10 years from the date of filing the same in the office of the register of deeds in the county or district where said real estate or some part of it is situated.
III. An attachment of real estate recorded prior to January 1, 1976, shall expire by operation of law on July 1, 1988, unless renewed in the office of the register of deeds in the county or district where the real estate or some part of it is situated prior to that date.
IV. An attachment of personal property or of a right or interest therein where there is no judgment involved shall, unless otherwise dissolved, expire by operation of law at the end of 10 years from the date of filing the same.
V. An attachment of personal property filed prior to July 1, 1992, shall expire by operation of law on July 1, 2002, unless renewed by refiling in the office of the secretary of state prior to that date.
Source.
RS 184:33. CS 195:35. GS 205:36. GL 224:36. PS 220:40. PL 332:53. RL 388:53. RSA 511:55. 1961, 100:3. 1963, 214:1. 1975, 105:1. 1987, 45:1. 2001, 102:50, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:56 - Several Attachments.

511:56 Several Attachments. –
When there are several attachments of the same property in different suits, if an action in which a prior attachment was made shall be continued in court, the plaintiff in a suit wherein subsequent attachment was made may take judgment and execution at any time, and the lien of his attachment in its order of priority shall be preserved until the expiration of 60 days from the rendition of judgment in the suit wherein the prior attachment was made.
Source.
GS 205:37. GL 224:37. PS 220:41. PL 332:54. RL 388:54. RSA 511:56. 1961, 100:4, eff. June 19, 1961.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:57 - Proceeds of Sale.

511:57 Proceeds of Sale. –
The proceeds of property sold on a writ, and the amount secured by a bond as provided in this chapter, shall be held to pay the executions issuing in the actions in which the attachments were made in the order in which they were made, if demanded by the officer to whom such executions are committed, within 60 days after judgment is rendered.
Source.
RS 184:34. CS 195:36. GS 205:38. GL 224:38. PS 220:42. PL 332:55. RL 388:55. RSA 511:57. 1961, 100:5, eff. June 19, 1961.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:58 - Judgment Nunc Pro Tunc.

511:58 Judgment Nunc Pro Tunc. –
If judgment for the plaintiff is rendered by direction of the court as of previous term, the clerk shall enter of record the day on which the order of court is dated, and property attached shall be held until the expiration of 60 days from that date.
Source.
RS 184:35. 1843, 34:16. CS 195:37. GS 205:39. GL 224:39. PS 220:43. PL 332:56. RL 388:56. RSA 511:58. 1961, 100:6, eff. June 19, 1961.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511 - Attachments › Section 511:59 - Absence of Receiptor.

511:59 Absence of Receiptor. –
Whenever a receiptor for property attached is absent from the county of his residence, the officer holding the receipt may make a demand upon him for the property by leaving a notice in writing at the last and usual place of abode of the receiptor, directed to him, signed by the officer, and containing a statement of the kind and amount of property for which the receipt was given, the names of the parties to the writ on which it was attached, and the time when and place where the officer requires it to be delivered. A demand so made shall charge the receiptor as if it were made upon him in person.
Source.
1879, 26:1. PS 220:44. PL 332:57. RL 388:57.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:1 - Pre-Judgment Attachments; Limitation.

511-A:1 Pre-Judgment Attachments;  Limitation. –
In civil actions in which pre-judgment attachment is authorized, except as otherwise provided in replevin actions, a defendant shall be given notice and an opportunity for a preliminary hearing before any pre-judgment attachment, including attachments of property held by a trustee, shall be made. This chapter shall apply only to pre-judgment attachments, except as provided in RSA 676:17.
Source.
1973, 537:1. 1975, 428:4. 1985, 210:1, eff. Jan. 1, 1986 at 12:01 a.m. 2014, 194:4, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:2 - Notice of Intent.

511-A:2 Notice of Intent. –
In civil actions or suits in equity in which the plaintiff is authorized to make pre-judgment attachments, the plaintiff shall cause to be served on the defendant and to be simultaneously filed with the court a notice, which shall be incorporated prominently in the writ or order of notice, which shall read substantially as follows:
I. The plaintiff intends to attach the defendant's real estate, property, goods, rights or credits, to secure any judgment or decree which may be obtained on the action or suit.
II. The defendant may object to the making of such attachments and is entitled to a hearing thereon.
III. If the defendant desires to object to the making of attachments, such objection shall be made on or before the return date of such writ or orders of notice.
IV. If the defendant fails to object by such return date, he will be deemed to have waived his objections.
Source.
1973, 537:1. 2014, 194:5, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:3 - Hearing by Court.

511-A:3 Hearing by Court. –
When a defendant objects to the making of attachments, the court shall set a hearing on such objection within 14 days of the receipt of such objection. Upon hearing, the burden shall be upon the plaintiff to show that there is a reasonable likelihood that the plaintiff will recover judgment including interest and costs on any amount equal to or greater than the amount of the attachment. Upon satisfying said burden, the plaintiff shall be entitled to the attachment unless the defendant establishes to the satisfaction of the court that his assets will be sufficient to satisfy such judgment with interest and costs if the plaintiff recovers same. Such hearings shall not be bound by the rules of evidence. The court may appoint such masters, referees or magistrates as may be necessary to conduct such hearings.
Source.
1973, 537:1. 1977, 519:1, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:4 - Order of the Court.

511-A:4 Order of the Court. –
If a defendant fails to request a hearing or upon a finding by the court as provided, the court shall issue an order of attachment in such form and to the extent reasonably necessary to secure any judgment or decree which the plaintiff is likely to obtain, to seller with allowable interest and costs.
Source.
1973, 537:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:5 - Filing Attachments.

511-A:5 Filing Attachments. –
The order of the court may be filed with the register of deeds as to real estate or with the secretary of state as to personal property, by the plaintiff or his attorney, without further notice to the defendant. Where notice of such order needs to be given to any trustee, such order shall be served upon the trustee in such manner as may be prescribed by rules of the superior court. Such attachments shall be effective against any trustee, the defendant and all others, except bona fide purchasers for value, as of the time of service or as ordered by the court. Such attachments shall not be effective against bona fide purchasers for value until attachments of real estate have been recorded in the registry of deeds for the county or counties in which the real estate lies or until other attachments are filed with the secretary of state. Fees payable for such recordings or filings shall be in accordance with RSA 478:17-g. As between attaching creditors, all attachments made in conformity with this chapter shall have priority in the order of service of notice on the defendant as provided by RSA 511-A:2.
Source.
1973, 537:1. 1975, 428:1. 2001, 102:51, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:5-a - Additional Service Not Required.

511-A:5-a Additional Service Not Required. –
Notwithstanding any other provision of law, no additional service upon the defendant shall be required in order to perfect an attachment, provided that a notice of intent has been served upon the defendant as provided in RSA 511-A:2.
Source.
1977, 519:3, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:6 - Fraudulent Conveyance.

511-A:6 Fraudulent Conveyance. –
From and after service of the notice provided by RSA 511-A:2 and until the entry of an order by the court as provided by RSA 511-A:4, the defendant shall be deemed to be a person about to incur debts within the meaning of RSA 545:6 and the plaintiff shall be deemed to be a creditor whose claim has not matured, within the meaning of RSA 545:10. In any proceeding brought by the plaintiff under RSA 545:10, the burden shall be upon the defendant to show that any conveyance made or obligation incurred by him during this period was not made to hinder or impede collection of any judgment.
Source.
1973, 537:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:7 - New or Additional Attachment.

511-A:7 New or Additional Attachment. –
At any time after the institution of an action, the plaintiff may, upon notice to the defendant, move for leave to make new or additional attachments, in which event there shall be a hearing and determination as provided in RSA 511-A:3.
Source.
1973, 537:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:8 - Exceptions Prior to Hearing.

511-A:8 Exceptions Prior to Hearing. –
Upon application to the court, in exceptional circumstances, an attachment may be ordered in advance of notice to the defendant if the plaintiff establishes probable cause to the satisfaction of the court of his basic right to recovery and the amount thereof and in addition thereto the existence of any of the following:
I. There is substantial danger the property sought to be attached will be damaged, destroyed, concealed, or removed from the state and placed beyond the attachment jurisdiction of the court.
II. An attachment is necessary to vest quasi in rem jurisdiction of the court.
III. In equity cases for specific performance of an agreement to transfer land or a unique chattel, there is imminent danger of transfer to a bona fide third party. In such land cases, as well as those to perfect a labor and materials lien under RSA 447, a writ of attachment may be filed at a registry of deeds without prior application and notice, provided said writ is in the form of a lis pendens and specifically restricts its application to the particular real estate described in the writ and the return of attachment.
IV. An attachment is necessary to prevent the absolute vesting of title in a purchaser upon the imminent expiration of the notice period under a bulk sale.
V. When necessary to secure an important governmental or general public interest, or when other exceptional circumstances are established to the satisfaction of the court.
In all cases of attachment made ex parte the court may impose reasonable conditions thereon and a hearing shall be granted as promptly as possible upon the subsequent request of a defendant.
Source.
1973, 537:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:9 - Other Procedures.

511-A:9 Other Procedures. –
Once an order of the court has been made in conformance with the provisions of this chapter, all other statutory process shall prevail.
Source.
1973, 537:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:10 - Court Rules and Regulations.

511-A:10 Court Rules and Regulations. –
The supreme court may adopt forms and enact rules and regulations, including, but not limited to, administrative provisions which will facilitate the implementation of this chapter.
Source.
1973, 537:1. 2009, 302:10, eff. July 31, 2009.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:11 - Release of Attachment.

511-A:11 Release of Attachment. –
When an attachment is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff's attorney, upon request, shall give to the defendant or owner of the property attached one or more discharges thereof, which may be filed or recorded in the office or offices where the attachment was filed or recorded. The fees for filing or recording such discharges shall be in accordance with RSA 478:17-g.
Source.
2001, 102:52, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 511-A - Pre-Judgment Attachment Procedure › Section 511-A:12 - Prohibition Against Pre-Judgment Attachment Against a Bank or Credit Union.

511-A:12 Prohibition Against Pre-Judgment Attachment Against a Bank or Credit Union. –
No attachment shall be issued against a bank, as defined in RSA 383-A:2-201(a)(3), a credit union, as defined in RSA 383-A:2-201(a)(15), or property of a bank or credit union before final judgment in any suit, action or proceeding is rendered.
Source.
2015, 272:27, eff. Oct. 1, 2015.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:1 - Personal Actions.

512:1 Personal Actions. –
Any personal action may be begun by trustee process, except actions of replevin.
Source.
RS 208:1. CS 221:1. GS 230:1. GL 249:1. PS 245:1. 1921, 53:1. PL 356:1. RL 412:1.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:2 - Venue.

512:2 Venue. –
Such action shall be brought in the county or judicial district thereof in which it should be brought if no trustee were summoned.
Source.
RS 208:2. CS 221:2. GS 230:2. GL 249:2. PS 245:2. PL 356:2. RL 412:2. RSA 512:2. 1992, 284:44, eff. July 1, 1992.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:3 - Writ.

512:3 Writ. –
The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and estate of the defendant may be attached thereon. Concurrently therewith, the trustee shall be served with a trustee disclosure form in compliance with RSA 512:9-d. The first page of the attachment shall bear a notice in boldface, in at least 12-point type, advising the trustee to complete and file the enclosed disclosure of trustee form with the court, the plaintiff, and the defendant within 30 days of receipt or suffer the risk of default. Return of the trustee disclosure form shall operate as an answer and an appearance on behalf of the trustee. A corporation summoned as trustee may appear and answer through its cashier, treasurer, clerk, or such other officer or employee as it shall appoint.
Source.
RS 208:3. CS 221:3. GS 230:3. GL 249:3. PS 245:3. PL 356:3. RL 412:3. 2000, 257:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:4 - Death of Trustee.

512:4 Death of Trustee. –
If a trustee dies pending the proceedings against him, his executor or administrator may be summoned in as a party, and he shall be liable as if the action had been brought against him as trustee.
Source.
RS 208:24. CS 221:24. GS 230:46. GL 249:38. PS 245:4. PL 356:4. RL 412:4.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:5 - Nonresident Trustee.

512:5 Nonresident Trustee. –
A person doing business in this state and residing outside the state may be summoned upon trustee process by serving the writ upon his clerk or agent having charge of such business, and he may be charged as trustee, as if he were an inhabitant of this state, upon the deposition of such clerk or agent, for any money, goods or chattels of the defendant in his hands or possession in this state or for any rights or credits of the defendant by reason of contracts made or performed within the state.
Source.
1881, 70:1. 1883, 114:1. PS 245:5. PL 356:5. RL 412:5.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:6 - Additional Trustees.

512:6 Additional Trustees. –
The names of any persons may be inserted in the writ as trustees after service thereof upon any other trustee, but not after service upon the defendant, except as provided in RSA 511.
Source.
RS 208:4. CS 221:4. GS 230:4. GL 249:4. PS 245:6. PL 356:6. RL 412:6.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:7 - Partners.

512:7 Partners. –
A partnership shall not be charged as trustee unless the persons summoned are described as partners, nor shall the partners be charged severally unless severally summoned.
Source.
GS 230:5. GL 249:5. PS 245:7. PL 356:7. RL 412:7.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:8 - Joint Liability.

512:8 Joint Liability. –
Two or more trustees otherwise jointly liable may be charged jointly, though severally summoned.
Source.
GS 230:6. GL 249:6. PS 245:8. PL 356:8. RL 412:8.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:9 - Salary or Wages of State Officials or Employees.

512:9 Salary or Wages of State Officials or Employees. –
The salary or wages of any state official or employee for services rendered or labor performed for the state before the service of a writ shall be subject to trustee process. The trustee writ shall be served upon the state treasurer, who shall be chargeable as any other trustee; provided, however, that if the writ is duly entered in court, the treasurer shall discharge himself by paying to the clerk of that court such portion of said salary or wages as is due or payable at the time of service of said writ on the treasurer; and provided further that the state treasurer shall not be chargeable unless the writ shall be served upon him before the check for such salary or wages has left his custody.
Source.
1939, 202:1. RL 412:9.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:9-a - Salary or Wages of County, City, Town, or School District Officials or Employees.

512:9-a Salary or Wages of County, City, Town, or School District Officials or Employees. –
The salary or wages of any county, city, town, or school district official or employee for services rendered or labor performed for the county, city, town, or school district before the service of a writ shall be subject to trustee process. The trustee writ shall be served upon the county, city, town, or school district treasurer who shall be chargeable as any other trustee; provided, however, that if the writ is duly entered in court, the treasurer shall discharge himself by paying to the clerk of that court such portion of said salary or wages as is due or payable at the time of service of said writ on the treasurer; and provided further, that the county, city, town, or school district treasurer shall not be chargeable unless the writ shall be served upon him before the check for such salary or wages has left his custody.
Source.
1959, 102:1. 1965, 171:1, eff. Aug. 21, 1965.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:9-b - Bank Accounts.

512:9-b Bank Accounts. –
When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service only upon a bank officer, branch supervisor, or head teller of a branch only from 8:00 a.m. to 3:00 p.m., Monday through Friday except bank holidays. The trustee so served shall be chargeable only for any money, goods, chattels, rights, or credits of the defendant in the trustee's hands at the time of service, subject to any reductions due the trustee for account fees, amounts alleged or determined not to belong to the defendant or other priority claims to defendant's money, goods, chattels, rights, or credits. If summoned by service after 3:00 p.m., the trustee shall have until the beginning of the next business day to effect the attachment.
Source.
1963, 321:1. 1965, 79:1. 2000, 257:2, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:9-c - Duties of Trustee.

512:9-c Duties of Trustee. –
The trustee so served shall place a hold on money, goods, chattels, rights, or credits of the defendant that are in the trustee's hands at the time of service, but shall have no duty to collect money, goods, chattels, rights, or credits either belonging to the defendant or that may become due or owing the defendant after that time.
Source.
2000, 257:3, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:9-d - Trustee Disclosure Form.

512:9-d Trustee Disclosure Form. –
The trustee disclosure form served upon the trustee in compliance with RSA 512:3 shall include only the following interrogatories and nothing more:
"I. On what date were the trustee writ (including attachment and summons) and trustee disclosure form served upon you?";
"II. What money, rights, goods, chattels, and/or credits belonging to or due defendant did you hold at the time of service?";
"III. Are any of the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II subject to reductions for account fees and/or amounts alleged or determined not to belong to the defendant? If so, please state the amount and the basis."; and
"IV. At this time, are you aware whether the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II are subject to priority claims of other people? If so, please state the amount, the basis for the priority claims, and the claimants."
Source.
2000, 257:3, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:10 - Default.

512:10 Default. –
No person summoned as trustee in an action shall be charged on default until that person shall have neglected to file a properly served trustee disclosure form in a timely manner, after such notice as the court may order.
Source.
1876, 7:1. 1877, 23:1. GL 249:7. PS 245:9. PL 356:9. RL 412:10. 2000, 257:4, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:11 - Effect.

512:11 Effect. –
If the trustee fails to file a trustee disclosure form with the court within 30 days of service of the trustee writ on the trustee, the trustee may be adjudged chargeable for a sum up to the amount of the judgment which may be recovered by the plaintiff against the defendant.
Source.
RS 208:5. CS 221:5. GS 230:11. GL 249:8. PS 245:10. PL 356:10. RL 412:11. 2000, 257:5, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:12 - Taking.

512:12 Taking. –
Within 30 days of the filing of the trustee disclosure with the court, the plaintiff or defendant shall be entitled to take trustee's deposition on the issue of trustee's chargeability upon such notice to the trustee as is required in taking depositions under court rules and upon the payment to the trustee of fees for travel and attendance.
Source.
1876, 7:2. GL 249:9. PS 245:11. PL 356:11. RL 412:12. 2000, 257:6, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:13 - Depositions.

512:13 Depositions. –
The depositions of persons other than the trustee may be taken by any party to a suit relative to the liability of the trustee.
Source.
1876, 7:3. GL 249:10. PS 245:12. PL 356:12. RL 412:13.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:14 - Corporations, Etc.

512:14 Corporations, Etc. –
If a corporation or partnership is summoned as trustee, the deposition of the cashier, treasurer or other proper officer or agent of the corporation, or of a member of the partnership, may be taken as the deposition of the trustee.
Source.
RS 208:23. CS 221:23. GS 230:16. GL 249:11. PS 245:13. PL 356:13. RL 412:14.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:15 - Procedure.

512:15 Procedure. –
In cases under RSA 512:14, like proceedings may be had by or against the corporation or partnership, upon summons or notice to or by such officer, agent or member to give such deposition, and upon their failure or refusal, as in the case of an individual.
Source.
GS 230:17. GL 249:12. PS 245:14. PL 356:14. RL 412:15.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:16 - Discontinuance.

512:16 Discontinuance. –
The plaintiff may, at any time, give notice in writing to the trustee that the action is discontinued against him, and no further proceedings shall be had, except that the trustee shall recover his cost, if any, to that time.
Source.
GS 230:18. GL 249:13. PS 245:15. PL 356:15. RL 412:16.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:17 - Submitting Deposition.

512:17 Submitting Deposition. –
At the term next after the deposition of the trustee is taken, the deposition shall be submitted unless, for good cause shown, further time is given for taking other depositions.
Source.
GS 230:20. GL 249:14. PS 245:16. PL 356:16. RL 412:17.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:18 - Jury Trial.

512:18 Jury Trial. –
If, by the depositions taken by the plaintiff and trustee, it appears that the trustee denies his liability as claimed by the plaintiff, either of the parties, before a decision of the court, may move for a trial by the jury.
Source.
RS 208:28. CS 221:28. GS 230:29. GL 249:23. PS 245:17. PL 356:17. RL 412:18.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:18-a - Evidentiary Hearing.

512:18-a Evidentiary Hearing. –
If the court receives no objection to a trustee disclosure within 30 days of the date of receipt of such disclosure, the disclosure shall determine the chargeability of the trustee. If the plaintiff or the defendant files a written objection to the trustee disclosure within 30 days of receipt of the trustee's disclosure, or if the trustee fails to file a trustee disclosure form with the court within 30 days of service of the trustee writ on the trustee, the court shall schedule an evidentiary hearing on the extent of the trustee's chargeability.
Source.
2000, 257:7, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:19 - Issue.

512:19 Issue. –
Upon a motion for trial by jury pursuant to RSA 512:18, an issue shall be framed under the direction of the court as to the liability of the trustee, and, upon the trial, the depositions taken by either party may be used as evidence.
Source.
RS 208:28. CS 221:28. GS 230:30. GL 249:24. PS 245:18. PL 356:18. RL 412:19.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:20 - Charging Trustee.

512:20 Charging Trustee. –
Upon the filing of trustee disclosure not objected to within 60 days of filing, or, upon the court's decision following an evidentiary hearing on the trustee's chargeability, the court shall charge the trustee for any money, goods, chattels, rights, or credits of the defendant in the trustee's possession at the time of the service of the writ and not exempted from trustee process, or subject to any reductions for account fees, amounts alleged or determined not to belong to the defendant or other priority claims to defendant's money, goods, chattels, rights, or credits.
Source.
RS 208:19. CS 221:19. GS 230:28, 31. GL 249:22, 25. PS 245:19. PL 356:19. RL 412:20. 2000, 257:8, eff. Jan. 1, 2001.