Title LII, Actions, Process, and Service of Process

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.

If, after payment of the redemption or purchase money, the attachment is dissolved or the levy under it is defeated, the creditor shall be entitled to receive from the person to whom the payment was made a conveyance of his right to the real estate.

If the person to whom payment of the redemption or purchase money was made, being requested to make a conveyance, and having his reasonable charges therefor paid or tendered to him, unreasonably neglects or refuses to make it, the creditor may maintain an action of assumpsit agai…

The debtor shall be notified in writing of the conveyance, neglect or refusal, and, after such notice, shall have the same time for redeeming the real estate that he had at the time of attachment.

No attachment of any interest in real estate shall be defeated by any change in the nature of the debtor's right thereto, as by redemption of a mortgage or other encumbrance or the execution to the debtor of any conveyance pursuant to a contract, but the whole interest of the deb…

The following goods and property are exempted from attachment and execution: I. The wearing apparel necessary for the use of the debtor and the debtor's family. II. Comfortable beds, bedsteads and bedding necessary for the debtor, the debtor's spouse and children. III. Household …

Pews or seats in a meetinghouse or a place of public worship shall be deemed personal property, and may be attached by leaving an attested copy of the writ and of the officer's return thereon with the town clerk of the town in which the meetinghouse is located.

A security may be attached or levied upon as provided in RSA 382-A:8-112. Whenever jurisdiction exists over the person of a debtor who owns a security and the sheriff or deputy to whom a creditor has delivered process for the attachment of or levy upon such security is unable to …

The franchise of a corporation authorized to receive tolls, so far as relates to the right to receive tolls, with all the privileges and immunities belonging thereto, may be attached by leaving an attested copy of the writ and of the officer's return thereon with the clerk, treas…

The officer taking possession to levy upon or attaching any livestock or articles which, by reason of their size, situation, fluidity, explosive or inflammable qualities, including motor vehicles, trucks, trailers, and tractors, are incapable of being conveniently taken into actu…

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.

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.

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, secure…

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 tende…

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.

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.

Real estate may be attached on a writ of mesne process by the officer, the plaintiff, his attorney or any other person leaving an attested copy thereof, and of his return of the attachment thereon, at the office or the dwelling house of the register of deeds of the county in whic…

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.

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 …

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 fo…

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…

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, …

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 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.

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 penalt…

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 off…

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 i…

I. The officer's return is sufficient evidence that the copy has been so left, and of the time thereof, but the register of deeds shall certify thereon the time when the copy was received and may keep it on file or record it as provided in paragraph II. II. The register of deeds …

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.

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.

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 fo…

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 …

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.

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.

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.

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 …

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 hea…

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 pet…

The register of deeds shall enter into the index all attachments so made, and of the attested copies of all writs and processes filed, which index shall be open to public inspection at all times. He or she shall enter therein, at the time of receiving an attested copy, a record o…

I. Trustee process shall not constitute an attachment upon real estate, unless: (a) The trustee is named in the caption of the case for which he is recording the trustee process; (b) The person for whom the trustee is acting in his capacity as trustee is named in the caption of t…

The petition and proceedings thereon shall be filed with the writ in the action.

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.

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.

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 th…

RSA 511:53 shall be construed as remedial in nature.

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…