Title LII, Actions, Process, and Service of Process

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.

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.

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.

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.

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.

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 da…

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.

Such action shall be brought in the county or judicial district thereof in which it should be brought if no trustee were summoned.

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 money, rights, and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefor: I. Wages for labor performed by the defendant after the service of the writ upon the trustee. II. Except as otherwise…

If the trustee is sought to be charged for a negotiable promissory note or other instrument on which he is liable, made and payable in this state, or the parties to which, at the time of making the same, resided in this state, the plaintiff shall, if practicable, take the deposit…

If it appears that a third person has a claim of right to a note or instrument provided for in RSA 512:22, or if it is not practicable to procure the deposition of the defendant as provided for in RSA 512:22, the court may order notice to be given to him personally, if practicabl…

If it shall not appear that the note was transferred in good faith and for a valuable consideration before the service of the writ upon the trustee, the maker shall be charged as the trustee of the debtor, and the payment of the judgment rendered against him shall be a discharge …

If any debtor shall not appear on notice, or shall refuse to testify, he may be punished as for contempt of court.

If by the depositions taken it appears that the property for which the trustee is sought to be charged is claimed by a third person, he shall, on motion and upon such terms as the court may order, be admitted to defend his right, and may offer any evidence in support thereof.

If a claimant under RSA 512:26 does not appear, the court may order notice to be given to him personally, if practicable, otherwise by publication and in such other manner as the court deems proper, to appear and maintain his claim, or be forever barred therefrom.

Any claimant appearing voluntarily or upon notice shall, upon motion and such terms as the court may order, be admitted as a party to maintain his claim, and may move for a trial by jury, and such trial shall be had upon an issue between the plaintiff and the claimant, framed the…

If the trustee is adjudged chargeable for any personal property subject to mortgage, pledge or other lien, the court may appoint a receiver to dispose of the same if more can be obtained for it than the claims upon it.

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…

If the trustee is adjudged chargeable for any promissory note or other security for the payment of money or any chose in action upon which an execution cannot be levied, the court may appoint a receiver to collect it.

The proceeds of any property in the hands of a receiver for which the trustee was charged shall be applied, under the direction of the court, after paying costs and charges and prior liens, in satisfaction of the judgment, and any surplus shall be paid to the defendant.

If the trustee refuses to deliver to a receiver appointed under RSA 512:29 or RSA 512:30 any note, security for money, evidence of debt, chose in action or other property, on the grounds that such property is not subject to trustee process, the court shall schedule an evidentiary…

The trustee adjudged chargeable shall retain in his hands the sum or articles other than those for which a receiver is appointed, for which he is so charged, until demanded of him upon execution issued in the suit, or until the suit is otherwise terminated.

If the trustee is adjudged chargeable for any specific articles in his possession or which he is under contract to deliver to the defendant, the execution which may issue against the defendant shall contain a precept to levy the same thereon, and the officer may demand, receive a…

If the trustee neglects or refuses to deliver the articles to the officer having the execution on request, execution shall be issued against him, upon notice, as for his own debt, for the value thereof, such damages as the court may order, and costs.

When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and ag…

If the trustee is adjudged chargeable for any liability not due or payable, or other cause for delay exists, execution or other proceedings in relation thereto may be stayed as equity requires.

Upon payment or delivery by the trustee of any money or other property for which he is charged according to the provisions of this chapter, he shall be discharged of all claim of the defendant for the same, and in any suit therefor he may give the special matter in evidence under…

The defendant or trustee may discharge the liability of the trustee by paying into court the sum for which the trustee is charged. Payment into court by the trustee shall discharge the trustee as a party to the underlying lawsuit.

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.

A defendant whose rights, credits or other things are attached upon trustee process may apply to the court for a release of the attachment. The court, after reasonable notice to the parties, may order the petitioner to give to the plaintiff a sufficient bond, conditioned to pay t…

If, upon the verdict of a jury, the trustee is adjudged chargeable for a greater sum or for other property than he would have been chargeable for upon his deposition, he shall pay costs; otherwise, he shall recover costs.

When it appears that the trustee has received the property of the defendant, or a conveyance or bill of sale thereof, in trust for the defendant, or by absolute conveyance with a secret trust, or has done any other act in relation thereto with intent to aid him in defeating or de…

The trustee shall recover the trustee's costs in all cases from the plaintiff except as provided in this chapter, unless otherwise ordered by the court, and the court shall adjust all costs in matters relating to trustee process as between the plaintiff and trustee or any claiman…

In all cases where suit is brought and the personal earnings of the defendant are held under the trustee process, and a settlement of the action is made, or tendered, by the defendant or by some other person in his or her behalf prior to the service date specified by the court on…

If any person shall demand or receive from a defendant in connection with the settlement of any trustee suit any sum of money or other thing of value in excess of the provisions of RSA 512:44 he shall be guilty of a violation.

No deposition taken under the provisions of this chapter shall be evidence upon any criminal prosecution, except upon an indictment of the deponent for perjury therein.

The superior court, acting as a body, may make and establish such rules and orders as may be necessary and convenient to carry into effect the provisions of this chapter.

The provisions of this chapter, so far as they are applicable to actions in municipal and district courts, shall apply to actions and proceedings therein and to process issued therefrom.

When any trustee in a writ issued by a municipal court resides in another county, the writ and any execution issued thereon against such trustee shall be directed to the sheriff of any county or his deputy, or to any constable of the town in which the trustee resides.

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 o…

In a case under RSA 512:49, the plaintiff shall file with the municipal court a bond to the trustee, in a sum and with sureties to the acceptance of the court, conditioned to pay the costs which the trustee may recover, and a memorandum of the filing of such bond shall be made an…

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.

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.

Two or more trustees otherwise jointly liable may be charged jointly, though severally summoned.