Title LII, Actions, Process, and Service of Process

When the name of the defendant is unknown to the plaintiff, the writ may be issued against him by a fictitious name, and, being duly served, it shall not for that cause be abated, but may be amended on such terms as the court may order.

Original writs, before service thereof, shall be indorsed by the plaintiff or by his agent or attorney if the plaintiff is an inhabitant of the state, otherwise by some responsible person who is an inhabitant.

If the defendant recovers costs, the person indorsing the writ shall be liable therefor on scire facias upon the return of non est or not satisfied upon the execution therefor; but if the plaintiff lives out of the state, the indorser shall be so liable without such return.

All original writs and writs of mesne process shall be served by the service date specified by the court on the summons, and shall be returnable to the superior court for Rockingham County at Brentwood; Strafford County at Dover; Belknap County at Laconia; Carroll County at Ossip…

Service of writs against counties may be made upon one of the county commissioners and the treasurer for the county; against cities, upon the mayor or one of the aldermen and the city clerk, or in a city where the city manager is chief administrative officer and the head of the a…

If any of the offices specified in RSA 510:10 is vacant, the service otherwise to be made upon the incumbent of such office may be made instead upon one of the principal inhabitants of the county, city, town or district.

Whenever service of process or attachment is required to be made by leaving a copy at the abode of a town or city clerk, it shall be deemed sufficient service if the copy is left at his office, in case he has an office separate from his dwelling house.

Service of writs or other process against unincorporated associations, joint stock companies, limited liability companies, syndicates, orders or any mutual association of persons, other than a partnership having not more than 4 members, within this state may, except when otherwis…

Service of writs against other corporations may be made upon the clerk, treasurer, cashier, or one of the directors, trustees or managers, if any, in the state, and otherwise upon any principal member or stockholder, or upon any agent, overseer or other person having the care of …

Service of writs against a railroad corporation may be made upon any person doing the business of the corporation as ticket master for the sale of passenger tickets at any station upon its railroad.

Service of a writ against a manufacturing corporation may be made by leaving an attested copy of the writ at the office or countingroom of the corporation.

In the return of service of trustee process against a corporation, the officer shall set forth the hour when the copy was given or left.

All writs and other processes shall be served by giving to the defendant or leaving at his abode an attested copy thereof, except in cases otherwise provided for.

All writs and other processes shall at the time that they are served upon the defendant indicate on such writ or process the time, place and mode of service made upon the defendant, and shall further indicate any attachments made upon the property of the defendant and the time, p…

I. Jurisdiction. Any person who is not an inhabitant of this state and who, in person or through an agent, transacts any business within this state, commits a tortious act within this state, or has the ownership, use, or possession of any real or personal property situated in thi…

A writ of scire facias may be served, in case the defendant is not an inhabitant of the state, on the attorney who appeared for him in the original action or as otherwise provided in RSA 510:4.

When the defendant is not an inhabitant of the state, and no mode of serving the writ is prescribed, or service thereof cannot be made in the mode prescribed, the action may be entered in court and such notice ordered as the case requires, and notice of the pendency of the suit, …

Where notice by publication in a newspaper is ordered by any court upon any petition, writ or other similar process, the original of which is upon file in such court, it shall be sufficient to publish a citation containing the title of the case, the name of the court in which it …

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 truste…

All property, real and personal, which is liable to be taken in execution, may be attached and held as security for the judgment the plaintiff may recover. Such property may be attached following the entry of judgment for the plaintiff.

A creditor attaching his debtor's interest in real estate, whether such interest is a right of redeeming the same upon mortgage or levy or sale on execution or for taxes, or a right to receive a conveyance by virtue of a contract, may, while such right exists, as well before as a…

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.

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 wh…

Upon payment or tender as provided in RSA 511:10, the interest in such real estate under such mortgage, levy or sale, and the interest of the contractor in the real estate by him contracted to be conveyed, shall, as against such attachment and the rights acquired under it, cease.

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.

The creditor, or the officer serving the writ, may demand of the person entitled to the redemption or purchase money an account, under oath, of the amount due him, and if such an account is not rendered within 15 days thereafter, or a false account is rendered, the interest of th…

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 …

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 …

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…

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 recov…