Title LII, Actions, Process, and Service of Process

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…

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 allowabl…

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 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 or…

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…

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.

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…

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 h…

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 execu…

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.

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 …

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 credit…

In all counties, the officer making an attachment pursuant to RSA 511:3 shall, at the time of making it, pay to the register of deeds the fees established pursuant to RSA 478:17-g.

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.

By an attachment of real estate all the debtor's interest therein is held to satisfy the judgment, though such interest is a right of redeeming the same upon a mortgage or levy or sale on execution or for taxes, or a right to receive a conveyance thereof by a contract.

In all counties when an attachment upon real estate is dissolved or the levy thereunder is defeated, the plaintiff or his attorney, upon request, shall give to the defendant or owner of the land a discharge thereof, and the defendant or owner of the land, within 30 days after suc…

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 there…

Once an order of the court has been made in conformance with the provisions of this chapter, all other statutory process shall prevail.

Any person violating the provisions of RSA 511:8 shall be guilty of a violation.

Any personal action may be begun by trustee process, except actions of replevin.

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.

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.

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 depositions of persons other than the trustee may be taken by any party to a suit relative to the liability of the trustee.

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.