Title LIV, Executions, Levies, Bail, and the Relief of Poor Debtors

The deed of the officer making the sale shall briefly state his office, the names of the parties to the action in which the execution issued, the court and term at which the judgment was rendered, the consideration paid for the right or term sold, a description of the premises co…

The officer shall make a full return of his proceedings, and cause the execution and return to be recorded at length in the registry of deeds of the county in which the real estate lies, and to be returned to the office of the clerk of the court to which it is returnable; and no …

The proceeds of the sale shall be applied to the satisfaction of the executions issuing in the actions in which the estate was attached, in the order of the attachments, and then to the payment of any other executions in the officer's hands in the order in which they were receive…

I. Notwithstanding the provisions of RSA 529:25, if prior to the sale the debtor or the debtor's spouse makes a written claim to the sheriff and the party in whose favor the execution issued, that he is entitled to a homestead exemption pursuant to RSA 480:1, the sheriff shall no…

The sale and deed made in pursuance thereof shall be void if, within one year after the sale, the debtor shall pay or tender to the purchaser the purchase money, and all reasonable sums paid by him for taxes, insurance, repairs and the redemption of mortgages upon the estate, to …

Attachable real estate may be taken on execution and sold, as rights of redeeming mortgaged real estate are; and the debtor has the same right of redemption from such sale.

Such seizure and sale shall transfer to the purchaser all the right, title and interest that the execution debtor had in such real estate as in other cases, subject to the debtor's right of redemption.

No lien upon or right in real estate, upon which there is no existing lien by virtue of an attachment, made in the action in which the execution issued, shall be acquired as against subsequent purchasers or attaching creditors without notice, by the levy of an execution upon it, …

If the debtor, on due notice, neglects to appoint an appraiser, or does not reside in the county or within twenty miles of the property to be appraised, the officer shall appoint an appraiser for him.

I. The register of deeds shall certify upon each copy the time when it was received, and may keep it on file or record it as provided in paragraph II. The register of deeds shall also enter a record of it upon the index, as in the case of attachments of real estate with the excep…

In all counties, the officers so making a levy shall pay to the register of deeds the fees prescribed in RSA 478:17-g and shall be entitled to the same fees for travel and copy as in case of an attachment of real estate, all of which shall be returned upon the execution.

The debtor may redeem without claiming a reduction on account of the rents and profits of the estate received by the creditor or purchaser; and in such case the debtor may recover such rents and profits of the creditor or purchaser, in an action of assumpsit for use and occupatio…

The creditor or purchaser, upon payment or tender to him of the amount to be paid for redeeming the estate set off or sold to him, and a reasonable sum for making and executing the release, shall execute a release to the debtor of all right acquired by the setoff or sale.

If the parties do not agree as to the amount to be paid to redeem real estate from a levy, like proceedings may be had for determining the amount as are provided for determining the amount due upon a mortgage on petition of the mortgagor.

The person having the estate or right of the creditor, purchaser or debtor in real estate taken in execution shall be deemed to be, and shall have the rights, privileges and remedies of, the creditor, purchaser or debtor, as to all persons having notice of his right; and no act d…

Notice given to the clerk, treasurer, agent or one of the directors of a corporation to choose an appraiser for the corporation, ten days before the levy, shall be legal notice to the corporation.

If an appraiser shall die, or for any cause cannot act or declines to act, the sheriff shall cause an appraiser to be appointed to fill the vacancy, in the same manner as he was required to proceed in causing the original appointment, and the levy may be completed as if no vacanc…

A levy begun by the appointment and swearing of one or more of the appraisers may be completed before the return day of the execution.

The appraisers shall set off to the creditor, by metes and bounds or other distinct description, the real estate appraised by them, or so much as may be necessary in payment of the execution and costs of levying.

If such real estate is holden jointly, or in common with others, the levy shall be made upon the undivided interest of the debtor or a part thereof.

If such real estate cannot, in the judgment of the appraisers, be divided and set out by metes and bounds without greatly impairing the value of the whole the levy may be made upon an undivided interest therein, or by such mode of division as the nature of the property will admit…

The goods and estate of towns and of school and village districts may be taken on execution, and set off or sold, subject to the provisions of this chapter, as in case of an execution against an individual.

Such writ shall also be issued, upon application of the execution creditor, in any case where the execution has not been paid within sixty days after an attested copy has been left as provided in RSA 530:3.

If application for the writ is made to the court by a person whose property is levied upon, within thirty days after the beginning of the levy, further proceedings on the levy shall be suspended, unless the court shall otherwise order.

Every person upon whose property an execution against a town or district has been levied may, in an action of assumpsit for money paid, recover of such town or district the sum so levied, and damages and double costs.

Upon a sale or setoff of its property upon an execution against a town or a school or village district, the notice in other cases required to be given to the debtor may be given to one of the selectmen of the town, one of the school board of the school district, or one of the com…

If sufficient goods or estate of the town or district are not found to satisfy the execution, an attested copy thereof may be left with one of the selectmen of the town, or with one of the school board of the school district, or one of the commissioners of the village district, a…

When a copy of an execution against a town is so left the selectmen shall pay it, or assess a tax upon the estate liable to taxation therein sufficient to satisfy it and the officer's fees thereon.

When a copy of an execution against a district is so left the school board or commissioners, as the case may be, shall pay it, or they shall call a meeting of the voters of the district, at which meeting they shall vote to raise the necessary sum to satisfy the execution and the …

When such town or district tax is so assessed it shall be collected within thirty days, and shall be applied in satisfaction of the execution.

If the selectmen, to whom such vote of the district is certified, neglect for thirty days to assess the district tax, and deliver to the collector their warrant for the collection thereof, such execution against the district may be levied upon the property of the selectmen.

If the execution is not paid within sixty days after an attested copy is left as aforesaid it may be levied as follows: against a town, upon the goods or estate of the selectmen; against a district, upon the goods or estate of the school board or of the commissioners, as the case…

In case a levy is begun upon the property of an inhabitant or nonresident, other than one of the selectmen or of the school board or commissioners, the superior court, upon application of the person whose property is so levied upon, or upon the application of any other property o…