TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS

Chapter 511
ATTACHMENTS

Attachable Property and Exemptions

Section 511:1

    511:1 Attachable Property. – 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.

Source. RS 184:1. CS 195:1. GS 205:1. GL 224:1. PS 220:1. PL 332:1. RL 388:1. 2008, 340:3, eff. Sept. 5, 2008.

Section 511:2

    511:2 Exemptions. –
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 furniture to the value of $3,500.
IV. One cook stove, one heating stove and one refrigerator and necessary utensils belonging to the same.
V. One sewing machine, kept for use by the debtor or the debtor's family.
VI. Provisions and fuel to the value of $400.
VII. The uniform, arms and equipments of every officer and private in the militia.
VIII. The Bibles, school books and library of any debtor, used by the debtor or the debtor's family, to the value of $800.
IX. Tools of the debtor's occupation to the value of $5,000.
X. One hog and one pig, and the pork of the same when slaughtered.
XI. Six sheep and the fleeces of the same.
XII. One cow; a yoke of oxen or a horse, when required for farming or teaming purposes or other actual use; and hay not exceeding 4 tons.
XIII. Domestic fowls not exceeding $300 in value.
XIV. The debtor's interest in one pew in any meetinghouse in which the debtor or the debtor's family usually worship.
XV. The debtor's interest in one lot or right of burial in any cemetery.
XVI. One automobile to the value of $10,000.
XVII. Jewelry owned by the debtor or the debtor's family to the value of $500.
XVIII. The debtor's interest in any property, not to exceed $1,000 in value, plus up to $7,000 of any unused amount of the exemptions provided under paragraphs III, VI, VIII, IX, XVI, and XVII of this section.
XIX. Subject to the Uniform Fraudulent Transfer Act, RSA 545-A, any interest in a retirement plan or arrangement qualified for tax exemption purposes under present or future acts of Congress; provided, any transfer or rollover contribution between retirement plans shall not be deemed a transfer which is fraudulent as to a creditor under the Uniform Fraudulent Transfer Act. "Retirement plan or arrangement qualified for tax exemption purposes" shall include without limitation, trusts, custodial accounts, insurance, annuity contracts, and other properties and rights constituting a part thereof. By way of example and not by limitation, retirement plans or arrangements qualified for tax exemption purposes permitted under present acts of Congress include defined contribution plans and defined benefit plans as defined under the Internal Revenue Code (IRC), individual retirement accounts including Roth IRAs and education IRAs, individual retirement annuities, simplified employee pension plans, Keogh plans, IRC section 403(a) annuity plans, IRC section 403(b) annuities, and eligible state deferred compensation plans governed under IRC section 457. This paragraph shall be in addition to and not a limitation of any other provision of New Hampshire law which grants an exemption from attachment or execution and every other species of forced sale for the payment of debts. This paragraph shall be effective for retirement plans and arrangements in existence on, or created after January 1, 1999, but shall apply only to extensions of credit made, and debts arising, after January 1, 1999.
XX. One computer.

Source. RS 184:2. CS 195:2. 1862, 2604:1, 2605:1. GS 205:2. 1871, 30:1. GL 224:2; 245:3. 1883, 8:1. PS 220:2. PL 332:2. RL 388:2. 1953, 139:1-4. RSA 511:2. 1971, 215:1. 1981, 333:2. 1983, 162:1. 1994, 34:1-3. 1996, 151:1. 1998, 300:1, eff. Jan. 1, 1999. 2014, 186:4, eff. Jan. 1, 2015. 2019, 166:1, eff. Sept. 8, 2019.

Section 511:2-a

    511:2-a Repealed by 1996, 151:2, eff. Jan. 1, 1997. –

Attachment of Real Estate

Section 511:3

    511:3 Service on Register. – 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 which the real estate is situated.

Source. RS 184:3. CS 195:3. GS 205:3. GL 224:3. 1889, 73:1. PS 220:3. 1911, 45:1. PL 332:3. RL 388:3. RSA 511:3. 1977, 519:2, eff. Sept. 13, 1977.

Section 511:4

    511:4 Return. –
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 may cause the originals of copies filed under paragraph I to be photographed and preserved on microfilm or optical disk or both, in addition to or in lieu of other recording methods.

Source. RS 184:4. 1848, 720. CS 195:4. GS 205:4. GL 224:4. PS 220:4. 1911, 45:1. PL 332:4. RL 388:4. RSA 511:4. 1997, 203:1, eff. Jan. 1, 1998.

Section 511:5

    511:5 Register's Index. – 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 of the exact time when it was received, and of the names of the plaintiff and defendant in the action.

Source. 1848, 720:1. CS 195:5. GS 205:5. GL 224:5. PS 220:5. 1911, 45:1. PL 332:5. RL 388:5. 2008, 322:10, eff. Aug. 31, 2008.

Section 511:5-a

    511:5-a Indexing Trustee Process. –
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 the case for which the trustee is recording the trustee process; and
(c) The trustee process specifically recites that the real estate standing in the name of the trustee is attached.
II. Whenever trustee process, which conforms to paragraph I, is recorded, the register of deeds shall include the name of the trustee in the index required by RSA 511:5.

Source. 1983, 376:1. 2008, 322:11, eff. Aug. 31, 2008.

Section 511:6

    511:6 Register Fees. – 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.

Source. CS 195:6. 1848, 720:2. GS 205:6. GL 224:6. PS 220:6. 1911, 45:1. PL 332:6. 1929, 52:1. RL 388:6. RSA 511:6. 1965, 377:2. 1977, 89:5. 1983, 262:8, eff. Aug. 17, 1983.

Section 511:7

    511:7 Extent of Lien. – 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.

Source. RS 184:5. CS 195:7. GS 205:7. GL 224:7. 1879, 57:35. PS 220:7. PL 332:7. RL 388:7.

Section 511:8

    511:8 Dissolution. – 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 such attachment is dissolved or levy thereunder defeated, shall cause the discharge to be recorded in the office of the register of deeds in which said attachment or levy is recorded, and shall pay the register of deeds the fee established pursuant to RSA 478:17-g.

Source. 1913, 52:1. PL 332:8. RL 388:8. RSA 511:8. 1965, 377:3. 1977, 89:6. 1983, 262:9, eff. Aug. 17, 1983.

Section 511:9

    511:9 Penalty. – Any person violating the provisions of RSA 511:8 shall be guilty of a violation.

Source. 1913, 52:2. PL 332:9. RL 388:9. RSA 511:9. 1973, 531:148, eff. Oct. 31, 1973 at 11:59 p.m.

Attachment of Encumbered Real Property

Section 511:10

    511:10 Redemption by Creditor. – 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 after the sale thereof on his execution, pay or tender to the person entitled to the redemption of purchase money the sum due him.

Source. RS 184:6. 1845, 233:1. CS 195:8. GS 205:8. GL 224:8. PS 220:8. PL 332:10. RL 388:10.

Section 511:11

    511:11 Effect of Redemption. – 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.

Source. RS 184:6. 1845, 233:1. CS 195:8. GS 205:8. GL 224:8. PS 220:8. PL 332:11. RL 388:11.

Section 511:12

    511:12 Failure to Give Account. – 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 the person entitled to the redemption or purchase money in such real estate shall, as against the attachment and the rights acquired under it, cease.

Source. RS 184:7. CS 195:9. GS 205:9. GL 224:9, 18. 1883, 29:1. PS 220:9. PL 332:12. RL 388:12.

Section 511:13

    511:13 Relief. – 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.

Source. 1883, 29:1. PS 220:9. PL 332:13. RL 388:13.

Section 511:14

    511:14 Conveyance to Creditor. – 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.

Source. RS 184:8. CS 195:10. GS 205:10. GL 224:10. PS 220:10. PL 332:14. RL 388:14.

Section 511:15

    511:15 Refusal to Convey. – 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 against him for the money paid with interest.

Source. RS 184:9. CS 195:11. GS 205:11. GL 224:11. PS 220:11. PL 332:15. RL 388:15.

Section 511:16

    511:16 Notice to Debtor. – 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.

Source. RS 184:9. CS 195:11. GS 205:11. GL 224:11. PS 220:11. PL 332:16. RL 388:16.

Section 511:17

    511:17 Change of Title. – 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 debtor, upon such change, shall be held by the attachment.

Source. RS 184:10. CS 195:12. GS 205:12. GL 224:12. PS 220:12. PL 332:17. RL 388:17.

Shares in Corporations, Pews, Bulky Articles, Etc.

Section 511:18 to 511:20

    511:18 to 511:20 Repealed by 1959, 247:2, eff. July 1, 1961. –

Section 511:21

    511:21 Pews. – 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.

Source. RS 184:12. CS 195:14. GS 205:14. GL 224:14; 236:11. PS 220:14. PL 332:21. RL 388:21.

Section 511:21-a

    511:21-a Corporate Securities. – 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 seize or take possession of the same, the superior court, upon application of the creditor and with or without notice to the debtor, may issue a mandatory order enjoining the debtor from transferring or encumbering such security and directing the debtor to surrender such security to the sheriff or his deputy within a time limit to be set forth in the order, for the purpose of enabling such officer to attach or levy upon the same. Such order shall be served upon the debtor by such officer, and failure to comply therewith shall be punishable as a contempt of court. No bond shall be required of the creditor as a condition precedent to the issuance of such an order ex parte, but, in such cases, the order of the court shall set a time and place prior to the expiration of the time limit for compliance therewith at which the debtor may be heard if he desires, and upon such hearing, the ex parte order may be stayed or modified for just cause shown. "Security" as used in this section means a security as defined in RSA 382-A:8-102.

Source. 1971, 248:1. 2001, 102:48, eff. July 1, 2001.

Section 511:22

    511:22 Toll Franchise. – 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, treasurer or a director of the corporation.

Source. RS 184:13. CS 195:15. GS 205:15. GL 224:15. PS 220:15. PL 332:22. RL 388:22.

Section 511:23

    511:23 Bulky Articles, Etc. – 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 actual possession may, within 48 hours thereafter, leave an attested copy of the writ, and of his return of such taking possession or such attachment thereon, at the office of the secretary of state or in the registry of deeds, as the case may be, where filing is required to perfect a security interest in such goods under RSA 382-A, Article 9, and in such cases the attachment shall not be dissolved or defeated by any neglect of the officer to take actual possession of the property. Fees payable for such filing or recording shall be in accordance with RSA 478:17-g. The officer, upon completion of the attachment in the manner provided in this section, shall be under no duty to care for or preserve the attached property unless requested by the attaching creditor, who shall be responsible for all reasonable costs and expenses incurred by the officer, including his reasonable fees, in complying with such request.

Source. RS 184:14. CS 196:16. 1866, 4244. GS 205:16. 1873, 7:1. GL 224:16. 1885, 9:1. PS 220:16. 1905, 43:1. 1907, 44:1. 1911, 132:1. 1915, 57:1. PL 332:23. 1937, 6:1. RL 388:23. 1947, 62:1. RSA 511:23. 1959, 247:2. 2001, 102:49, eff. July 1, 2001.

Section 511:24

    511:24 Completing Service; Excessive Attachment. – 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.

Source. 1905, 43:1. 1907, 44:1. 1911, 132:1. 1915, 57:1. PL 332:24. RL 388:24.

Section 511:25

    511:25 Intermeddling. – 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.

Source. 1905, 43:3. PL 332:25. 1929, 109:1. RL 388:25. RSA 511:25. 1973, 528:315, eff. Oct. 31, 1973 at 11:59 p.m.

Encumbered Personal Property

Section 511:26

    511:26 Interest Attachable. – 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, secured party or holder the amount for which the property is held as ascertained in the mode provided by RSA 511:27.

Source. RS 184:15. CS 195:17. GS 205:17. GL 224:17; 236:4. PS 220:17. PL 332:26. RL 388:26. RSA 511:26. 1977, 299:6, eff. Aug. 26, 1977.

Section 511:27

    511:27 Account. – 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 tender or payment, until the account is given.

Source. RS 184:16. CS 195:18. GS 205:18. GL 224:18. 1883, 29:1. PS 220:18. PL 332:27. RL 388:27. RSA 511:27. 1977, 299:7, eff. Aug. 26, 1977.

Section 511:28

    511:28 Refusal. – 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.

Source. RS 184:16. CS 195:18. GS 205:18. GL 224:18. 1883, 29:1. PS 220:18. PL 332:28. RL 388:28. RSA 511:28. 1977, 299:8, eff. Aug. 26, 1977.

Section 511:29

    511:29 Relief in Equity. – 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.

Source. 1883, 29:1. PS 220:18. PL 332:29. RL 388:29.

Sale of Personal Property Attached

Section 511:30

    511:30 By Consent. – 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.

Source. RS 184:17. CS 195:19. GS 205:19. GL 224:19. PS 220:19. PL 332:30. RL 388:30.

Section 511:31

    511:31 Perishable Goods, etc. – 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 continues and before judgment on which the plaintiff can take execution, may cause the same to be examined in the manner prescribed in RSA 511:32-34.

Source. RS 184:18. CS 195:20. 1861, 2499. GS 205:20. GL 224:20. PS 220:20. PL 332:31. RL 388:31.

Section 511:32

    511:32 Examiners. – 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 for the debtor upon the levy of an execution on real estate.

Source. RS 184:19. CS 195:21. GS 205:21. GL 224:21. PS 220:21. PL 332:32. RL 388:32.

Section 511:33

    511:33 Certificate; Sale. – 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 the same manner as if the parties consented thereto.

Source. RS 184:20. CS 195:22. GS 205:22. GL 224:22. 1879, 57:34. PS 220:22. PL 332:33. RL 388:33.

Section 511:34

    511:34 Application to Court. – 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, after notice to the adverse party, his agent or attorney, make such order for sale as he may deem proper. If a sale is ordered, the officer having the property in his custody shall sell it agreeably to the order.

Source. 1879, 57:34. PS 220:23. PL 332:34. RL 388:34.

Restoration of Attached Property to the Debtor

Section 511:35

    511:35 Appraisers. – 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 case of examiners.

Source. RS 184:21. CS 195:33. GS 205:23. GL 224:23. PS 220:24. PL 332:35. RL 388:35.

Section 511:36

    511:36 Certificate. – 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.

Source. RS 184:22. CS 195:24. GS 205:24. GL 224:24. PS 220:25. PL 332:36. RL 388:36.

Section 511:37

    511:37 Bond. – 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 penalty, with sufficient sureties, conditioned to pay the appraised or agreed value thereof, or so much as may be necessary toward the satisfaction of any executions for the payment of which the property or its proceeds are held.

Source. RS 184:23. CS 195:25. GS 205:25. GL 224:25. PS 220:26. PL 332:37. RL 388:37.

Section 511:38

    511:38 Subsequent Attachments. – 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 officer by writ of replevin.

Source. RS 184:24. CS 195:26. GS 205:26. GL 224:26. PS 220:27. PL 332:38. RL 388:38.

Section 511:39

    511:39 Return. – 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 in which the writ is pending on which the first attachment was made; and such return shall be filed with the writ.

Source. RS 184:25. CS 195:27. 1861, 2499. GS 205:27. GL 224:27. PS 220:28. PL 332:39. RL 388:39.

Bonds Given in Discharge of Attachments

Section 511:40

    511:40 Filing. – 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.

Source. RS 184:25. CS 195:27. GS 205:28. GL 224:28. PS 220:29. PL 332:40. RL 388:40.

Section 511:41

    511:41 Beneficiaries. – 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.

Source. RS 184:26. CS 195:28. GS 205:29. GL 224:29. PS 220:30. PL 332:41. RL 388:41.

Section 511:42

    511:42 Scire Facias. – 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 for the amounts due to them respectively.

Source. RS 184:27. CS 195:29. GS 205:30. GL 224:30. PS 220:31. PL 332:42. RL 388:42.

Section 511:43

    511:43 Debt. – 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 his name to be so indorsed at any time by leave of court.

Source. RS 184:28. CS 195:30. GS 205:31. GL 224:31. PS 220:32. PL 332:43. RL 388:43.

Section 511:44

    511:44 Indorsers. – 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.

Source. RS 184:29. CS 195:31. GS 205:32. GL 224:32. PS 220:33. PL 332:44. RL 388:44.

Dissolution of Attachments

Section 511:45

    511:45 By Judgment, Etc. – 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.

Source. RS 184:30. CS 195:32. GS 205:33. GL 224:33. PS 220:34. PL 332:45. RL 388:45.

Section 511:46

    511:46 By Death of Defendant. – 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.

Source. RS 184:31. CS 195:33. GS 205:34. GL 224:34. 1885, 85:9. PS 220:35. PL 332:46. RL 388:46.

Section 511:47

    511:47 Proceeds of Sale, Etc. – 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 been restored to the debtor on his bond, the bond shall be void.

Source. RS 184:32. CS 195:34. GS 205:35. GL 224:35. PS 220:36. PL 332:47. RL 388:47.

Release of Attachments on Real Estate

Section 511:48

    511:48 Petition; Bond. – 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 hearing, the court may order the petitioner to give bond to the plaintiff, with sufficient sureties, conditioned to pay the judgment which may be recovered by the plaintiff, with his costs on such petition, within 60 days after judgment.

Source. 1879, 57:35. PS 220:37. PL 332:48. RL 388:48. RSA 511:48. 1961, 100:1. 1967, 132:24. 2007, 117:2, eff. June 11, 2007.

Section 511:49

    511:49 Bond; Amount. – 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 petition, within 60 days after judgment.

Source. 1879, 57:35. PS 220:38. PL 332:49. RL 388:49. RSA 511:49. 1961, 100:2, eff. June 19, 1961.

Section 511:50

    511:50 Record. – The petition and proceedings thereon shall be filed with the writ in the action.

Source. 1879, 57:35. PS 220:39. PL 332:50. RL 388:50.

Section 511:51

    511:51 Certificate. – 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.

Source. 1879, 57:35. PS 220:39. PL 332:51. RL 388:51.

Section 511:52

    511:52 Recording Certificate. – 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.

Source. 1879, 57:35. PS 220:39. PL 332:52. RL 388:52.

Limitation of Attachment Lien

Section 511:53

    511:53 Excessive Attachments. – 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 the attachment shall have the burden of proof to show that the attachment is not excessive or unreasonable. If, on hearing, the court shall find that the attachment is excessive or unreasonable under all the circumstances, it shall order the reduction or discharge of the attachment as justice may require. The findings and order of the court under this section shall be inadmissible in evidence for any purpose at any other stage of the cause.

Source. 1953, 124:1. RSA 511:53. 1955, 21:1, eff. Mar. 5, 1955.

Section 511:54

    511:54 Construction. – RSA 511:53 shall be construed as remedial in nature.

Source. 1953, 124:2, eff. April 25, 1953.

Section 511:55

    511:55 Duration of Certain Attachments. –
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 the order in which their attachments were made.
II. An attachment of real estate or of a right or interest therein where there is no judgment involved shall, unless otherwise dissolved, expire by operation of law at the end of 10 years from the date of filing the same in the office of the register of deeds in the county or district where said real estate or some part of it is situated.
III. An attachment of real estate recorded prior to January 1, 1976, shall expire by operation of law on July 1, 1988, unless renewed in the office of the register of deeds in the county or district where the real estate or some part of it is situated prior to that date.
IV. An attachment of personal property or of a right or interest therein where there is no judgment involved shall, unless otherwise dissolved, expire by operation of law at the end of 10 years from the date of filing the same.
V. An attachment of personal property filed prior to July 1, 1992, shall expire by operation of law on July 1, 2002, unless renewed by refiling in the office of the secretary of state prior to that date.

Source. RS 184:33. CS 195:35. GS 205:36. GL 224:36. PS 220:40. PL 332:53. RL 388:53. RSA 511:55. 1961, 100:3. 1963, 214:1. 1975, 105:1. 1987, 45:1. 2001, 102:50, eff. July 1, 2001.

Section 511:56

    511:56 Several Attachments. – 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 his attachment in its order of priority shall be preserved until the expiration of 60 days from the rendition of judgment in the suit wherein the prior attachment was made.

Source. GS 205:37. GL 224:37. PS 220:41. PL 332:54. RL 388:54. RSA 511:56. 1961, 100:4, eff. June 19, 1961.

Section 511:57

    511:57 Proceeds of Sale. – 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 executions are committed, within 60 days after judgment is rendered.

Source. RS 184:34. CS 195:36. GS 205:38. GL 224:38. PS 220:42. PL 332:55. RL 388:55. RSA 511:57. 1961, 100:5, eff. June 19, 1961.

Section 511:58

    511:58 Judgment Nunc Pro Tunc. – 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.

Source. RS 184:35. 1843, 34:16. CS 195:37. GS 205:39. GL 224:39. PS 220:43. PL 332:56. RL 388:56. RSA 511:58. 1961, 100:6, eff. June 19, 1961.

Demand on Receiptor

Section 511:59

    511:59 Absence of Receiptor. – 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 officer, and containing a statement of the kind and amount of property for which the receipt was given, the names of the parties to the writ on which it was attached, and the time when and place where the officer requires it to be delivered. A demand so made shall charge the receiptor as if it were made upon him in person.

Source. 1879, 26:1. PS 220:44. PL 332:57. RL 388:57.

Additional Attachments

Section 511:60

    511:60 Repealed by 1973, 537:3, I, eff. July 2, 1973. –

Section 511:61

    511:61 Repealed by 1973, 537:3, II, eff. July 2, 1973. –