TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS

CHAPTER 512
TRUSTEE PROCESS

Exemption From Trustee Process

Section 512:21

    512:21 List of Exemptions. –
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 provided in paragraph X of this section, wages of the defendant earned before the service of the writ upon the trustee shall be exempt except in actions founded upon a debt on a judgment issued by a New Hampshire court of competent jurisdiction. In such case, the wages of the defendant earned before the service of a writ upon the trustee founded upon a debt on a judgment to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act for each week shall be exempt. The employer shall pay said exempted amount to the employee on the usual payday unless other cause exists prohibiting such payment.
III. Wages for the personal services and earnings of the wife and minor children of the defendant.
IV. Any pension or bounty money of the defendant allowed by any law of the United States before it has come into his actual possession.
V. Funds held by the trustee in the capacity of clerk, cashier, or other employee of the defendant which were received in the ordinary course of such employment.
VI. Fees due to the defendant for attendance at court as a juror or witness.
VII. Damages recovered for the conversion of property exempt from attachment.
VIII. Money, rights, and credits of the defendant in the hands of any insurance company or its agents whenever the same is due on account of the loss of, or damage by fire to, any property which by the laws of this state was exempt from attachment or levy on execution; provided, that whenever a building or structure so damaged or destroyed was a part of the homestead, only so much of the amount due therefor shall be exempt as, together with the value of the part of the homestead remaining, if any, shall equal the sum of $5,000.
IX. Wages of the defendant earned before the service of the writ upon the trustee, to the amount of $50 for each week, shall be exempt in any action founded upon any loan contract subject to the provisions of RSA 399-A.
X. Wages of the defendant earned before service of the writ upon the trustee if the defendant is a married woman and the action is founded upon any loan contract subject to the provisions of RSA 399-A on which her husband is or was at any time an obligor, jointly or severally, contingently or otherwise.
XI. Money, rights, and credits of the defendant deposited in any account designated as a payroll account.

Source. 1857, 1956:1. 1860, 2358:1. RS 208:9. CS 221:9. 1866, 4233:1. GS 230:47, 48, 49. 1877, 16:1. GL 249:39, 40, 42. 1879, 57:33. PS 245:20. 1899, 27:1. 1901, 55:1. PL 356:20. 1927, 30:1. RL 412:21. 1943, 30:1. 1953, 159:1. RSA 512:21. 1957, 55:1. 1961, 245:4, 5. 1967, 228:1, 2. 1969, 373:1; 446:1. 2004, 52:1, eff. Jan. 1, 2005.