TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS

Chapter 512
TRUSTEE PROCESS

Section 512:1

    512:1 Personal Actions. – Any personal action may be begun by trustee process, except actions of replevin.

Source. RS 208:1. CS 221:1. GS 230:1. GL 249:1. PS 245:1. 1921, 53:1. PL 356:1. RL 412:1.

Section 512:2

    512:2 Venue. – Such action shall be brought in the county or judicial district thereof in which it should be brought if no trustee were summoned.

Source. RS 208:2. CS 221:2. GS 230:2. GL 249:2. PS 245:2. PL 356:2. RL 412:2. RSA 512:2. 1992, 284:44, eff. July 1, 1992.

Section 512:3

    512:3 Writ. – The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and estate of the defendant may be attached thereon. Concurrently therewith, the trustee shall be served with a trustee disclosure form in compliance with RSA 512:9-d. The first page of the attachment shall bear a notice in boldface, in at least 12-point type, advising the trustee to complete and file the enclosed disclosure of trustee form with the court, the plaintiff, and the defendant within 30 days of receipt or suffer the risk of default. Return of the trustee disclosure form shall operate as an answer and an appearance on behalf of the trustee. A corporation summoned as trustee may appear and answer through its cashier, treasurer, clerk, or such other officer or employee as it shall appoint.

Source. RS 208:3. CS 221:3. GS 230:3. GL 249:3. PS 245:3. PL 356:3. RL 412:3. 2000, 257:1, eff. Jan. 1, 2001.

Section 512:4

    512:4 Death of Trustee. – If a trustee dies pending the proceedings against him, his executor or administrator may be summoned in as a party, and he shall be liable as if the action had been brought against him as trustee.

Source. RS 208:24. CS 221:24. GS 230:46. GL 249:38. PS 245:4. PL 356:4. RL 412:4.

Section 512:5

    512:5 Nonresident Trustee. – A person doing business in this state and residing outside the state may be summoned upon trustee process by serving the writ upon his clerk or agent having charge of such business, and he may be charged as trustee, as if he were an inhabitant of this state, upon the deposition of such clerk or agent, for any money, goods or chattels of the defendant in his hands or possession in this state or for any rights or credits of the defendant by reason of contracts made or performed within the state.

Source. 1881, 70:1. 1883, 114:1. PS 245:5. PL 356:5. RL 412:5.

Section 512:6

    512:6 Additional Trustees. – The names of any persons may be inserted in the writ as trustees after service thereof upon any other trustee, but not after service upon the defendant, except as provided in RSA 511.

Source. RS 208:4. CS 221:4. GS 230:4. GL 249:4. PS 245:6. PL 356:6. RL 412:6.

Section 512:7

    512:7 Partners. – A partnership shall not be charged as trustee unless the persons summoned are described as partners, nor shall the partners be charged severally unless severally summoned.

Source. GS 230:5. GL 249:5. PS 245:7. PL 356:7. RL 412:7.

Section 512:8

    512:8 Joint Liability. – Two or more trustees otherwise jointly liable may be charged jointly, though severally summoned.

Source. GS 230:6. GL 249:6. PS 245:8. PL 356:8. RL 412:8.

Section 512:9

    512:9 Salary or Wages of State Officials or Employees. – The salary or wages of any state official or employee for services rendered or labor performed for the state before the service of a writ shall be subject to trustee process. The trustee writ shall be served upon the state treasurer, who shall be chargeable as any other trustee; provided, however, that if the writ is duly entered in court, the treasurer shall discharge himself by paying to the clerk of that court such portion of said salary or wages as is due or payable at the time of service of said writ on the treasurer; and provided further that the state treasurer shall not be chargeable unless the writ shall be served upon him before the check for such salary or wages has left his custody.

Source. 1939, 202:1. RL 412:9.

Section 512:9-a

    512:9-a Salary or Wages of County, City, Town, or School District Officials or Employees. – The salary or wages of any county, city, town, or school district official or employee for services rendered or labor performed for the county, city, town, or school district before the service of a writ shall be subject to trustee process. The trustee writ shall be served upon the county, city, town, or school district treasurer who shall be chargeable as any other trustee; provided, however, that if the writ is duly entered in court, the treasurer shall discharge himself by paying to the clerk of that court such portion of said salary or wages as is due or payable at the time of service of said writ on the treasurer; and provided further, that the county, city, town, or school district treasurer shall not be chargeable unless the writ shall be served upon him before the check for such salary or wages has left his custody.

Source. 1959, 102:1. 1965, 171:1, eff. Aug. 21, 1965.

Section 512:9-b

    512:9-b Bank Accounts. – When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service only upon a bank officer, branch supervisor, or head teller of a branch only from 8:00 a.m. to 3:00 p.m., Monday through Friday except bank holidays. The trustee so served shall be chargeable only for any money, goods, chattels, rights, or credits of the defendant in the trustee's hands at the time of service, subject to any reductions due the trustee for account fees, amounts alleged or determined not to belong to the defendant or other priority claims to defendant's money, goods, chattels, rights, or credits. If summoned by service after 3:00 p.m., the trustee shall have until the beginning of the next business day to effect the attachment.

Source. 1963, 321:1. 1965, 79:1. 2000, 257:2, eff. Jan. 1, 2001.

Section 512:9-c

    512:9-c Duties of Trustee. – The trustee so served shall place a hold on money, goods, chattels, rights, or credits of the defendant that are in the trustee's hands at the time of service, but shall have no duty to collect money, goods, chattels, rights, or credits either belonging to the defendant or that may become due or owing the defendant after that time.

Source. 2000, 257:3, eff. Jan. 1, 2001.

Section 512:9-d

    512:9-d Trustee Disclosure Form. – The trustee disclosure form served upon the trustee in compliance with RSA 512:3 shall include only the following interrogatories and nothing more:
"I. On what date were the trustee writ (including attachment and summons) and trustee disclosure form served upon you?";
"II. What money, rights, goods, chattels, and/or credits belonging to or due defendant did you hold at the time of service?";
"III. Are any of the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II subject to reductions for account fees and/or amounts alleged or determined not to belong to the defendant? If so, please state the amount and the basis."; and
"IV. At this time, are you aware whether the money, rights, goods, chattels, and/or credits disclosed by you in response to interrogatory II are subject to priority claims of other people? If so, please state the amount, the basis for the priority claims, and the claimants."

Source. 2000, 257:3, eff. Jan. 1, 2001.

Default of Trustee

Section 512:10

    512:10 Default. – 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.

Source. 1876, 7:1. 1877, 23:1. GL 249:7. PS 245:9. PL 356:9. RL 412:10. 2000, 257:4, eff. Jan. 1, 2001.

Section 512:11

    512:11 Effect. – 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.

Source. RS 208:5. CS 221:5. GS 230:11. GL 249:8. PS 245:10. PL 356:10. RL 412:11. 2000, 257:5, eff. Jan. 1, 2001.

Disclosure, Discontinuance, Etc.

Section 512:12

    512:12 Taking. – 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 payment to the trustee of fees for travel and attendance.

Source. 1876, 7:2. GL 249:9. PS 245:11. PL 356:11. RL 412:12. 2000, 257:6, eff. Jan. 1, 2001.

Section 512:13

    512:13 Depositions. – The depositions of persons other than the trustee may be taken by any party to a suit relative to the liability of the trustee.

Source. 1876, 7:3. GL 249:10. PS 245:12. PL 356:12. RL 412:13.

Section 512:14

    512:14 Corporations, Etc. – 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.

Source. RS 208:23. CS 221:23. GS 230:16. GL 249:11. PS 245:13. PL 356:13. RL 412:14.

Section 512:15

    512:15 Procedure. – In cases under RSA 512:14, like proceedings may be had by or against the corporation or partnership, upon summons or notice to or by such officer, agent or member to give such deposition, and upon their failure or refusal, as in the case of an individual.

Source. GS 230:17. GL 249:12. PS 245:14. PL 356:14. RL 412:15.

Section 512:16

    512:16 Discontinuance. – The plaintiff may, at any time, give notice in writing to the trustee that the action is discontinued against him, and no further proceedings shall be had, except that the trustee shall recover his cost, if any, to that time.

Source. GS 230:18. GL 249:13. PS 245:15. PL 356:15. RL 412:16.

Charging of Trustee

Section 512:17

    512:17 Submitting Deposition. – At the term next after the deposition of the trustee is taken, the deposition shall be submitted unless, for good cause shown, further time is given for taking other depositions.

Source. GS 230:20. GL 249:14. PS 245:16. PL 356:16. RL 412:17.

Section 512:18

    512:18 Jury Trial. – If, by the depositions taken by the plaintiff and trustee, it appears that the trustee denies his liability as claimed by the plaintiff, either of the parties, before a decision of the court, may move for a trial by the jury.

Source. RS 208:28. CS 221:28. GS 230:29. GL 249:23. PS 245:17. PL 356:17. RL 412:18.

Section 512:18-a

    512:18-a Evidentiary Hearing. – If the court receives no objection to a trustee disclosure within 30 days of the date of receipt of such disclosure, the disclosure shall determine the chargeability of the trustee. If the plaintiff or the defendant files a written objection to the trustee disclosure within 30 days of receipt of the trustee's disclosure, or 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 court shall schedule an evidentiary hearing on the extent of the trustee's chargeability.

Source. 2000, 257:7, eff. Jan. 1, 2001.

Section 512:19

    512:19 Issue. – Upon a motion for trial by jury pursuant to RSA 512:18, an issue shall be framed under the direction of the court as to the liability of the trustee, and, upon the trial, the depositions taken by either party may be used as evidence.

Source. RS 208:28. CS 221:28. GS 230:30. GL 249:24. PS 245:18. PL 356:18. RL 412:19.

Section 512:20

    512:20 Charging Trustee. – Upon the filing of trustee disclosure not objected to within 60 days of filing, or, upon the court's decision following an evidentiary hearing on the trustee's chargeability, the court shall charge the trustee for any money, goods, chattels, rights, or credits of the defendant in the trustee's possession at the time of the service of the writ and not exempted from trustee process, or subject to any reductions for account fees, amounts alleged or determined not to belong to the defendant or other priority claims to defendant's money, goods, chattels, rights, or credits.

Source. RS 208:19. CS 221:19. GS 230:28, 31. GL 249:22, 25. PS 245:19. PL 356:19. RL 412:20. 2000, 257:8, eff. Jan. 1, 2001.

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.

Procedure on Disclosure of Promissory Note

Section 512:22

    512:22 Defendant's Deposition. – If the trustee is sought to be charged for a negotiable promissory note or other instrument on which he is liable, made and payable in this state, or the parties to which, at the time of making the same, resided in this state, the plaintiff shall, if practicable, take the deposition of the defendant as to the disposition and ownership thereof.

Source. RS 208:18. CS 221:18. GS 230:21. GL 249:15. PS 245:21. PL 356:21. RL 412:22.

Section 512:23

    512:23 Claimant. – If it appears that a third person has a claim of right to a note or instrument provided for in RSA 512:22, or if it is not practicable to procure the deposition of the defendant as provided for in RSA 512:22, the court may order notice to be given to him personally, if practicable, and by publication or otherwise, to appear and show that the note or instrument was transferred to him in good faith and for a valuable consideration before the service of the writ upon the trustee, or to be forever barred from such claim.

Source. RS 208:18. CS 221:18. GS 230:22. GL 249:16. PS 245:22. PL 356:22. RL 412:23.

Section 512:24

    512:24 Charging. – If it shall not appear that the note was transferred in good faith and for a valuable consideration before the service of the writ upon the trustee, the maker shall be charged as the trustee of the debtor, and the payment of the judgment rendered against him shall be a discharge from the note, or from such part thereof as is equal to the amount so paid by him, and all costs taxed in his favor.

Source. RS 208:19. CS 221:19. GS 230:23. GL 249:17. PS 245:23. PL 356:23. RL 412:24.

Section 512:25

    512:25 Contempt. – If any debtor shall not appear on notice, or shall refuse to testify, he may be punished as for contempt of court.

Source. RS 208:20. CS 221:20. GS 230:24. GL 249:18. PS 245:24. PL 356:24. RL 412:25.

Claimant of Funds or Property

Section 512:26

    512:26 Admitting to Defend. – If by the depositions taken it appears that the property for which the trustee is sought to be charged is claimed by a third person, he shall, on motion and upon such terms as the court may order, be admitted to defend his right, and may offer any evidence in support thereof.

Source. RS 208:22. CS 221:22. GS 230:25. GL 249:19. PS 245:25. PL 356:25. RL 412:26.

Section 512:27

    512:27 Notice. – If a claimant under RSA 512:26 does not appear, the court may order notice to be given to him personally, if practicable, otherwise by publication and in such other manner as the court deems proper, to appear and maintain his claim, or be forever barred therefrom.

Source. RS 208:22. CS 221:22. GS 230:26. GL 249:20. PS 245:26. PL 356:26. RL 412:27.

Section 512:28

    512:28 Procedure. – Any claimant appearing voluntarily or upon notice shall, upon motion and such terms as the court may order, be admitted as a party to maintain his claim, and may move for a trial by jury, and such trial shall be had upon an issue between the plaintiff and the claimant, framed therefor under the direction of the court.

Source. RS 208:18. CS 221:18. GS 230:27. GL 249:21. PS 245:27. PL 356:27. RL 412:28.

Receiver for Property Disclosed

Section 512:29

    512:29 Encumbered Property. – If the trustee is adjudged chargeable for any personal property subject to mortgage, pledge or other lien, the court may appoint a receiver to dispose of the same if more can be obtained for it than the claims upon it.

Source. RS 208:16. CS 221:16. GS 230:33. GL 249:27. PS 245:28. PL 356:28. RL 412:29.

Section 512:30

    512:30 Other Property. – If the trustee is adjudged chargeable for any promissory note or other security for the payment of money or any chose in action upon which an execution cannot be levied, the court may appoint a receiver to collect it.

Source. RS 208:15. CS 221:15. GS 230:34. GL 249:28. PS 245:29. PL 356:29. RL 412:30.

Section 512:31

    512:31 Proceeds. – The proceeds of any property in the hands of a receiver for which the trustee was charged shall be applied, under the direction of the court, after paying costs and charges and prior liens, in satisfaction of the judgment, and any surplus shall be paid to the defendant.

Source. RS 208:15. CS 221:15. GS 230:41. GL 249:35. PS 245:32. PL 356:30. RL 412:31.

Section 512:32

    512:32 Refusal to Deliver. – If the trustee refuses to deliver to a receiver appointed under RSA 512:29 or RSA 512:30 any note, security for money, evidence of debt, chose in action or other property, on the grounds that such property is not subject to trustee process, the court shall schedule an evidentiary hearing to determine the validity of such refusal. If, after the evidentiary hearing, the court determines that the property is subject to trustee process and orders the trustee to deliver the property, the trustee shall be adjudged chargeable for the value thereof.

Source. RS 208:14. CS 221:14. GS 230:35. GL 249:29. PS 245:30. PL 356:31. RL 412:32. 2000, 257:9, eff. Jan. 1, 2001.

Section 512:33

    512:33 Retention by Trustee. – The trustee adjudged chargeable shall retain in his hands the sum or articles other than those for which a receiver is appointed, for which he is so charged, until demanded of him upon execution issued in the suit, or until the suit is otherwise terminated.

Source. GS 230:36. GL 249:30. PS 245:31. PL 356:32. RL 412:33.

Execution

Section 512:34

    512:34 Chattels. – If the trustee is adjudged chargeable for any specific articles in his possession or which he is under contract to deliver to the defendant, the execution which may issue against the defendant shall contain a precept to levy the same thereon, and the officer may demand, receive and sell the same upon such execution.

Source. GS 230:38. GL 249:32. PS 245:33. PL 356:33. RL 412:34.

Section 512:35

    512:35 Refusal to Deliver Articles. – If the trustee neglects or refuses to deliver the articles to the officer having the execution on request, execution shall be issued against him, upon notice, as for his own debt, for the value thereof, such damages as the court may order, and costs.

Source. RS 208:14. CS 221:14. GS 230:39. GL 249:33. PS 245:34. PL 356:34. RL 412:35.

Section 512:36

    512:36 Money Due. – When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant for any balance.

Source. RS 208:5. CS 221:5. GS 230:40. GL 249:34. PS 245:35. PL 356:35. RL 412:36.

Section 512:37

    512:37 Stay of Proceedings. – If the trustee is adjudged chargeable for any liability not due or payable, or other cause for delay exists, execution or other proceedings in relation thereto may be stayed as equity requires.

Source. RS 208:10. CS 221:10. GS 230:45. GL 249:37. PS 245:36. PL 356:36. RL 412:37.

Effect of Satisfaction of Judgment by Trustee, Discharge of Trustee

Section 512:38

    512:38 Payment by Trustee. – Upon payment or delivery by the trustee of any money or other property for which he is charged according to the provisions of this chapter, he shall be discharged of all claim of the defendant for the same, and in any suit therefor he may give the special matter in evidence under the general issue.

Source. RS 208:38. CS 221:38. GS 230:50. GL 249:43. PS 245:37. PL 356:37. RL 412:38.

Section 512:39

    512:39 Paying Into Court. – The defendant or trustee may discharge the liability of the trustee by paying into court the sum for which the trustee is charged. Payment into court by the trustee shall discharge the trustee as a party to the underlying lawsuit.

Source. GS 230:37. GL 249:31. PS 245:38. PL 356:38. RL 412:39. 2000, 257:10, eff. Jan. 1, 2001.

Section 512:40

    512:40 Bond. – A defendant whose rights, credits or other things are attached upon trustee process may apply to the court for a release of the attachment. The court, after reasonable notice to the parties, may order the petitioner to give to the plaintiff a sufficient bond, conditioned to pay the plaintiff within 30 days after judgment any sum and the value of any specific articles with which the trustee is chargeable, not exceeding the amount of the plaintiff's judgment. The giving of such bond shall operate as a release of the attachment. The value of such specific articles shall be estimated by the court, or under its direction.

Source. GS 230:37. GL 249:31. 1879, 57:35. PS 245:39. PL 356:39. RL 412:40. RSA 512:40. 1967, 132:26, eff. July 18, 1967.

Costs

Section 512:41

    512:41 Trustee's Costs. – If, upon the verdict of a jury, the trustee is adjudged chargeable for a greater sum or for other property than he would have been chargeable for upon his deposition, he shall pay costs; otherwise, he shall recover costs.

Source. RS 208:29. CS 221:29. GS 230:32. GL 249:26. PS 245:40. PL 356:40. RL 412:41.

Section 512:42

    512:42 Fraud. – When it appears that the trustee has received the property of the defendant, or a conveyance or bill of sale thereof, in trust for the defendant, or by absolute conveyance with a secret trust, or has done any other act in relation thereto with intent to aid him in defeating or delaying a creditor, costs shall be taxed against the trustee.

Source. RS 208:33, 34. CS 221:33, 34. GS 230:43. GL 249:36. PS 245:41. PL 356:41. RL 412:42.

Section 512:43

    512:43 Order of Court. – The trustee shall recover the trustee's costs in all cases from the plaintiff except as provided in this chapter, unless otherwise ordered by the court, and the court shall adjust all costs in matters relating to trustee process as between the plaintiff and trustee or any claimant of property in the hands of the trustee as shall seem equitable. Such costs shall be retained by the trustee from the amount chargeable.

Source. RS 208:22, 35. CS 221:22, 35. GS 230:42, 44. 1876, 7:5. GL 249:49. PS 245:42. PL 356:42. RL 412:43. 2000, 257:11, eff. Jan. 1, 2001.

Section 512:44

    512:44 On Settlement Before Service Date. – In all cases where suit is brought and the personal earnings of the defendant are held under the trustee process, and a settlement of the action is made, or tendered, by the defendant or by some other person in his or her behalf prior to the service date specified by the court on the summons, the following items of costs, and no more, shall be chargeable to the defendant: The fees of the officer serving the writ as fixed by law and $1 for the writ.

Source. 1913, 62:1. PL 356:43. RL 412:44. 2014, 204:35, eff. July 11, 2014.

Section 512:45

    512:45 Penalty for Excessive Costs. – If any person shall demand or receive from a defendant in connection with the settlement of any trustee suit any sum of money or other thing of value in excess of the provisions of RSA 512:44 he shall be guilty of a violation.

Source. 1913, 62:2. PL 356:44. RL 412:45. RSA 512:45. 1973, 531:149, eff. Oct. 31, 1973 at 11:59 p.m.

General Provisions

Section 512:46

    512:46 Depositions as Evidence. – No deposition taken under the provisions of this chapter shall be evidence upon any criminal prosecution, except upon an indictment of the deponent for perjury therein.

Source. RS 208:21. CS 221:21. GS 230:54. GL 249:47. PS 245:43. PL 356:45. RL 412:46.

Section 512:47

    512:47 Rules. – The superior court, acting as a body, may make and establish such rules and orders as may be necessary and convenient to carry into effect the provisions of this chapter.

Source. 1876, 7:5. GL 249:50. PS 245:44. PL 356:46. RL 412:47. 1951, 221:16, eff. Aug. 15, 1951.

Trustee Process in Municipal Courts

Section 512:48

    512:48 Application of Provisions. – The provisions of this chapter, so far as they are applicable to actions in municipal and district courts, shall apply to actions and proceedings therein and to process issued therefrom.

Source. RS 208:39. CS 221:39. GS 230:51. 1878, 11:1. GL 249:44. PS 245:45. PL 356:47. RL 412:48. RSA 512:48. 1957, 244:30. 2000, 257:12, eff. Jan. 1, 2001.

Section 512:49

    512:49 Trustee in Other County. – When any trustee in a writ issued by a municipal court resides in another county, the writ and any execution issued thereon against such trustee shall be directed to the sheriff of any county or his deputy, or to any constable of the town in which the trustee resides.

Source. RS 208:40. CS 221:40. GS 230:52. GL 249:45. PS 245:46. PL 356:48. RL 412:49. RSA 512:49. 1957, 244:31, eff. Sept. 27, 1957.

Section 512:50

    512:50 Bond. – In a case under RSA 512:49, the plaintiff shall file with the municipal court a bond to the trustee, in a sum and with sureties to the acceptance of the court, conditioned to pay the costs which the trustee may recover, and a memorandum of the filing of such bond shall be made and signed by the justice or clerk of the municipal court, on the writ, before service thereof on the trustee.

Source. RS 208:41. CS 221:41. GS 230:53. GL 249:46. PS 245:47. PL 356:49. RL 412:50. RSA 512:50. 1957, 244:32, eff. Sept. 23, 1957.