Section 512:39 – Paying Into Court.
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. […]
Section 512:40 – Bond.
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 […]
Section 512:41 – Trustee’s Costs.
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. […]
Section 512:42 – Fraud.
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 […]
Section 512:43 – Order of Court.
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 […]
Section 512:44 – On Settlement Before Service Date.
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 […]
Section 512:30 – Other Property.
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. […]
Section 512:31 – Proceeds.
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. […]
Section 512:32 – Refusal to Deliver.
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 […]
Section 512:33 – Retention by Trustee.
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 […]