Section 512:36 – Money Due.
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 […]
Section 512:37 – Stay of Proceedings.
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.
Section 512:38 – Payment by Trustee.
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 […]
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 512:26 – Admitting to Defend.
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 […]
Section 512:27 – Notice.
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. […]
Section 512:28 – Procedure.
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 […]
Section 512:29 – Encumbered Property.
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 […]