Section 511:46 – By Death of Defendant.
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 – Proceeds of Sale, Etc.
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 […]
Section 511:48 – Petition; Bond.
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 […]
Section 511:49 – Bond; Amount.
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 […]
Section 511:50 – Record.
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 – Certificate.
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 – Recording Certificate.
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.
Section 511:53 – Excessive Attachments.
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 […]
Section 511:39 – Return.
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 […]
Section 511:40 – Filing.
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. […]