Section 511:26 – Interest Attachable.
511:26 Interest Attachable. – Any personal property not exempt from attachment, subject to a mortgage, pledge, security interest or lien, may be attached as the property of the mortgagor, pledgor, debtor, or general owner, the attaching creditor or officer paying or tendering to the mortgagee, pledgee, secured party or holder the amount for which […]
Section 511:27 – Account.
511:27 Account. – The creditor or officer may demand of the mortgagee, pledgee, secured party, or holder an account, on oath, of the amount due upon the debt or demand secured by such mortgage, pledge, security interest or lien, and the officer may retain the property in his custody, without tender or payment, until […]
Section 511:28 – Refusal.
511:28 Refusal. – If the account is not given within 15 days after demand, or if a false account is given, the property shall be held discharged from such mortgage, pledge, security interest or lien. Source. RS 184:16. CS 195:18. GS 205:18. GL 224:18. 1883, 29:1. PS 220:18. PL 332:28. RL 388:28. RSA 511:28. […]
Section 511:29 – Relief in Equity.
511:29 Relief in Equity. – Any person who fails to render an account or a true account may be relieved upon a bill in equity whenever it shall appear that such failure was caused by fraud, accident, mistake or misfortune, and that such relief would be just and equitable. Source. 1883, 29:1. PS 220:18. […]
Section 511:30 – By Consent.
511:30 By Consent. – Personal property attached shall be sold by the officer before judgment, if the parties consent thereto in writing. The sale shall be made in the same manner as sales of property taken on execution, unless a different mode is agreed to by the parties. Source. RS 184:17. CS 195:19. GS […]
Section 511:31 – Perishable Goods, etc.
511:31 Perishable Goods, etc. – When living animals, or goods liable to perish or waste or to be greatly reduced in value by keeping, or which cannot be kept without great expense, are attached, and the parties do not consent to a sale, the officer, on application of either of the parties, while the […]
Section 511:32 – Examiners.
511:32 Examiners. – Three disinterested persons conversant with the nature and value of such property shall be appointed, one by the officer, one by the creditor and one by the debtor. The officer shall appoint an examiner for the creditor or debtor in any case where he might appoint an appraiser for the debtor […]
Section 511:33 – Certificate; Sale.
511:33 Certificate; Sale. – The persons so appointed, being sworn to the faithful discharge of their duties, shall examine the property and decide what part of it is such as is described in RSA 511:31 and certify the same to the officer, and he shall thereupon advertise and sell the property so certified in […]
Section 511:21 – Pews.
511:21 Pews. – Pews or seats in a meetinghouse or a place of public worship shall be deemed personal property, and may be attached by leaving an attested copy of the writ and of the officer’s return thereon with the town clerk of the town in which the meetinghouse is located. Source. RS 184:12. […]
Section 511:21-a – Corporate Securities.
511:21-a Corporate Securities. – A security may be attached or levied upon as provided in RSA 382-A:8-112. Whenever jurisdiction exists over the person of a debtor who owns a security and the sheriff or deputy to whom a creditor has delivered process for the attachment of or levy upon such security is unable to […]