Section 512:9-b – Bank Accounts.
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 […]
Section 512:9-c – Duties of Trustee.
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 […]
Section 512:9-d – Trustee Disclosure Form.
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 […]
Section 512:10 – Default.
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 […]
Section 512:11 – Effect.
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. […]
Section 512:12 – Taking.
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 […]
Section 512:1 – Personal Actions.
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 – Venue.
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 – Writ.
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 […]
Section 512:4 – Death of Trustee.
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. […]