Section 536-A:4 – Temporary Restraining Order.
536-A:4 Temporary Restraining Order. – Such preliminary notice issued pursuant to RSA 536-A:3 shall include a temporary order restraining the defendant from removing the property from the state or otherwise from its location, or transferring, selling, pledging, assigning or otherwise altering, damaging, disposing of, or permitting it to become subject to a security interest […]
Section 536-A:5 – Show Cause Hearing.
536-A:5 Show Cause Hearing. – If the defendant fails to appear at the preliminary hearing, a writ of replevin shall issue. Otherwise, upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is […]
Section 536-A:6 – Entry of Private Premises.
536-A:6 Entry of Private Premises. – A writ of replevin shall not issue to enter the private premises or a building for the purpose of seizure of property unless the court shall first determine from competent evidence that there is probable cause to believe that the property or some part thereof is located on […]
Section 536-A:7 – Security.
536-A:7 Security. – I. A writ of replevin shall not issue at any stage of the proceedings until the applicant has filed with the court a written undertaking executed by the applicant and secured by a proper assignment or conveyance of one or more sufficient securities, approved by the court, in an amount of […]
Section 536-A:8 – Writ Content.
536-A:8 Writ Content. – The writ of replevin shall be directed to a sheriff, constable, or police officer within whose jurisdiction the property is located. It shall describe the specific property to be seized, and shall specify the location or locations where, as determined by the court from all the evidence, there is probable […]
Section 536-A:9 – Powers of Officer.
536-A:9 Powers of Officer. – The levying officer shall forthwith take the property, if it be in the possession of the defendant or his agent, and retain it in his custody, either by removing the property to a place of safekeeping or, upon good cause shown, by installing a keeper. Provided that, when the […]
Section 536-A:1 – Personal Property.
536-A:1 Personal Property. – A party may recover possession of personal property wrongfully taken or detained by applying to the superior court, or concurrently to a district court where the value of the property is within the jurisdictional amount of a district court, for a writ of replevin in accordance with the provisions of […]
Section 536-A:2 – Complaint.
536-A:2 Complaint. – The complaint or application shall be executed under penalties of perjury or be verified by oath and shall state: I. That the applicant is the owner of the property claimed or entitled to the possession thereof and the source of such title or right and shall attach thereto a copy of […]
Section 536-A:3 – Preliminary Notice to Show Cause.
536-A:3 Preliminary Notice to Show Cause. – The court shall, without delay, issue an order directed to the defendant to show cause why the property should not be taken from the defendant and delivered to the applicant. Such order shall fix the date and time for the hearing thereon, which ordinarily shall be no […]