511-A:1 Pre-Judgment Attachments; Limitation. – In civil actions in which pre-judgment attachment is authorized, except as otherwise provided in replevin actions, a defendant shall be given notice and an opportunity for a preliminary hearing before any pre-judgment attachment, including attachments of property held by a trustee, shall be made. This chapter shall apply only […]
511-A:10 Court Rules and Regulations. – The supreme court may adopt forms and enact rules and regulations, including, but not limited to, administrative provisions which will facilitate the implementation of this chapter. Source. 1973, 537:1. 2009, 302:10, eff. July 31, 2009.
511-A:11 Release of Attachment. – When an attachment is dissolved or released, by judgment or otherwise, the plaintiff or the plaintiff’s attorney, upon request, shall give to the defendant or owner of the property attached one or more discharges thereof, which may be filed or recorded in the office or offices where the attachment […]
511-A:12 Prohibition Against Pre-Judgment Attachment Against a Bank or Credit Union. – No attachment shall be issued against a bank, as defined in RSA 383-A:2-201(a)(3), a credit union, as defined in RSA 383-A:2-201(a)(15), or property of a bank or credit union before final judgment in any suit, action or proceeding is rendered. Source. 2015, […]
511-A:2 Notice of Intent. – In civil actions or suits in equity in which the plaintiff is authorized to make pre-judgment attachments, the plaintiff shall cause to be served on the defendant and to be simultaneously filed with the court a notice, which shall be incorporated prominently in the writ or order of notice, […]
511-A:3 Hearing by Court. – When a defendant objects to the making of attachments, the court shall set a hearing on such objection within 14 days of the receipt of such objection. Upon hearing, the burden shall be upon the plaintiff to show that there is a reasonable likelihood that the plaintiff will recover […]
511-A:4 Order of the Court. – If a defendant fails to request a hearing or upon a finding by the court as provided, the court shall issue an order of attachment in such form and to the extent reasonably necessary to secure any judgment or decree which the plaintiff is likely to obtain, to […]
511-A:5 Filing Attachments. – The order of the court may be filed with the register of deeds as to real estate or with the secretary of state as to personal property, by the plaintiff or his attorney, without further notice to the defendant. Where notice of such order needs to be given to any […]
511-A:5-a Additional Service Not Required. – Notwithstanding any other provision of law, no additional service upon the defendant shall be required in order to perfect an attachment, provided that a notice of intent has been served upon the defendant as provided in RSA 511-A:2. Source. 1977, 519:3, eff. Sept. 13, 1977.
511-A:6 Fraudulent Conveyance. – From and after service of the notice provided by RSA 511-A:2 and until the entry of an order by the court as provided by RSA 511-A:4, the defendant shall be deemed to be a person about to incur debts within the meaning of RSA 545:6 and the plaintiff shall be […]
511-A:7 New or Additional Attachment. – At any time after the institution of an action, the plaintiff may, upon notice to the defendant, move for leave to make new or additional attachments, in which event there shall be a hearing and determination as provided in RSA 511-A:3. Source. 1973, 537:1.
511-A:8 Exceptions Prior to Hearing. – Upon application to the court, in exceptional circumstances, an attachment may be ordered in advance of notice to the defendant if the plaintiff establishes probable cause to the satisfaction of the court of his basic right to recovery and the amount thereof and in addition thereto the existence […]
511-A:9 Other Procedures. – Once an order of the court has been made in conformance with the provisions of this chapter, all other statutory process shall prevail. Source. 1973, 537:1.
