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.
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.
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 […]
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. […]
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 […]
512:13 Depositions. – The depositions of persons other than the trustee may be taken by any party to a suit relative to the liability of the trustee. Source. 1876, 7:3. GL 249:10. PS 245:12. PL 356:12. RL 412:13.
512:14 Corporations, Etc. – If a corporation or partnership is summoned as trustee, the deposition of the cashier, treasurer or other proper officer or agent of the corporation, or of a member of the partnership, may be taken as the deposition of the trustee. Source. RS 208:23. CS 221:23. GS 230:16. GL 249:11. PS […]
512:15 Procedure. – In cases under RSA 512:14, like proceedings may be had by or against the corporation or partnership, upon summons or notice to or by such officer, agent or member to give such deposition, and upon their failure or refusal, as in the case of an individual. Source. GS 230:17. GL 249:12. […]
512:16 Discontinuance. – The plaintiff may, at any time, give notice in writing to the trustee that the action is discontinued against him, and no further proceedings shall be had, except that the trustee shall recover his cost, if any, to that time. Source. GS 230:18. GL 249:13. PS 245:15. PL 356:15. RL 412:16.
512:17 Submitting Deposition. – At the term next after the deposition of the trustee is taken, the deposition shall be submitted unless, for good cause shown, further time is given for taking other depositions. Source. GS 230:20. GL 249:14. PS 245:16. PL 356:16. RL 412:17.
512:18 Jury Trial. – If, by the depositions taken by the plaintiff and trustee, it appears that the trustee denies his liability as claimed by the plaintiff, either of the parties, before a decision of the court, may move for a trial by the jury. Source. RS 208:28. CS 221:28. GS 230:29. GL 249:23. […]
512:18-a Evidentiary Hearing. – If the court receives no objection to a trustee disclosure within 30 days of the date of receipt of such disclosure, the disclosure shall determine the chargeability of the trustee. If the plaintiff or the defendant files a written objection to the trustee disclosure within 30 days of receipt of […]
512:19 Issue. – Upon a motion for trial by jury pursuant to RSA 512:18, an issue shall be framed under the direction of the court as to the liability of the trustee, and, upon the trial, the depositions taken by either party may be used as evidence. Source. RS 208:28. CS 221:28. GS 230:30. […]
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.
512:20 Charging Trustee. – Upon the filing of trustee disclosure not objected to within 60 days of filing, or, upon the court’s decision following an evidentiary hearing on the trustee’s chargeability, the court shall charge the trustee for any money, goods, chattels, rights, or credits of the defendant in the trustee’s possession at the […]
512:21 List of Exemptions. – The money, rights, and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefor: I. Wages for labor performed by the defendant after the service of the writ upon the trustee. II. Except as otherwise provided in […]
512:22 Defendant’s Deposition. – If the trustee is sought to be charged for a negotiable promissory note or other instrument on which he is liable, made and payable in this state, or the parties to which, at the time of making the same, resided in this state, the plaintiff shall, if practicable, take the […]
512:23 Claimant. – If it appears that a third person has a claim of right to a note or instrument provided for in RSA 512:22, or if it is not practicable to procure the deposition of the defendant as provided for in RSA 512:22, the court may order notice to be given to him […]
512:24 Charging. – If it shall not appear that the note was transferred in good faith and for a valuable consideration before the service of the writ upon the trustee, the maker shall be charged as the trustee of the debtor, and the payment of the judgment rendered against him shall be a discharge […]
512:25 Contempt. – If any debtor shall not appear on notice, or shall refuse to testify, he may be punished as for contempt of court. Source. RS 208:20. CS 221:20. GS 230:24. GL 249:18. PS 245:24. PL 356:24. RL 412:25.
512:26 Admitting to Defend. – If by the depositions taken it appears that the property for which the trustee is sought to be charged is claimed by a third person, he shall, on motion and upon such terms as the court may order, be admitted to defend his right, and may offer any evidence […]