512:27 Notice. – If a claimant under RSA 512:26 does not appear, the court may order notice to be given to him personally, if practicable, otherwise by publication and in such other manner as the court deems proper, to appear and maintain his claim, or be forever barred therefrom. Source. RS 208:22. CS 221:22. […]
512:28 Procedure. – Any claimant appearing voluntarily or upon notice shall, upon motion and such terms as the court may order, be admitted as a party to maintain his claim, and may move for a trial by jury, and such trial shall be had upon an issue between the plaintiff and the claimant, framed […]
512:29 Encumbered Property. – If the trustee is adjudged chargeable for any personal property subject to mortgage, pledge or other lien, the court may appoint a receiver to dispose of the same if more can be obtained for it than the claims upon it. Source. RS 208:16. CS 221:16. GS 230:33. GL 249:27. PS […]
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 […]
512:30 Other Property. – If the trustee is adjudged chargeable for any promissory note or other security for the payment of money or any chose in action upon which an execution cannot be levied, the court may appoint a receiver to collect it. Source. RS 208:15. CS 221:15. GS 230:34. GL 249:28. PS 245:29. […]
512:31 Proceeds. – The proceeds of any property in the hands of a receiver for which the trustee was charged shall be applied, under the direction of the court, after paying costs and charges and prior liens, in satisfaction of the judgment, and any surplus shall be paid to the defendant. Source. RS 208:15. […]
512:32 Refusal to Deliver. – If the trustee refuses to deliver to a receiver appointed under RSA 512:29 or RSA 512:30 any note, security for money, evidence of debt, chose in action or other property, on the grounds that such property is not subject to trustee process, the court shall schedule an evidentiary hearing […]
512:33 Retention by Trustee. – The trustee adjudged chargeable shall retain in his hands the sum or articles other than those for which a receiver is appointed, for which he is so charged, until demanded of him upon execution issued in the suit, or until the suit is otherwise terminated. Source. GS 230:36. GL […]
512:34 Chattels. – If the trustee is adjudged chargeable for any specific articles in his possession or which he is under contract to deliver to the defendant, the execution which may issue against the defendant shall contain a precept to levy the same thereon, and the officer may demand, receive and sell the same […]
512:35 Refusal to Deliver Articles. – If the trustee neglects or refuses to deliver the articles to the officer having the execution on request, execution shall be issued against him, upon notice, as for his own debt, for the value thereof, such damages as the court may order, and costs. Source. RS 208:14. CS […]
512:36 Money Due. – When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant […]
512:37 Stay of Proceedings. – If the trustee is adjudged chargeable for any liability not due or payable, or other cause for delay exists, execution or other proceedings in relation thereto may be stayed as equity requires. Source. RS 208:10. CS 221:10. GS 230:45. GL 249:37. PS 245:36. PL 356:36. RL 412:37.
512:38 Payment by Trustee. – Upon payment or delivery by the trustee of any money or other property for which he is charged according to the provisions of this chapter, he shall be discharged of all claim of the defendant for the same, and in any suit therefor he may give the special matter […]
512:39 Paying Into Court. – The defendant or trustee may discharge the liability of the trustee by paying into court the sum for which the trustee is charged. Payment into court by the trustee shall discharge the trustee as a party to the underlying lawsuit. Source. GS 230:37. GL 249:31. PS 245:38. PL 356:38. […]
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. […]
512:40 Bond. – A defendant whose rights, credits or other things are attached upon trustee process may apply to the court for a release of the attachment. The court, after reasonable notice to the parties, may order the petitioner to give to the plaintiff a sufficient bond, conditioned to pay the plaintiff within 30 […]
512:41 Trustee’s Costs. – If, upon the verdict of a jury, the trustee is adjudged chargeable for a greater sum or for other property than he would have been chargeable for upon his deposition, he shall pay costs; otherwise, he shall recover costs. Source. RS 208:29. CS 221:29. GS 230:32. GL 249:26. PS 245:40. […]
512:42 Fraud. – When it appears that the trustee has received the property of the defendant, or a conveyance or bill of sale thereof, in trust for the defendant, or by absolute conveyance with a secret trust, or has done any other act in relation thereto with intent to aid him in defeating or […]
512:43 Order of Court. – The trustee shall recover the trustee’s costs in all cases from the plaintiff except as provided in this chapter, unless otherwise ordered by the court, and the court shall adjust all costs in matters relating to trustee process as between the plaintiff and trustee or any claimant of property […]
512:44 On Settlement Before Service Date. – In all cases where suit is brought and the personal earnings of the defendant are held under the trustee process, and a settlement of the action is made, or tendered, by the defendant or by some other person in his or her behalf prior to the service […]
