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 […]
536-A:10 Property Within a Building. – If the property or any part thereof is in a building or enclosure, the levying officer shall demand its delivery, announcing his identity, purpose, and the authority under which he acts. If the property is not voluntarily delivered, he shall cause the building or enclosure to be broken […]
536-A:11 Service. – The levying officer shall, without delay, serve upon the defendant a copy of the writ of replevin and written undertaking, the complaint and affidavit, by delivering the same to him personally, if he can be found, or to his agent from whose possession the property is taken; or, if neither can […]
536-A:12 Ex Parte Issuance of Writ. – Upon specific request of the applicant and examination of the complaint and affidavit and such other evidence or testimony as the judge may thereupon require, a writ of replevin may be issued prior to hearing, if probable cause appears that any of the following exist: I. The […]
536-A:13 Shortened Hearing. – Where a writ of replevin has been issued ex parte and prior to hearing, the defendant or other person from whom possession of such property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause; and the court […]
536-A:14 Retention of Property Upon Filing Security. – I. At any time prior to the hearing of the order to show cause, or before the delivery of the property to the plaintiff, the defendant may require the return thereof upon filing with the court a written undertaking executed by the defendant and secured by […]
536-A:15 Officer Exempt From Liability. – Any officer shall be exempt from liability to any person when acting in the proper performance of the directions of the court issued hereunder. He may require advance payment from a party of his costs of repossession and storage reasonably to be anticipated and, in any event, shall […]
536-A:16 Delivery of Possession. – When the levying officer has taken property as provided in this chapter, he shall keep it in a secure place and deliver it to the party preliminarily determined to be entitled thereto, upon receiving his fees for taking and his necessary expenses for keeping the same, after expiration of […]
536-A:17 Return. – The levying officer shall return the writ of replevin, with his proceedings thereon, to the court in which the action is pending, within twenty days after taking the property mentioned in the writ. Source. 1973, 467:1, eff. Aug. 29, 1973.
536-A:18 Judgment for Defendant. – If the defendant shall prevail, he shall have judgment for the return of such personal property or part thereof, if he so elects, as remains in the possession of the applicant and such further damages as may be awarded him. Source. 1973, 467:1, eff. Aug. 29, 1973.
536-A:19 Contempt. – The provisions of this chapter shall apply to all cases of wrongful detention, including property attached in other actions of replevin or pursuant to other process of law and may be initiated at any stage of the proceedings and any violation of orders of the court issued hereunder may be punished […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]