TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS

Chapter 511-A
PRE-JUDGMENT ATTACHMENT PROCEDURE

Section 511-A:1

    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 to pre-judgment attachments, except as provided in RSA 676:17.

Source. 1973, 537:1. 1975, 428:4. 1985, 210:1, eff. Jan. 1, 1986 at 12:01 a.m. 2014, 194:4, eff. July 1, 2015.

Section 511-A:2

    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, which shall read substantially as follows:
I. The plaintiff intends to attach the defendant's real estate, property, goods, rights or credits, to secure any judgment or decree which may be obtained on the action or suit.
II. The defendant may object to the making of such attachments and is entitled to a hearing thereon.
III. If the defendant desires to object to the making of attachments, such objection shall be made on or before the return date of such writ or orders of notice.
IV. If the defendant fails to object by such return date, he will be deemed to have waived his objections.

Source. 1973, 537:1. 2014, 194:5, eff. July 1, 2015.

Section 511-A:3

    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 judgment including interest and costs on any amount equal to or greater than the amount of the attachment. Upon satisfying said burden, the plaintiff shall be entitled to the attachment unless the defendant establishes to the satisfaction of the court that his assets will be sufficient to satisfy such judgment with interest and costs if the plaintiff recovers same. Such hearings shall not be bound by the rules of evidence. The court may appoint such masters, referees or magistrates as may be necessary to conduct such hearings.

Source. 1973, 537:1. 1977, 519:1, eff. Sept. 13, 1977.

Section 511-A:4

    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 seller with allowable interest and costs.

Source. 1973, 537:1.

Section 511-A:5

    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 trustee, such order shall be served upon the trustee in such manner as may be prescribed by rules of the superior court. Such attachments shall be effective against any trustee, the defendant and all others, except bona fide purchasers for value, as of the time of service or as ordered by the court. Such attachments shall not be effective against bona fide purchasers for value until attachments of real estate have been recorded in the registry of deeds for the county or counties in which the real estate lies or until other attachments are filed with the secretary of state. Fees payable for such recordings or filings shall be in accordance with RSA 478:17-g. As between attaching creditors, all attachments made in conformity with this chapter shall have priority in the order of service of notice on the defendant as provided by RSA 511-A:2.

Source. 1973, 537:1. 1975, 428:1. 2001, 102:51, eff. July 1, 2001.

Section 511-A:5-a

    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.

Section 511-A:6

    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 deemed to be a creditor whose claim has not matured, within the meaning of RSA 545:10. In any proceeding brought by the plaintiff under RSA 545:10, the burden shall be upon the defendant to show that any conveyance made or obligation incurred by him during this period was not made to hinder or impede collection of any judgment.

Source. 1973, 537:1.

Section 511-A:7

    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.

Section 511-A:8

    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 of any of the following:
I. There is substantial danger the property sought to be attached will be damaged, destroyed, concealed, or removed from the state and placed beyond the attachment jurisdiction of the court.
II. An attachment is necessary to vest quasi in rem jurisdiction of the court.
III. In equity cases for specific performance of an agreement to transfer land or a unique chattel, there is imminent danger of transfer to a bona fide third party. In such land cases, as well as those to perfect a labor and materials lien under RSA 447, a writ of attachment may be filed at a registry of deeds without prior application and notice, provided said writ is in the form of a lis pendens and specifically restricts its application to the particular real estate described in the writ and the return of attachment.
IV. An attachment is necessary to prevent the absolute vesting of title in a purchaser upon the imminent expiration of the notice period under a bulk sale.
V. When necessary to secure an important governmental or general public interest, or when other exceptional circumstances are established to the satisfaction of the court.
In all cases of attachment made ex parte the court may impose reasonable conditions thereon and a hearing shall be granted as promptly as possible upon the subsequent request of a defendant.

Source. 1973, 537:1.

Section 511-A:9

    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.

Section 511-A:10

    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.

Section 511-A:11

    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 was filed or recorded. The fees for filing or recording such discharges shall be in accordance with RSA 478:17-g.

Source. 2001, 102:52, eff. July 1, 2001.

Section 511-A:12

    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, 272:27, eff. Oct. 1, 2015.