Chapter 524

Section 524:1

    524:1 Repealed by 1963, 293:2, eff. July 3, 1963. –

Section 524:1-a

    524:1-a Interest to be Added. – In the absence of a demand prior to the institution of suit, in any action on a debt or account stated or where liquidated damages are sought, interest shall commence to run from the time of the institution of suit. This statute shall be inapplicable where the party to be charged pays the money into court in accordance with the rules of the superior court.

Source. 1957, 201:1, eff. Aug. 30, 1957.

Section 524:1-b

    524:1-b Interest From Date of Writ. – In all other civil proceedings at law or in equity in which a verdict is rendered or a finding is made for pecuniary damages to any party, whether for personal injuries, for wrongful death, for consequential damages, for damage to property, business or reputation, for any other type of loss for which damages are recognized, there shall be added forthwith by the clerk of court to the amount of damages interest thereon from the date of the writ or the filing of the petition to the date of judgment even though such interest brings the amount of the judgment beyond the maximum liability imposed by law.

Source. 1957, 201:1. 1963, 293:1. 1967, 407:1. 1969, 187:2; 358:1. 2001, 160:1, eff. July 5, 2001.

Section 524:1-c

    524:1-c Entry of Judgment. – Upon a general verdict of a jury, or upon a decision by the court, that a party shall recover only a sum certain or costs or that all relief shall be denied, the clerk, unless the court otherwise orders, shall forthwith, sign, and enter the judgment upon motion of the prevailing party without awaiting any direction by the court. In all other civil cases, the court shall promptly approve the form of the judgment, and the clerk shall thereupon enter it as of the judgment day next following the return of verdict or filing of findings. The entry of judgment shall not prejudice the rights of any party to undertake further proceedings in the same cause on the basis of exceptions previously preserved.

Source. 1969, 358:2.

Section 524:2

    524:2 Recoupment for Improvements. – Any person against whom an action is brought for the recovery of real estate may, with the plea, file a brief statement, setting forth that such person and the persons under whom such person makes the claim have been in the actual peaceable possession of such real estate, under a supposed legal title, for more than 6 years before the action was begun, and that the value of the real estate has been increased by them by buildings or other improvements.

Source. RS 190:5. CS 203:5. GS 213:6. GL 232:6. PS 228:2. PL 340:2. RL 396:2. 1996, 35:1, eff. June 23, 1996.

Section 524:3

    524:3 Findings as to Increased Value. – The jury, if they find a verdict for the plaintiff, shall determine whether the lands have been so possessed and improved, and the amount of the increased value thereof, after allowing for any waste or injury the same may have sustained.

Source. RS 190:6. CS 203:6. GS 213:7. GL 232:7. PS 228:3. PL 340:3. RL 396:3.

Section 524:4

    524:4 Increased Value; Judgment. – If a judgment is rendered for the plaintiff, it shall be conditional upon the plaintiff's payment of the amount of the increased value of the real estate. The payment shall be made within one year of the verdict to the clerk of court for the use of the defendant. If the condition is met, a writ of possession shall be issued to the plaintiff. If the condition is not met, the plaintiff's right to the real estate is barred.

Source. RS 190:7. CS 203:7. GS 213:8. GL 232:8. PS 228:4. PL 340:4. RL 396:4. 1996, 35:2, eff. June 23, 1996.

Section 524:5

    524:5 Civil Forfeitures. – In actions for the recovery of a penalty or forfeiture, in a recognizance in a civil case, or in an obligation or contract under seal, the court shall render judgment for such amount as is equitably due, or as will indemnify the plaintiff for the damages sustained by the breach of the condition.

Source. RS 190:8. CS 203:8. 1861, 2497:2. GS 213:9. GL 232:9. PS 228:5. PL 340:5. RL 396:5.

Section 524:6

    524:6 Penalty: Several Obligations. – If the penalty or forfeiture is designed to secure the performance of several things to be done at different times, or as security to or for the use of several persons, judgment shall be rendered for the whole of the penalty or forfeiture, and the court shall award execution for so much only as is justly due at that time.

Source. RS 190:9. CS 203:9. GS 213:10. GL 232:10. PS 228:6. PL 340:6. RL 396:6.

Section 524:6-a

    524:6-a Periodic Payment of Judgments. –
I. Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such income and property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant.
II. Any income from a retirement plan or arrangement qualified for tax exemption purposes, as defined by RSA 511:2, XIX, shall be exempt from periodic payments up to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act, per week. If the defendant shares income and expenses with another person with whom he or she lives, and both people receive income from such a retirement plan or arrangement, any income from such a retirement plan or arrangement and belonging to either person shall be exempt from periodic payments up to the amount of 100 times the minimum hourly wage as established by the Fair Labor Standards Act, in total, per week.

Source. 1975, 143:1. 1977, 434:1. 1985, 325:3. 1996, 35:3. 2001, 238:1, eff. Jan. 1, 2002. 2009, 128:1, eff. June 29, 2009. 2014, 186:1, eff. Jan. 1, 2015.

Section 524:7

    524:7 Scire Facias. – The plaintiff or the plaintiff's administrator, and any other persons interested, may, from time to time, have scire facias upon such judgment, and execution shall be awarded them for any further sums which may be equitably due.

Source. RS 190:10. CS 203:10. GS 213:11. GL 232:11. PS 228:7. PL 340:7. RL 396:7. 1996, 35:4, eff. June 23, 1996.

Section 524:8

    524:8 Mortgages; Judgments. – A judgment in an action on a mortgage shall be conditional upon payment of the sum due, as determined by the court, by the mortgagor or person holding the mortgagor's right, to the mortgagee or person holding the mortgagee's right. The payment shall be made within 2 months after judgment is rendered, with interest. If the condition is met by timely payment, the judgment shall be void. If the condition is not met, the court shall issue a writ of possession.

Source. RS 190:11. CS 203:11. GS 213:12. GL 232:12. PS 228:8. PL 340:8. RL 396:8. 1996, 35:5, eff. June 23, 1996.

Section 524:9

    524:9 Copy of Note. – The court may allow a copy of a note or other instrument to be filed in a suit for the purpose of rendering judgment thereon.

Source. 1859, 2214:1. GS 213:13. GL 232:13. 1879, 48:1. PS 228:9. PL 340:9. RL 396:9. RSA 524:9. 1967, 132:31, eff. July 18, 1967.

Section 524:10

    524:10 Suit and Foreclosure. – Any person who holds a note secured by a mortgage, or partially secured by a mortgage, shall have the right to bring suit upon the note without losing the security upon the mortgaged property, and a suit upon the note and a suit to foreclose the mortgage may be maintained at the same time.

Source. 1917, 131:1. PL 340:10. RL 396:10. 1996, 35:6, eff. June 23, 1996.

Section 524:11

    524:11 Canadian Judgments. – In suits on judgments rendered in the courts of the Dominion of Canada or any province thereof, said judgments shall be given such faith and credit as is given in the courts of the Dominion of Canada or any province thereof to the judgments rendered in the courts of New Hampshire.

Source. 1957, 171:1, eff. Aug. 9, 1957.

Section 524:12

    524:12 Judgments for Failure to Pay Income Tax on Pensions. – All property in this state of a judgment debtor where the judgment is in favor of any state for failure to pay that state's income tax assessed on benefits received from a pension or other retirement plan, or with respect to income earned by an employee at the Portsmouth Naval Shipyard of Portsmouth, New Hampshire shall be exempt from attachment, garnishment of wages, trustee process, or forced sale under process of any court, and no such judgment or execution based thereon shall be a lien on such property.

Source. 1994, 170:1, eff. May 23, 1994.

Section 524:13

    524:13 Post-Judgment Real Estate Liens. –
I. A judgment entered by any court in this state may be secured against real estate by recording or re-recording, at any time during the duration of the judgment, a certified copy of the judgment, along with an affidavit in accordance with paragraph II, with the registry of deeds of the county in which the real estate is located.
II. At the time of recording, the plaintiff shall mail a copy of all documents mailed to the registry of deeds to the defendant's address of record with the court, by first class mail, or if the defendant is represented by counsel, a copy shall be mailed to counsel in the same manner.
III. The recording of the certified copy of the judgment, along with the affidavit attesting to compliance with paragraph II, shall create a judgment lien on all real estate of the defendant in the county of recording. The judgment lien shall be subject to all applicable exemptions from attachment and execution and shall be subordinate to any other liens of record entitled to priority on the date of recording.
IV. Unless the judgment is satisfied or discharged or the lien is otherwise removed or altered, the judgment lien created under paragraphs I through III shall remain in force and effect for as long as a suit may be maintained upon the judgment under RSA 508:5.
V. When a judgment secured by a judgment lien under this section is satisfied, the plaintiff or his or her attorney shall deliver to the defendant or owner of the encumbered real estate a discharge thereof. The defendant or owner shall cause the discharge to be recorded and shall pay the register of deeds the recording fee established pursuant to RSA 478:17-g. If the plaintiff fails to comply with this paragraph, the defendant shall be entitled to recover the amount of reasonable costs and legal fees incurred as a result.
VI. (a) If the plaintiff fails to deliver the discharge of a satisfied judgment within 30 days from receipt of a request to deliver such discharge, or if other exigent circumstances require an immediate discharge, such discharge may be issued by the court in which the judgment was rendered upon presentation of proof that the judgment has been paid in full, in the form of either a bank check, a certified check, an attorney's client funds account check which bears no indication of a stop payment order or return for insufficient funds, or by other equivalent documentary evidence of such receipt of payment.
(b) The discharge shall include the names of the plaintiff and the defendant, the date and amount of the judgment, the name of the underlying case and case number, if any, and the book and page of recording of the judgment lien.
(c) The discharge, when recorded, shall constitute a complete release of the lien created by the recording of the judgment.
(d) Any person who induces a court to execute a discharge in accordance with this paragraph on the basis of information and statements known to the person to be false shall be responsible for all costs and fees incurred by the opposing party as a result and such additional sanctions as the court in its discretion deems appropriate.

Source. 2016, 80:2, eff. Jan. 1, 2017.