HB 1536 – AS AMENDED BY THE HOUSE
12Mar2008… 0707h
2008 SESSION
09/05
HOUSE BILL 1536
AN ACT relative to periodic payments of judgments.
SPONSORS: Rep. McEachern, Rock 16
This bill requires the plaintiff’s presence or the presence of the plaintiff’s representative at a hearing requested by such plaintiff on a defendant’s ability to make full payment of a judgment. The bill also removes the court’s statutory directive that a failure to make periodic payments constitutes civil contempt, but gives the court discretion to hold the plaintiff in contempt for failure to make periodic payments.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2008… 0707h
08-2365
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to periodic payments of judgments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Periodic Payments of Judgments. Amend RSA 524:6-a to read as follows:
524:6-a Periodic Payment of Judgments. 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 shall require the presence of the plaintiff or his or her representative at any inquiry requested by petition of the plaintiff. 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] may constitute civil contempt of court. 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 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.
2 Effective Date. This act shall take effect January 1, 2009.