SB264 (2008) Detail

(2nd New Title) relative to post-judgment attachments to secure small claims judgments.


CHAPTER 340

SB 264 – FINAL VERSION

01/17/08 0079s

07May2008… 1311h

06/04/08 1970CofC

2008 SESSION

07-1336

09/04

SENATE BILL 264

AN ACT relative to post-judgment attachments to secure small claims judgments.

SPONSORS: Sen. DeVries, Dist 18; Sen. Reynolds, Dist 2

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a procedure for post-judgment attachments to secure small claims judgments.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/17/08 0079s

07May2008… 1311h

06/04/08 1970CofC

07-1336

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to post-judgment attachments to secure small claims judgments.

Be it Enacted by the Senate and House of Representatives in General Court convened:

340:1 New Section; Attachments to Secure Small Claims Judgments. Amend RSA 503 by inserting after section 11 the following new section:

503:12 Post-Judgment Attachment and Execution.

I. Attachments and levies of execution on personal property and real estate may be made on judgments in small claims actions in district courts as provided in RSA 511, RSA 528, and RSA 529.

II. A judgment entered in accordance with this chapter may be secured by real estate by recording or re-recording, at any time during the duration of the judgment, a certified copy of the judgment with the registry of deeds of the county in which the real estate is located.

III. When a small claims judgment secured by real estate 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. The failure of the plaintiff to comply with the provisions of this paragraph shall be a violation.

IV.(a) If such plaintiff fails to deliver such discharge of a satisfied small claims 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 and addresses of the plaintiff and the defendant, the date and amount of the judgment, the name of the underlying case, and the book and page of recording of the attachment.

(c) The discharge, when recorded, shall constitute a complete discharge of the small claims judgment and a release of the lien created by the recording of the small claims 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 guilty of a class B misdemeanor.

340:2 Attachable Property; Availability of Prejudgment Attachment. Amend RSA 503:3-c to read as follows:

503:3-c Prejudgment Attachment Process. The prejudgment attachment process under RSA [511] 511-A shall apply to [judgments obtained in] small claims actions.

340:3 Attachable Property; Availability of Post-Judgment Attachment. Amend RSA 511:1 to read as follows:

511:1 Attachable Property. All property, real and personal, which is liable to be taken in execution, may be attached and held as security for the judgment the plaintiff may recover. Such property may be attached following the entry of judgment for the plaintiff.

340:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 7, 2008

Effective Date: September 5, 2008

Links

SB264 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB264 Revision: 12101 Date: Jan. 1, 2008, midnight

Docket