Bill Text - HB118 (2009)

Relative to periodic payments of judgments.


Revision: March 5, 2009, midnight

HB 118 – AS AMENDED BY THE HOUSE

04Mar2009… 0312h

2009 SESSION

09-0796

09/04

HOUSE BILL 118

AN ACT relative to periodic payments of judgments.

SPONSORS: Rep. McEachern, Rock 16; Rep. Nixon, Hills 17

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill grants a judge discretion to find that a failure to make periodic payments of a judgment is not civil contempt of court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0312h

09-0796

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

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 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 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, 2010.

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