SB 262-FN – VERSION ADOPTED BY BOTH BODIES
02/13/14 0417s
16Apr2014… 1257h
2014 SESSION
04/05
SENATE BILL 262-FN
AN ACT revising the form for “summons instead of arrest” and prohibiting prejudgment attachments in small claims actions.
SPONSORS: Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Cataldo, Dist 6; Rep. M. Smith, Straf 6; Rep. G. Hopper, Hills 2
This bill revises the form for “summons instead of arrest” and eliminates prejudgment attachments in the litigation of small claims actions.
This bill is a request of the judicial branch.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/13/14 0417s
16Apr2014… 1257h
14-2694
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT revising the form for “summons instead of arrest” and prohibiting prejudgment attachments in small claims actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Arrests in Criminal Cases; Summons Instead of Arrest. Amend RSA 594:14, I to read as follows:
I. In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor or violation, he or she may instead issue to [him] the person in hand a written summons in substantially the following form:
The State of New Hampshire
To ....................................................................
You are hereby notified to appear before the [............................ district (municipal) court] ……………….. circuit court of the State of New Hampshire, district division, to be holden in …………………. on the .......... day of .................... [19 ..........] 20…… at .......... o’clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .......... in violation of the laws of the State of New Hampshire. If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible. The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.
Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.
Dated at
...........................................................................
the.…….... day of ………….. [19..] 20…..
Name
...........................................................................
Title
……………………………………………………….
Upon failure to appear, a warrant of arrest may issue. Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.
2 Litigation of Small Claims; Notice to Defendant. Amend RSA 503:6, I to read as follows:
I. The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending a written statement to the defendant by postpaid first class mail, addressed to the defendant at the defendant’s last known post office address and directing the defendant to indicate, in writing within 30 days from the date said notice is mailed, the defendant’s desire to be heard. [If a small claim action includes a petition for prejudgment attachment, the claim shall be served on the defendant as in all other actions at law.]
3 New Section; Litigation of Small Claims; Pre-judgment Attachments. Amend RSA 503 by inserting after section 12 the following new section:
503:13 Pre-judgment Attachments. RSA 511-A shall not apply to the litigation of small claims under this chapter.
4 Pre-judgment Attachment; Limitations. Amend RSA 511-A:1 to read as follows:
511-A:1 Pre-Judgment Attachments; Limitation. In [all] 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.
5 Pre-judgment Attachment Procedure; Notice of Intent. Amend the introductory paragraph in RSA 511-A:2 to read as follows:
511-A:2 Notice of Intent. In [all] civil actions or suits in equity [where] in which the plaintiff [desires] 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:
6 Repeal. The following are repealed:
I. RSA 503:3-c, relative to prejudgment attachment process in small claims actions.
II. RSA 503:6, V, relative to hearings on objections to petitions for prejudgment attachment in small claims actions.
7 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect July 1, 2015.
LBAO
14-2694 Amended 02/18/14
SB 262-FN FISCAL NOTE
AN ACT revising the form for “summons instead of arrest” and prohibiting attachments in small claims actions.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended by the Senate (Amendment #2014-0417s), has a total fiscal impact of less than $10,000 in each of the fiscal years 2014 through 2018.