Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

GENERAL RULES

Rule 1.21. Periodic Payments.

    
    (1) A judgment creditor who seeks an order for periodic payments under RSA 524:6-a shall file a Motion for Periodic Payments, setting out specific grounds for relief. An unsatisfied execution is not required as a prerequisite for such a motion. Such a motion shall be made orally in court if the defendant is present when the verdict or judgment is awarded; in which case, the court shall conduct a hearing, pursuant to subdivision (3).

Comment

A “Motion for Periodic Payments” form that may be used to comply with this paragraph is available at the clerk’s office of any Circuit Court and on the Judicial Branch website at http://www.courts.state.nh.us/district/forms/allforms.htm#civil


    (2) Upon the filing of a written motion under subdivision (1), a notice of hearing will issue, requiring the judgment debtor to appear at a time and date named therein and to submit to an examination relative to the judgment debtor's property and ability to pay the judgment. The judgment creditor shall cause the notice of hearing to be served either in-hand or by certified mail, restricted delivery, return receipt requested. If the judgment creditor elects to serve the notice of hearing by certified mail, restricted delivery, return receipt requested, and if the return receipt is returned without indication that the notice of hearing has been properly served, then in-hand service shall be required.

    (3) On hearing, the judgment debtor may be required to submit an affidavit which conforms to the Affidavit of Assets and Liabilities form and may be examined under oath as to the judgment debtor's property and ability to pay the judgment. Either party may introduce oral and written evidence as the court deems relevant. Technical rules of evidence do not apply.

Comment

The “Affidavit of Assets and Liabilities" form referred to in this paragraph is available at the clerk’s office of any Circuit Court and on the Judicial Branch website at http://www.courts.state.nh.us/district/forms/allforms.htm#civil


    (4) If the judgment debtor fails to appear at the hearing, the court may proceed, and orders may be made in the judgment debtor's absence or an order for arrest may be issued. Attendance by the plaintiff or plaintiff's counsel shall not be required unless ordered by the court.

    (5) If the court is satisfied that the judgment debtor has property not exempt from attachment or execution, the court may order the property to be produced or so much thereof as may be sufficient to satisfy the judgment and cost of the proceedings so it may be taken on execution. If the judgment debtor is able to make periodic payments on the judgment, the court may, after allowing the judgment debtor an appropriate amount for support and support of the judgment debtor's family, if any, order the judgment debtor to make such periodic payments as are deemed as appropriate. The court may order a combination of the foregoing.

    (6) The court may prescribe the times, places, amounts of payments and other details in making any order. The court may at any time review, revise, modify, suspend or revoke any order. Failure to obey any lawful order of the court without just cause shall constitute a contempt of court. Contempt proceedings may be initiated by the judgment creditor by motion or Affidavit of Noncompliance and will result in the issuance of an order of notice to appear before the court to show cause why the defendant should not be held in contempt of court.  The judgment creditor shall cause the order of notice to be served either in-hand or by certified mail, restricted delivery, return receipt requested.  If the judgment creditor elects to serve the order of notice by certified mail, restricted delivery, return receipt requested, and if the return receipt is returned without indication that the order of notice has been properly served, then in-hand service shall be required.

Comment

An “Affidavit of Noncompliance” form that may be used to comply with this paragraph is available at the clerk’s office of any Circuit Court and on the Judicial Branch website at http://www.courts.state.nh.us/district/forms/allforms.htm#civil


    (7) At the contempt hearing following an order to show cause, the court may require an investigation by probation or other appropriate agency. The court, after hearing, may find the defendant in contempt and may make such orders as are appropriate, including a commitment to the house of correction until contempt is discharged.

    (8) A sentence for contempt shall not end the proceedings nor satisfy any order for periodic payments. Future violations of the order on which the sentence was founded may likewise be dealt with as a contempt.

    (9) If a motion for periodic payments is denied for want of property or ability to pay, the judgment creditor shall not file another motion against the same debtor upon the same judgment within three months unless the court otherwise allows for good cause.

    (10) All costs and fees incurred by the plaintiff in carrying out the provisions of this rule shall be paid by the defendant.

Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court District Division Rules Table of Contents