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RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CRIMINAL CASES FILED IN SUPERIOR COURT

 

[Editor’s note: The rules that follow were, prior to October 1, 2013, titled Rules of the Superior Court of the State of New Hampshire. Effective October 1, 2013, these rules applied only in criminal cases filed in Superior Court and in domestic relations cases filed in the Cheshire County Superior Court. Effective December 16, 2013 these rules apply only in criminal cases filed in Superior Court. For civil cases filed or pending in Superior Court on or after October 1, 2013, see the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions.]

PROCEDURES UNDER RSA 524:6-a

   
    A judgment creditor seeking an order for weekly payments under RSA 524:6-a must file a petition with the Clerk setting out specific grounds for relief. Issuance of a Writ of Execution need not be a preliminary step to the weekly payment process.

    Upon the filing of such a petition, an order of notice will issue requiring the judgment debtor to appear at a time and date named therein and submit to an examination relative to his property and ability to pay said judgment.

    Said order of notice shall be served by an officer qualified to serve civil process, by delivering in hand to the debtor an attested copy thereof, at least fourteen days before the return day to which the petition is returnable. If such service is not so made, the Court may order further or other notice.

    On hearing, the judgment debtor will submit an affidavit similar to one required under Rule 197 and will be examined under oath as to his property and ability to pay. Either party may introduce oral and written evidence as the Court deems relevant. Technical rules of evidence will not apply.

    If the debtor fails to appear at the hearing, the Court may proceed and orders may be made in his absence.

    If the Court finds that the debtor has no property other than property which is exempt from attachment or execution and that the debtor is unable to make weekly payments on the judgment, or if the creditor fails to appear at the hearing, the petition will be dismissed.

    If the Court is satisfied that the debtor has property not exempt from attachment or execution, the Court may order him to produce it, or so much thereof as may be sufficient, to satisfy the judgment and cost of the proceedings, so that it may be taken on execution. If the debtor is able to make weekly payments on the judgment, the Court may, after allowing the debtor an appropriate amount for his support and that of his family, if he has a family, order the debtor to make weekly payments on the judgment from time to time. The Court may also make an order combining any of the orders above mentioned.

    The Court may prescribe the times, places, amount of payments and other details in making any of its orders. The Court may at any time review, revise, modify, suspend or revoke any order made. Failure to obey any lawful order of the Court, without just excuse, shall constitute a contempt of court. Contempt proceedings will be initiated by the creditor by a verified petition, and will be handled in a manner similar to support proceedings, except that they will be instituted by summons rather than a capias.

    A sentence for contempt shall not end the proceedings nor any order made by the Court, and future violations of the order, upon which the sentence was founded, may likewise be dealt with as for contempt.

    If the petition is dismissed, the creditor shall not file within one year after the date of such dismissal another petition against the same debtor upon the same judgment unless the Court otherwise for good cause orders.

    RSA 524:6-a is construed, until further order, as applying only to Judgments entered after the effective date of the statute (July 20, 1975.)

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