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Superior Court Civil Rules Table of Contents

RULES OF THE SUPERIOR COURT
OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CIVIL ACTIONS

CIVIL RULES 1 TO 54

IX.  PROVISIONAL AND FINAL REMEDIES

Rule 51. Periodic Payments

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

(b)  Upon the filing of such a motion, an Order noticing the action and identifying a date for a hearing will issue requiring the judgment debtor to appear at a time and date named therein and submit to an examination relative to his or her property and ability to pay said judgment.

(c)  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.

(d)  On hearing, the judgment debtor will submit a financial affidavit and will be examined under oath as to his or her 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.

(e)  If the debtor fails to appear at the hearing, the court may proceed and orders may be made in the debtor’s absence.

(f)  If the court finds that the debtor has no property other than property that is exempt from attachment or execution and that the debtor is unable to make weekly payments on the judgment, the motion will be dismissed.  Attendance by the plaintiff or plaintiff’s counsel is required unless excused by the court.

(g)  If the court is satisfied that the debtor has property not exempt from attachment or execution, the court may order the debtor 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 or her support and that of the debtor’s family, if the debtor 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.

(h)  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 motion.

(i)  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.

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


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Superior Court Civil Rules Table of Contents