New Hampshire Procedural Requirements for Wage Garnishment

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New Hampshire Procedural Requirements

The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and eStatutee of the defendant may be attached thereon. N.H. Rev. Statute. Ann. _ 512:3. When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service on an officer, person in charge, teller, or office employee of such entity at its office if service is made during banking hours, and, if service is made at a time other than banking hours, by service on an officer of such entity, and not otherwise. The trustee so served shall not be chargeable for any goods, rights, or credits of the defendant except as shall be in the hands of the trustee at the time of service. N.H. Rev. Statute. Ann. _ 512:9-b.

Disclosure of trustees may be given or taken by any party to the action at any time after the service of the writ upon the trustee, upon such notice to the adverse party as is required in taking depositions and upon the payment or tender to the trustee of his fees for travel and attendance as in the case of witnesses. N.H. Rev. Statute. Ann. _ 512:12.

If a corporation or partnership is summoned as a trustee, the deposition of the cashier, treasurer or other proper officer or agent of the corporation, or of a member of the partnership, may be taken as the deposition of the trustee. N.H. Rev. Statute. Ann. _ 512:14.

When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant for any balance. N.H. Rev. Statute. Ann. _ 512:36.

All writs and other processes shall at the time that they are served upon the defendant indicate on such writ or process the time, place and mode of service made upon the defendant, and shall further indicate any attachments made upon the property of the defendant and the time, place and method of such attachments. Such information shall be placed upon the writ by the sheriff, deputy sheriff, or other person authorized by law who has made such service. N.H. Rev. Statute. Ann. _ 510:2-a.

Interest Rate at which Judgments Accrue

The annual rate of interest on judgments and in all business transactions in which interest is paid or secured, unless otherwise agreed upon in writing, shall equal 10 percent. N.H. Rev. Statute. Ann. _ 336:1.