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See New Hampshire Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A judgment rendered by the court of the State of New Hampshire is enforceable for a period of 20 years. (§ 508:5.) Execution of the judgment may be issued at any time within 2 years after the judgment was rendered, or after the return day of the former execution. (§ 527:6) All non-exempt property, real and personal, of a judgment debtor may be attached to satisfy a judgment. (§ 511:1.) A judgment may become a lien on the real and personal property of the debtor only through the attachment or execution process. Real property maybe attached on a writ of mesne process and continues for a period of six years after the judgment is rendered, and an attachment lien on personal property continues for 60 days. (§ 511:3, § 511:55.)
Foreign Judgment:
The State of New Hampshire generally adopts the Revised Uniform Enforcement of Foreign Judgments Act. (Title 53, Chapter 524A.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of New Hampshire. (§ 524-A:1.)
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment, and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The clerk of the Court and the judgment creditor are required to mail notice of the filing of the foreign judgment to the judgment debtor. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in the state of New Hampshire. The judgment creditor must file with the court proof of mailing the notice. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. No execution or other process for enforcement of a foreign judgment filed may be issued until 15 days after the date the judgment is filed. (§ 524-A:3.)
A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of the court and may be enforced or satisfied in like manner to any New Hampshire state court judgment. (§ 524-A:2.)
The statute of New Hampshire specifically provides that in suits on judgments rendered in the courts of the Dominion of Canada or any province thereof, said judgments shall be given such faith and credit as is given in the courts of the Dominion of Canada or any province thereof to the judgments rendered in the courts of New Hampshire. (§ 524:11.)
Interest:
Legal rate: 10% per annum in all business transactions unless otherwise agreed upon in writing. This rate does not apply to consumer credit transactions. (§ 336:1-I.)
Contract Rate: Such rate as may be agreed upon in writing between the parties. (§ 336:1-I.)
Judgment rate: The annual simple rate of interest on judgments, including prejudgment interest, shall be a rate determined by the state treasurer as the prevailing discount rate of interest on 52-week United States Treasury bills at the last auction thereof preceding the last day of September in each year, plus 2 percentage points, rounded to the nearest tenth of a percentage point. (§ 336:1-II.)
Exemptions:
In general, a debtor may claim exemption of homestead and certain personal property from attachment or execution or forced sale for the payment of debts.
New Hampshire permits homestead exemption up to a value of $30,000. The homestead right may include manufactured housing, which is owned and occupied as a dwelling by the debtor but does not include the land upon which the manufactured housing is situated if the land is not also owned by the owner the manufactured housing. (§ 480:1.)
Personal property and goods which may be exempted from attachment and execution may include wearing apparel necessary for the use of the debtor and his family; comfortable beds, bedsteads and bedding necessary for the debtor, his wife and children; household furniture to the value of $3,500; one cook stove, one heating stove and one refrigerator and necessary utensils belonging to the same; one sewing machine, kept for use by the debtor or his family; provisions and fuel to the value of $400; uniform, arms and equipment of every officer and private in the militia; bibles, school books and library of any debtor, used by him or his family, to the value of $800; tools of the debtor’s occupation to the value of $5,000; one hog and one pig, and the pork of the same when slaughtered; Six sheep and the fleeces of the same; one cow; a yoke of oxen or a horse, when required for farming or teaming purposes or other actual use; and hay not exceeding 4 tons; domestic fowls not exceeding $300 in value; the debtor’s interest in one pew in any meeting house in which he or his family usually worship; the debtor’s interest in one lot or right of burial in any cemetery; one automobile to the value of $4,000; jewelry owned by the debtor or his family to the value of $500; the debtor’s interest in any property, not to exceed $1,000 in value, plus up to $7,000 of any unused amount of the exemption provided under paragraphs III, VI, VIII, IX, XVI, and XVII of section 511:2.
Statutes of Limitation:
Civil actions generally can be commenced only within certain time limitations. The time generally runs from the date a cause of action accrues or from the date injury or damages are discovered or should have been discovered.
When a cause of action accrues is a critical issue and may be different on a case by case basis. A creditor should always consult actual legal counsel to determine its right to action under the applicable statutes. Some of the time limitations relevant to credit and collection matters are as follows:
Contract for sale of goods 4 years § 382-A:2-725
Contracts under seal 20 years § 508:5
Note secured by mortgage of real property 20 years
§ 508:6
All personal actions not otherwise specified. 3 years
§ 508:4
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