FastCounsel

Detailed Answer

This explains how to have a New Hampshire court hold (secure) settlement proceeds from a pending wrongful death claim so the money is protected while parties resolve distribution issues, liens, or approvals. This is an educational overview only and is not legal advice.

When the court can hold settlement money

In New Hampshire, courts can order that settlement proceeds be deposited with the court clerk or into the court registry when there is a pending dispute about distribution, when beneficiaries are minors or incapacitated, when liens need to be resolved, or when the plaintiff seeks a protective order that prevents immediate distribution. The wrongful-death cause of action and who may recover are governed by New Hampshire law—see NH Revised Statutes Annotated, Chapter 556 (search RSA Chapter 556 at the New Hampshire General Court website for text and details: https://www.gencourt.state.nh.us/rsa/html/).

Typical steps to secure settlement proceeds with the court clerk

1. File a motion or stipulation with the court.

   If you already have a pending lawsuit, file a written motion (or a stipulated order agreed by the parties) asking the court to (a) approve the settlement if required, and (b) order the defendant or insurer to deposit the settlement check into the court registry (or direct the payor to pay the clerk of the court) instead of distributing funds to a party or counsel. Include the settlement agreement and proposed order as attachments.

2. Provide the court with documents the clerk will require.

   Typical documents include the settlement agreement, executed release, proposed distribution plan, proof of identity for parties/beneficiaries, and any guardianship or conservatorship documents if beneficiaries are minors or incapacitated.

3. Ask the court for specific relief and timing.

   Your motion should state whether the funds should remain on deposit until (a) a later court order, (b) resolution of pending liens (medical, Medicaid, Medicare, subrogation), (c) appointment of a guardian or conservator for a minor or incapacitated beneficiary, or (d) a fixed date. The court’s order should be explicit about which party may withdraw funds and under what conditions.

4. Obtain a court order directing deposit to the registry.

   If the judge signs the order, provide the order to the insurer or payer and instruct them to issue the check payable to the “Clerk, [Name of Court]” (or as the order directs). The payer often will require a certified copy of the signed order and instructions from counsel or the clerk about how to deliver the funds (mail, in-person, wire).

5. Clerk acceptance and registry procedures.

   Once the clerk receives funds, the court will typically issue a receipt and hold the funds in the court registry account. The clerk’s office will only disburse funds according to a subsequent court order. Local clerk practices vary—always confirm the clerk’s procedural requirements (how the check must be made payable, documentation, and any registry fee or account rules).

6. Resolving liens and distribution.

   Before the court releases funds, medical providers, Medicare/Medicaid, and other lienholders may need to be given notice and an opportunity to claim or reduce their liens. The court will usually require evidence that liens are resolved or adequate arrangements (negotiated reductions, escrow, or bonds) are in place before approving final distribution to beneficiaries.

Special situations

• Minor or incapacitated beneficiaries.

  If any intended beneficiary is a minor or lacks capacity, the court may require appointment of a guardian, conservator, or creation of a blocked account or structured settlement. The probate court may need to be involved for guardianship or settlement approvals for minors.

• Multiple claimants or competing claims.

  If there are competing claims to the proceeds (e.g., multiple heirs or creditors), the court can hold funds until claims are litigated or settle the competing claims through interpleader or separate proceedings.

• Use of bonds or escrow instead of registry deposit.

  On occasion, the court may allow a surety bond, an escrow account with a bank, or a trust arrangement in lieu of a registry deposit. That requires court approval and proof that the alternative provides equivalent protection.

What the clerk’s office may ask for

• Signed court order directing deposit and identifying which court registry to use.
• The original settlement check or wiring instructions (payable to Clerk of Court as directed).
• Identification for the person delivering funds and an attorney contact.
• Any necessary forms required by the particular clerk’s office (procedures vary by county and division).

Practical tips for smooth processing

Confirm the clerk’s preferred method for accepting funds (check vs. wire), whether the clerk needs a certified copy of the order, and whether the clerk charges any registry administration fees. Provide complete distribution proposals and lien information so the court can act quickly.

Where to find the relevant New Hampshire law and court rules

New Hampshire statutes (including wrongful death provisions) are available from the New Hampshire General Court: https://www.gencourt.state.nh.us/rsa/html/. For local procedures and rules, consult the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/. Because procedures and requirements can vary between courts, contact the clerk of the court where the case is filed and confirm local practice.

When to get an attorney

Securing settlement funds is often straightforward, but gets complicated if there are minors, competing claims, unresolved liens, or unusual distribution schemes. An attorney can prepare the required filings, negotiate lien reductions, propose acceptable account arrangements, and get the court order needed to have funds deposited safely.

Disclaimer: This article provides general information about New Hampshire procedures and is not legal advice. Laws and local court practices change. For advice about a specific case, contact a licensed New Hampshire attorney.

Helpful Hints

• Before asking a payer to issue a check to the court, confirm the exact payee wording the clerk requires (e.g., “Clerk, [Name of Court]” or as the order directs).
• Ask the clerk whether they accept wires and what wiring instructions to give to the insurer or payer.
• Provide the court with a clear proposed distribution schedule showing who will receive funds and in what amounts—this speeds approval.
• Notify known lienholders early and give them an opportunity to file claims or agree to reductions; unresolved liens can delay disbursement.
• If beneficiaries are minors, consider whether a blocked bank account, structured settlement, or probate approval is appropriate—talk to counsel and the clerk about options.
• Get a signed court order before instructing the payer to deposit funds with the clerk; payers will generally require a copy of the order to avoid liability.
• Keep careful records: court receipts, receipts from the clerk, and copies of all court orders governing the funds.
• If the matter involves federal benefits (Medicare/Medicaid), ensure proper notice and resolution of federal lien interests—these issues can require specialized handling.
• When in doubt, consult a lawyer who handles wrongful death and settlement administration in New Hampshire to avoid procedural missteps that could delay or jeopardize access to funds.