Detailed Answer
Under New Hampshire law, a judgment creditor may use an affidavit of facts to initiate supplementary process and levy on the debtor’s personal property. The key steps include:
- Prepare the Affidavit of Facts: Draft the affidavit including the judgment date, court name, docket number, amount outstanding, and facts regarding the debtor’s property or earnings. See RSA 516:7 (RSA 516:7).
- Swear Before a Notary Public: Sign the affidavit in the presence of a commissioned notary. The notary validates your identity and applies their official seal.
- File with the Clerk’s Office: Submit the notarized affidavit and required filing fee to the clerk of the Superior Court in the county where the judgment was entered. The clerk stamps and files the document and issues the supplementary process.
- Obtain Certified Copies: Request a certified copy of the filed affidavit under RSA 451:1 (RSA 451:1). Certified copies are necessary to serve on the sheriff or process server.
- Levy on Personal Property: Present the certified affidavit and court-issued process to the county sheriff. Under RSA 540:1 (RSA 540:1), the sheriff may seize non-exempt personal property to satisfy the judgment.
If you need to recover specific goods wrongfully withheld, consider a replevin action. Under RSA 540:9 (RSA 540:9), you can seek a writ of possession after proper affidavit filing.
Helpful Hints
- Verify the judgment details before drafting the affidavit.
- Ensure your notary’s commission is valid in
New Hampshire . - File in the correct county to avoid processing delays.
- Keep certified copies for your records and delivery to the sheriff.
- Check for debtor exemptions under RSA 511:4 before levying.
- Consult an attorney for complex cases or if the debtor contests.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized guidance regarding your specific situation, consult a qualified attorney.