LEVY OF EXECUTIONS ON PERSONAL PROPERTY

RSA tit. LIV, ch. 528

in effect

RSA 528:1 Money.

528:1. Money. Money may be taken on execution, and paid to the creditor; bank notes and other evidences of debt, issued by any moneyed corporation and circulated as money, may be taken on execution, and paid to the creditor at their par value, if he will accept of them; otherwise they may be sold at auction like other chattels. Source. RS 194:2. CS 207:2. GS 217:1. GL 236:1. PS 232:1. PL 344:1. RL 400:1.

RSA 528:2 Goods.

528:2. Goods. Goods and chattels taken on execution shall be safely kept by the officer, at the expense of the debtor, 4 days at least; shall be advertised for sale by posting notices of the time and place of sale at 2 of the most public places in the town where the sale is to be 48 hours before the expiration of said 4 days; and shall be sold at auction to the highest bidder. Source. RS 194:3. CS 207:3. GS 217:2. GL 236:2. PS 232:2. PL 344:2. RL 400:2. RSA 528:2. 1977, 299:2. 1983, 230:16, eff. Aug. 17, 1983.

RSA 528:3 Redemption.

528:3. Redemption. The owner may redeem any goods and chattels before the sale, by satisfying the execution and the officers' fees and charges. Source. RS 194:7. CS 207:7. GS 217:6. GL 236:6. PS 232:6. PL 344:3. RL 400:3.

RSA 528:4 Proceeds of Sale.

528:4. Proceeds of Sale. The money arising from the sale of unencumbered personal property under RSA 528:2 shall be applied by the officer to the payment of the charges and the satisfying of the executions levied thereon, in the order in which the attachments thereon, if any, were made, otherwise in the order in which the executions were delivered to him; and the balance, if any, shall be returned to the debtor. Source. RS 194:8. CS 207:8. GS 217:7. GL 236:7. PS 232:7. PL 344:4. RL 400:4. RSA 528:4. 1977, 299:3. 1983, 230:17, eff. Aug. 17, 1983.

RSA 528:5 Returns.

528:5. Returns. The officer shall make return of the execution according to its precept, with his doings thereon, describing particularly the goods and chattels taken and sold, and stating the sum for which each article was sold. Source. RS 194:9. CS 207:9. GS 217:8. GL 236:8. PS 232:8. PL 344:5. RL 400:5.

RSA 528:6 Officer's Fraud.

528:6. Officer's Fraud. If any officer is guilty of fraud in the sale or return he shall be liable to pay, to each party injured, five times the sum defrauded. Source. RS 194:10. CS 207:10. GS 217:9. GL 236:9. PS 232:9. PL 344:6. RL 400:6.

RSA 528:7 Adjourning Sale.

528:7. Adjourning Sale. The officer may adjourn any sale under this chapter from time to time, not exceeding ten days at one time or sixty days from the seizure, giving the same notice of each adjournment as of a sale. Source. RS 194:11. CS 207:11. GS 217:10. GL 236:10. PS 232:10. PL 344:7. RL 400:7.

RSA 528:8 Levy by Seizure.

528:8. Levy by Seizure. Personal property subject to mortgage, pledge, security interest or lien may be taken on execution in the same manner that it may be attached, and may be sold in the same manner as other personal property; and the creditor and officer shall have the same right to demand an account of the amount due, and to hold the property, if no account or a false account is given, as in case of an attachment. Source. RS 194:4. CS 207:4. GS 217:3. GL 236:3. PS 232:3. PL 344:8. RL 400:8. RSA 528:8. 1977, 299:4, eff. Aug. 26, 1977.

RSA 528:9 Proceeds of Sale.

528:9. Proceeds of Sale. The proceeds of any sale conducted under this chapter of personal property subject to mortgage, pledge, security interest or lien shall first be applied to pay the sum paid or tendered to the mortgagee, pledgee, secured party or holder for satisfaction of the debt or debts secured by any such mortgage, pledge, security interest or lien and interest thereon and the balance, if any, shall be applied by the officer conducting any such sale in accordance with RSA 528:4. Source. RS 194:5. CS 207:5. GS 217:4. GL 236:4. PS 232:4. PL 344:9. RL 400:9. RSA 528:9. 1977, 299:5, eff. Aug. 26, 1977.

RSA 528:10 Levy on Debtor's Rights.

528:10. Levy on Debtor's Rights. The debtor's right to redeem such property may be taken on execution, and sold as in other cases, without such payment or tender. Source. RS 194:6. CS 207:6. GS 217:5. GL 236:5. PS 232:5. PL 344:10. RL 400:10.

RSA 528:11 Procedure.

528:11. Procedure. Pews or seats in meeting-houses may be taken, advertised and sold on execution in the same manner as other personal property, except that if there has been no previous attachment the debtor shall be notified by the officer of the time and place of sale of the pew or seat, by giving to him a notice in writing, or leaving such notice at his abode, if he resides in the town, otherwise with the town clerk; and the time of giving or leaving such notice shall be deemed the time of taking such property. Source. RS 194:12. CS 207:12. GS 217:11. GL 236:11. PS 232:11. PL 344:11. RL 400:11.

RSA 528:12 Sale.

528:12. Sale. The franchise of a corporation authorized to take tolls may be taken and sold on execution at auction, the officer giving notice of the time and place of sale by posting a notice thereof at any tollhouse at which such tolls are or have been usually taken, and by causing a like notice, with the name of the creditor and the amount of the execution, to be posted at two or more public places in the town in which any tollhouse of the corporation is situate, at least thirty days before the day of sale. Source. RS 194:13. CS 207:13. GS 217:12. GL 236:12. PS 232:12. PL 344:12. RL 400:12.

RSA 528:13 Method of Sale.

528:13. Method of Sale. The person who will pay the execution and the lawful fees and expenses thereon for the right to receive all such tolls for the shortest period shall be the highest bidder, and shall, upon such sale, be entitled to the possession of the tollhouses and gates of the corporation, to be delivered by the officer, and shall be entitled to receive all such tolls for the term of his purchase, and shall have all the rights of the corporation in relation thereto. Source. RS 194:14. CS 207:14. GS 217:13. GL 236:13. PS 232:13. PL 344:13. RL 400:13.

RSA 528:14 Effect of Sale.

528:14. Effect of Sale. The rights and obligations of the corporation, except as to such tolls, shall not be affected by the sale, and they may redeem the franchise by paying to the purchaser the amount paid by him therefor, with twelve per cent interest thereon, at any time within three months after the sale. Source. RS 194:15. CS 207:15. GS 217:14. GL 236:14. PS 232:14. PL 344:14. RL 400:14.

RSA 528:15 Manner.

528:15. Manner. The shares or interest of a person in any corporation may be taken on execution, in the same manner that they may be attached. Source. RS 194:16. CS 207:16. GS 217:15. GL 224:13. PS 232:15. PL 344:15. RL 400:15.

RSA 528:16 Notice of Sale.

528:16. Notice of Sale. Notice in writing of the time and place of sale of such shares or interest shall be given by the officer to the debtor, or shall be left at his abode, and shall be posted at one or more public places in the town where the sale is to be, and in two adjoining towns, thirty days before the sale. Source. RS 194:17. CS 207:17. GS 217:16. GL 236:16. PS 232:16. PL 344:16. RL 400:16.

RSA 528:17 Publication.

528:17. Publication. If the debtor does not reside in the county the posting of such notice as prescribed in the preceding section, and the publishing of such notice in some newspaper, if any, in the county, otherwise in an adjoining county, three weeks previous to the sale, shall be sufficient, without further notice to the debtor. Source. RS 194:18. CS 207:18. GS 217:17. GL 236:17. PS 232:17. PL 344:17. RL 400:17.

RSA 528:18 Recording Return.

528:18. Recording Return. The officer shall cause an attested copy of the execution and of his return thereon to be filed with the clerk, treasurer, assistant-treasurer or cashier of the corporation, and shall pay for the recording thereof. Source. RS 194:19. CS 207:19. GS 217:18. GL 236:18. PS 232:18. PL 344:18. RL 400:18.

RSA 528:19 Purchaser's Rights.

528:19. Purchaser's Rights. The purchaser shall thereupon be entitled to such shares or interest, and the income or dividends which have become due thereon since the attachment, and to such certificates as are the usual evidence of the shares or interest of a proprietor in the corporation. Source. RS 194:19. CS 207:19. GS 217:18. GL 236:18. PS 232:18. PL 344:19. RL 400:19.

RSA 528:20 Information as to Shares; Liability.

528:20. Information as to Shares; Liability. The officer of every corporation having the care of the records or accounts of the shares or interests of the corporators therein shall, on request and on the exhibition of a writ of attachment or execution against any person interested in the corporation, give to the officer having the writ a certificate of the number of his shares or amount of his interest therein, with the numbers of the shares or other description by which they are distinguished. If he shall neglect or refuse to give such certificate, or shall wilfully give a false certificate, he shall be liable to pay to the creditor the whole amount of his demand against the debtor, to be recovered by an action of debt. Source. RS 194:20. CS 207:20. GS 217:19. GL 236:19. PS 232:19. PL 344:20. RL 400:20.

RSA 528:21 Other Information.

528:21. Other Information. If any officer of a corporation shall, on request of an officer and on exhibition of such writ of attachment or execution, refuse or neglect to exhibit to him such records and documents in his keeping as may be useful to direct and assist him in the discharge of his duty he shall forfeit twenty dollars to the officer, and shall be answerable for all damages sustained by any person thereby. Source. RS 194:21. CS 207:21. GS 217:20. GL 236:20. PS 232:20. PL 344:21. RL 400:21.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LIV-528.htmFetched: 10/20/2026