Chapter 527: Executions

No execution shall issue until the expiration of the appeal period.

Executions issued by the superior court may be made returnable at any return day within six months from date of issuance.

The superior court, on application and notice to the debtor may order the return day of an execution issued by the court to be changed to any subsequent return day as justice may require; which order shall be recorded upon the clerk's record of the judgment and execution.

Executions issued by municipal courts shall be returnable within ninety days from their dates.

Executions may be issued at any time within two years after judgment rendered, or after the return day of the former execution, provided, however, that when real or personal property is attached executions against such real or personal property may be issued at any time within six years after judgment rendered.

The court may award execution on any judgment after the expiration of said two years, upon scire facias for the amount then due.

When the plaintiff in any action pending in any court in this state, in whose favor judgment shall have been rendered, shall decease before an execution shall have been issued from such court, the clerk thereof shall issue execution to the executor of the will, or administrator of the estate, of such plaintiff, at his request and upon his filing with such clerk a certificate of the judge of probate of his appointment as such administrator or executor.

Where several judgments are rendered upon the same contract at the same term only one execution shall be issued on the judgments at one time, except by order of the court.

Interest is payable on executions in civil actions from the time of judgment rendered.

Writs of execution shall be substantially in the following form:

THE STATE OF NEW HAMPSHIRE

__________ ss. To the sheriff or deputy sheriff of any county:

[L.S.] Whereas, __________ , of __________ , by the consideration of our justices of our court of __________ , holden at __________ , in said County of __________ , on the __________ Tuesday of __________ , recovered judgment against __________ of __________ for the sum of __________ dollars, and costs taxed at __________ , as appears of record, whereof execution remains to be done. We command you, therefore, that of the money, goods, chattels, lands, personal estate, property interest, right or credit of the said debtor, in your precinct, you cause to be levied and paid to the said creditor the aforesaid sums, with lawful interest thereon, and __________ more for this writ and your own fees; and make return of this writ, with your doings thereon, to said court, to be holden at __________ , in said county, upon the __________ Tuesday of __________ .

Witness, __________ , Esquire, the __________ day of __________ , __________

__________ , Clerk.

Writs of possession shall be substantially in the following form:

THE STATE OF NEW HAMPSHIRE

.......... ss. To the sheriff of any county or his deputy:

[L.S.] Whereas, .......... , of .......... , by the consideration of our justices of our court of .......... , holden at .......... , in said county of .......... , on the .......... Tuesday of .......... , recovered judgment against .......... of .......... , for a certain .......... , with the appurtenances, situate in the town of .......... , and costs taxed at .......... , as appears of record. We command you, therefore, that without delay you cause said .......... to have possession of the said premises. We also command you that of the goods, chattels or lands of the said debtor in your precinct you cause to be levied and paid to said creditor the aforesaid sum, with the lawful interest thereon, and .......... more for this writ and your own fees, and make return of this writ, with your doings thereon, unto said court, to be holden at .......... in said county upon the .......... day of ..........

Witness, .......... , Esquire, the .......... day of .......... , ..........

.......... , Clerk.

Amendments of the returns of officers deceased, upon executions, writs or other process, may be made, by order of the superior court, by the sheriff, if the defective return was made by one of his deputies and such sheriff is living, otherwise by the clerk of the court.

Executions in which the creditor in one is debtor in the other in the same right and capacity shall be set off by the officer to whom one of the executions is delivered and the other shall be tendered, and the officer shall return both executions satisfied, so far as the setoff will extend.

Whenever proceedings in the levy of an execution on real or personal property are stayed by injunction the lien then existing shall continue until the expiration of thirty days after the injunction is dissolved.

If proceedings in such levy are begun before injunction they may be resumed within said thirty days and completed, or new proceedings may be begun within that time and completed in the same manner as if the judgment had been rendered at the time of the dissolution.

The officer executing a writ of possession shall cause it, with his return thereon, to be recorded at length in the registry of deeds of the county, and to be returned to the office of the clerk of the court to which it is by law returnable.

He may add the fees paid to the recording officer to his own fees upon the writ of possession.