Part 5 — Seizure of Personal Property
44 Demand on third person
exigible personal property of an enforcement debtor is in the
possession or control of a third person, the agency may and, if so
instructed by the instructing creditor, must serve a demand on the
third person requiring the third person to deliver the property to the
agency or make it available for seizure within 15 days from the day
that the demand is served on the third person.
RSA 2000
(2) A third person on whom a demand is served under this section
must forthwith
(a) deliver the property to the agency,
(b) advise the agency of the p lace at which seizure of the
property may be effected and take reasonable steps to ensure
that the property remains at that place until it is seized, or
(c) where the third person has a right as against the enforcement
debtor to retain the property or does not have possession or
control of the property, advise the agency that the third
person is not required to comply with clause (a) or (b) by
reason that the third person
(i) has a right as against the enforcement debtor to retain the
property, or
(ii) does not have possession or control of the property.
(3) Where a third person complies with a demand made under this
section, the agency must compensate the third person for any
expenses reasonably incurred by the third person in complying with
that demand.
(4) A third person who without reasonable excuse fails to comply
with a demand made under this section must compensate the
enforcement creditors with a related writ for any pecuniary loss
suffered by them as a result of the non-compliance.
(5) When an agency takes possession of property from a third
person in respect of whom a demand was made under this section,
the third person is discharged of any responsibility that the third
person may have been under to hold the property for, or return it to,
the debtor.
(6) This section does not apply to property held by a securities
intermediary, as defined in the Securities Transfer Act, if the
enforcement debtor has a security entitlement, as defined in the
Securities Transfer Act, against the securities intermediary with
respect to that property.
RSA 2000 cC-15 s44;2006 cS-4.5 s107