MHHS · Consumer Protection Act
Part 14 — Remedies and Enforcement
170 Loan brokers
have been charged a fee by or paid a fee to a loan broker for
assisting the person in obtaining a loan.
RSA 2000
(2) In a prosecution for a contravention of section 54, an affidavit
of a claimant that contains the statements referred to in subsection
(3) is admissible in evidence as proof, in the absence of evidence to
the contrary, of the statements contained in the affidavit.
(3) For the purposes of subsection (2), the affidavit of the claimant
must
(a) identify the loan broker,
(b) state that the loan broker agreed to assist the claimant i n
obtaining a loan,
(c) state that, before the clai mant received the proceeds of the
loan, either the loan broker charged the claimant for
assisting the claimant in obtaining the loan or the claimant
paid for the assistance, and
(d) include, as an exhibit, the bill charging the claimant or proof
of the amount paid.
(4) An affidavit referred to in subsection (2) is admissible in
evidence without proof of the signature of the claimant purporting
to have signed the affidavit.
(5) Unless the court orders otherwise, an affidavit referred to in
subsection (2) is not admissible in evidence unless the prosecutor
has, before the trial or other proceeding, given to the accused a
copy of the affidavit and reasonable notice of intention to provide it
in evidence.
(6) Despite subsection (1), the court may require a claimant who
has purported to have signed an affidavit referred to in subsection
(2) to appear before it for examination or cross-examination in
respect of the statements contained in the affidavit.
1998 cF-1.05 s170