Part 4 — Judgments and Writs Division 1 Registration
35 Priority between writs and security interests
interest in personal property is subordinate to a writ that binds the
property regardless of whether the security interest attaches before
or after the personal property became bound by registration of the
writ in the Personal Property Registry.
(2) Subject to section 35(6) of the Personal Property Security Act,
a perfected security interest in personal property has priority over a
writ that binds the property if
(a) the collateral is investment property and the secured party
has perfected by control, or
(b) at the time the wr it is registered in the Personal Property
Registry,
(i) the security interest is perfected,
(ii) the security interest is reg istered in the Personal Property
Registry, or
(iii) the secured party, or a person acting on behalf of the
secured party, has possession of the personal property
under section 24 of the Personal Property Security Act.
(3) A perfected purchase-money security interest in personal
property has priority over a writ that bound the personal property
before the purchase-money security interest was registered or
perfected if the security interest was perfected not later than 15
days from the day that
(a) the debtor, or another person at the request of the debtor,
obtains possession of the collateral, or
(b) the security interest attach es, in the case of an intangible.
(4) A perfected security interest in serial number goods that are
consumer goods or equipment has priority over a writ binding the
goods if the goods are not described by serial number entered into
RSA 2000
the field labelled for the receipt of serial numbers in the registration
of the writ in the Personal Property Registry at the time
(a) the security interest is reg istered in the Personal Property
Registry, or
(b) the secured party, or a person acting on behalf of the secured
party, obtains possession of the personal property under
section 24 of the Personal Property Security Act.
(5) Where
(a) the registration of a writ in the Personal Property Registry
(i) lapses as a result of a fa ilure to renew the registration, or
(ii) has been discharged in error or without authorization,
and
(b) the writ is re-registered w ithin 30 days after the lapse or
discharge,
the lapse or discharge of the writ does not affect the priority status
of the writ in relation to a competing perfected security interest that
immediately prior to the lapse or discharge of the writ had a
subordinate priority position, except to the extent that the
competing security interest secures advances made or contracted
for after the lapse or discharge and prior to the re-registration of the
writ.
(6) The priority of a writ in relation to a security interest in
personal property as provided by this or any other Act is not
affected by measures taken to enforce the security interest or the
writ.
RSA 2000 cC-15 s35;2002 c17 s1(8);2023 c5 s2