14 Evidence required
Court in its discretion otherwise orders, shall
(a) show that the applicant ha s obtained a judgment as set out in
section 11 and state the amount of it and the amount owing
on it at the date of the application,
RSA 2000
(b) show that the applicant has issued a writ of enforcement,
and that
(i) a civil enforcement agen cy has made a return showing
that no goods of the judgment debtor that are liable to be
seized in satisfaction of the judgment debt could be
found, or
(ii) the amount realized on the sale of goods seized or
otherwise realized under the writ was insufficient to
satisfy the judgment, stating the amount so realized, and
the balance remaining due on the judgment after
application on it of the amount realized,
(c) show either
(i) that the applicant has pursuant to the law for that
purpose caused the judgment debtor to be examined
touching the judgment debtor's estate and effects and the
judgment debtor's property and means, or
(ii) that the applicant is unable to examine the judgment
debtor and why the applicant is unable to do so,
(d) show that the applicant has made searches and inquiries to
ascertain whether the judgment debtor is possessed of
assets, real or personal, that are liable to be sold or applied
in satisfaction of the judgment, and
(e) show that by those searches, inquiries and examination
(i) the applicant has learned of no assets, real or personal,
possessed by the judgment debtor and liable to be sold or
applied in satisfaction of the judgment debt, or
(ii) the applicant has learned of certain assets, which the
applicant must describe, owned by the judgment debtor
and liable to be seized or applied in satisfaction of the
judgment, and has taken all necessary actions and
proceedings for the realization of it, and that the amount
realized by it was insufficient to satisfy the judgment,
stating the amount so realized, and the balance
remaining due on the judgment after application of the
amount realized.
RSA 1980 cD-38 s14;1994 cC-10.5 s122