Part 5 — Seizure of Personal Property
45 Effecting seizure
seized when a bailiff,
(a) while at the place at which the property is located, serves the
seizure documents on
RSA 2000
(i) the enforcement debtor or an adult member of the
enforcement debtor's household,
(ii) an adult occupying or working at the location at which
the property is located, or
(iii) a person who has possessi on of or control over the
property,
or
(b) subject to the regulations, attaches to the property
documents indicating that the property is seized or posts the
notice of seizure in a conspicuous place at the location at
which the property is located.
(2) Notwithstanding subsection (1), where this or another
enactment sets out a different seizure process in respect of certain
property or classes of property, that property is seized when it is
seized pursuant to that seizure process.
(3) Where a bailiff effects seizure under subsection (1) or under
section 57(1) but at the time of the seizure did not serve the seizure
documents on the enforcement debtor or an adult member of the
debtor's household, an agency must serve the seizure documents on
the debtor as soon after effecting seizure as is practicable.
(4) Notwithstanding subsection (3), if an agency is unable to serve
the seizure documents
(a) on the enforcement debtor, or
(b) on an adult member of the enforcement debtor's household,
the instructing creditor may proceed in the same manner as if the
enforcement debtor had been served with the seizure documents
and had filed a notice of objection in respect of the seizure.
(5) A person is guilty of an offence if that person without lawful
authority removes, damages or otherwise interferes
(a) with seizure documents or identifying documents that are
attached to seized property or posted under subsection
(1)(b), or
(b) with any property that is under seizure.
1994 cC-10.5 s45;1997 c18 s3
RSA 2000