Part 5 — Seizure of Personal Property
48 Sale of property, etc.
following applies:
(a) subject to clauses (h) and (i), property must not be sold until
the period of time for serving on the agency a notice of
objection with respect to the seizure of the property has
expired;
(b) subject to clause (a), an ag ency must sell the property as
soon after being instructed to do so as is practicable;
(c) the agency may delay the sale if it is commercially
reasonable to do so;
(d) subject to this Part, the agency may without an order of the
Court sell the property by any commercially reasonable
method;
(e) the agency must, at least 15 days before the day on which
the sale is to take place, give notice to the instructing
creditor and the enforcement debtor of the method of sale
being used;
(f) the agency may sell the property to an enforcement creditor
by private sale if
(i) at least 15 days before t he day of the sale, the agency
gives notice of the terms of the sale to
(A) the enforcement debtor, and
(B) all of the other enforcement creditors having related
writs at the time that the notice is given,
and
(ii) within the 15-day period neither the enforcement debtor
nor any of the enforcement creditors having related writs
serves on the agency a notice of objection to the sale;
RSA 2000
(g) if an objection to a private sale is served on the agency in
accordance with clause (f)(ii), the matter shall be dealt with
in the same manner as a notice of objection is dealt with
under section 46;
(h) on application the Court ma y by order permit the agency to
effect an expeditious sale or disposal of property where the
Court is of the opinion that in the circumstances it is
appropriate to sell or dispose of the property in an
expeditious manner;
(i) notwithstanding clauses (a) and (e), the agency may at any
time without an order of the Court effect an expeditious sale
of property that is perishable or is rapidly declining in value
or an instrument or a security, and the proceeds arising from
that sale
(i) stand in the place of the i nstrument, security or property
that was sold, and
(ii) must not be distributed until the period for the
enforcement debtor to serve a notice of objection under
section 46 has expired;
(j) subject to section 34(2), when property is sold,
(i) the buyer obtains only the interest in the property
(A) of the enforcement debtor, and
(B) of any other person with an interest in the property
who has consented to the sale or disposition of the
interest,
and
(ii) the sale of the property does not adversely affect the
rights or interest of any other person in the property.
RSA 2000 cC-15 s48;2002 c17 s1(10);
2006 cS-4.5 s107