Part 2 — Civil Enforcement Agencies and Bailiffs
9 Civil enforcement agencies
agreement with a person under which that person is authorized to
operate a civil enforcement agency for the purpose of performing
the following functions:
(a) the carrying out of seizures of property pursuant to writ
proceedings or the right of distress;
(b) the carrying out of evictions;
(c) the selling of property that has been seized pursuant to writ
proceedings or the right of distress;
(d) the distribution of the proceeds of sales referred to in clause
(c) to persons who are lawfully entitled to those proceeds;
RSA 2000
(e) the carrying out of any other functions or duties provided for
or permitted under this or any other enactment or an order of
the Court.
(2) In addition to authorizing a person to operate an agency, an
agreement entered into under subsection (1) may contain provisions
(a) setting out the terms and conditions under which an agency
operates,
(b) governing the suspension or cancellation of the agreement
or any of the agency's operations,
(c) governing the rights and powers of the sheriff respecting
access to and the search of any locations and premises of the
agency and the removal of any property from that location
or those premises, and
(d) governing any other matter respecting the authorization to
operate the agency or the operations of the agency.
(3) Unless otherwise permitted by another enactment, only a
person who is an agency may carry out the functions referred to in
(a) subsection (1)(a) to (d), i n the case of civil enforcement
proceedings other than a distress pursuant to a lease of
personal property or a distress under the Personal Property
Security Act, and
(b) subsection (1)(a), in the case of
(i) a distress pursuant to a l ease of personal property, or
(ii) a distress under the Personal Property Security Act other
than by a receiver.
(4) Notwithstanding subsections (1) and (3), an agency shall use
only bailiffs for the purposes of
(a) carrying out seizures,
(b) removing seized property, and
(c) carrying out evictions.
(5) The Court shall not authorize any person who is not an agency
to carry out the functions that are to be performed only by an
agency under subsection (3).
(6) Repealed 2002 c17 s1(4).
RSA 2000
(7) The sheriff may, at the direction of the Minister,
(a) carry out those duties and functions that may be carried out
by an agency, and
(b) exercise those powers that may be exercised by an agency.
(8) Nothing in this section is to be construed to restrict the powers
of a receiver appointed under Part 9.
RSA 2000 cC-15 s9;2002 c17 s1(4)