New Hampshire Revised Statutes 161-C:12 – Order to Withhold and Deliver
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I. An order to withhold and deliver property of any kind, including but not restricted to earnings which are due, owing or belonging to a responsible parent, may be served on any person when the commissioner has reason to believe that there is in the possession of any such person property which is due, owing or belonging to the debtor.
II. The commissioner may serve an order to withhold and deliver when a notice of debt has been served in accordance with N.H. Rev. Stat. § 161-C:7, or 21 days have elapsed from the date since a decision has been served under N.H. Rev. Stat. § 161-C:9. Service under this section may be made by law enforcement personnel or other agents authorized by the department.
III. The order to withhold and deliver shall also be served on the responsible parent.
IV. The order to withhold and deliver shall state the amount of the support debt accrued and accruing and the terms of N.H. Rev. Stat. § 161-C:11 and 19 and shall demand a listing of property, including wages, which is due or belongs to the responsible parent.
V. Any person served with an order to withhold and deliver shall answer the order within 20 days of service of the order and shall make true answers to the matters inquired of therein.
VI. Any person served with an order to withhold and deliver shall withhold immediately any property, including wages, due to or belonging to the responsible parent. After 20 days from the date of service of this order and upon demand of the commissioner, the property of the responsible parent shall be delivered forthwith to the commissioner.
VII. If the money is due under an express or implied contract or if money is held subject to withdrawal by the responsible parent, the money shall be delivered by check, payable to the department.
VIII. Instead of the property of the responsible parent, the commissioner may accept a bond conditioned upon final determination of liability.
IX. Delivery to the commissioner of the money or other property held or claimed shall satisfy the requirement of the order to withhold and deliver. Delivery to the commissioner shall serve as full acquittance and the state warrants and represents that it shall defend and hold harmless for such action persons withholding and/or delivering money or property to the commissioner pursuant to this chapter from and against any and all liability resulting from said delivery.
II. The commissioner may serve an order to withhold and deliver when a notice of debt has been served in accordance with N.H. Rev. Stat. § 161-C:7, or 21 days have elapsed from the date since a decision has been served under N.H. Rev. Stat. § 161-C:9. Service under this section may be made by law enforcement personnel or other agents authorized by the department.
Terms Used In New Hampshire Revised Statutes 161-C:12
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commissioner: means the commissioner of the New Hampshire department of health and human services, or his designee or authorized representative. See New Hampshire Revised Statutes 161-C:2
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the New Hampshire department of health and human services. See New Hampshire Revised Statutes 161-C:2
- Earnings: means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets but does not include payments by any department or division of the state or federal government based upon inability to work or obtain employment. See New Hampshire Revised Statutes 161-C:2
- Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the state or instrumentality of the state. See New Hampshire Revised Statutes 161-C:2
- Responsible parent: means the natural or adoptive parent of a dependent child. See New Hampshire Revised Statutes 161-C:2
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The order to withhold and deliver shall also be served on the responsible parent.
IV. The order to withhold and deliver shall state the amount of the support debt accrued and accruing and the terms of N.H. Rev. Stat. § 161-C:11 and 19 and shall demand a listing of property, including wages, which is due or belongs to the responsible parent.
V. Any person served with an order to withhold and deliver shall answer the order within 20 days of service of the order and shall make true answers to the matters inquired of therein.
VI. Any person served with an order to withhold and deliver shall withhold immediately any property, including wages, due to or belonging to the responsible parent. After 20 days from the date of service of this order and upon demand of the commissioner, the property of the responsible parent shall be delivered forthwith to the commissioner.
VII. If the money is due under an express or implied contract or if money is held subject to withdrawal by the responsible parent, the money shall be delivered by check, payable to the department.
VIII. Instead of the property of the responsible parent, the commissioner may accept a bond conditioned upon final determination of liability.
IX. Delivery to the commissioner of the money or other property held or claimed shall satisfy the requirement of the order to withhold and deliver. Delivery to the commissioner shall serve as full acquittance and the state warrants and represents that it shall defend and hold harmless for such action persons withholding and/or delivering money or property to the commissioner pursuant to this chapter from and against any and all liability resulting from said delivery.