New Hampshire Revised Statutes 161-C:13 – Distraint, Seizure and Sale of Property Subject to Liens
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I. Whenever a support lien has been filed pursuant to N.H. Rev. Stat. § 161-C:10 the commissioner may collect the support debt stated in said lien by the distraint, seizure and sale of the property subject to said lien. The commissioner shall serve notice to the responsible parent and any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of said property.
II. A notice specifying the property to be sold shall be posted in at least 2 public places in the county wherein the distraint has been made. Except for good cause shown, the time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. In no event shall a sale of property take place under this chapter until 20 days after the responsible parent has received notice of such parent’s rights to contest the proceeding. The sale shall be conducted by the commissioner or designee who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale. If the amount bid for such property at the sale is not equal to the price so fixed, the commissioner may declare such property to be purchased by the department for such price and pay off all prior mortgages and liens or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the responsible parent’s account shall be credited with the amount for which the property has been sold after paying off prior mortgages or liens. In lieu of any such sale, the seized property may be distributed in accordance with the rules for distribution established by the department.
III. Property acquired by the department as prescribed in this section may be sold by the commissioner or designee at public or private sale and the amount realized shall be placed in an appropriate state fund to the credit of the department of health and human services. In all cases of sale under this section, the commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of the commissioner’s proceeding in making the sale and shall transfer to the purchaser all right, title and interest of the debtor in the property. The proceeds of any such sale, except in those cases in which the property has been acquired by the department, shall be first applied by the commissioner to pay off prior mortgages or liens, then to reimbursement of the costs of distraint and sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the debtor.
IV. Distraint, seizure, and sale under this section may be carried out by law enforcement personnel and any other agents so authorized by the department.
II. A notice specifying the property to be sold shall be posted in at least 2 public places in the county wherein the distraint has been made. Except for good cause shown, the time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. In no event shall a sale of property take place under this chapter until 20 days after the responsible parent has received notice of such parent’s rights to contest the proceeding. The sale shall be conducted by the commissioner or designee who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale. If the amount bid for such property at the sale is not equal to the price so fixed, the commissioner may declare such property to be purchased by the department for such price and pay off all prior mortgages and liens or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the responsible parent’s account shall be credited with the amount for which the property has been sold after paying off prior mortgages or liens. In lieu of any such sale, the seized property may be distributed in accordance with the rules for distribution established by the department.
Terms Used In New Hampshire Revised Statutes 161-C:13
- Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, money market mutual fund account, or brokerage account. See New Hampshire Revised Statutes 161-C:2
- 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
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the New Hampshire department of health and human services. See New Hampshire Revised Statutes 161-C:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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. Property acquired by the department as prescribed in this section may be sold by the commissioner or designee at public or private sale and the amount realized shall be placed in an appropriate state fund to the credit of the department of health and human services. In all cases of sale under this section, the commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of the commissioner’s proceeding in making the sale and shall transfer to the purchaser all right, title and interest of the debtor in the property. The proceeds of any such sale, except in those cases in which the property has been acquired by the department, shall be first applied by the commissioner to pay off prior mortgages or liens, then to reimbursement of the costs of distraint and sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the debtor.
IV. Distraint, seizure, and sale under this section may be carried out by law enforcement personnel and any other agents so authorized by the department.