New Hampshire Revised Statutes 384-G:14 – Enforcement
Current as of: 2023 | Check for updates
|
Other versions
I. Subject to federal preemption where applicable, the bank commissioner shall administer and enforce the provisions of this chapter. The bank commissioner may take enforcement action to remedy any act or practice which violates this chapter, including injunctive relief and restitution.
II. Any borrower injured by any such act or practice in violation of N.H. Rev. Stat. Chapter 384-G may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper, against a bank. A prevailing plaintiff shall be awarded reasonable attorneys’ fees and costs, as determined by the court. If the court finds that an action initiated by the plaintiff under this paragraph was frivolous, the court shall give reasons thereof in writing and may assess reasonable attorneys’ fees and costs.
II. Any borrower injured by any such act or practice in violation of N.H. Rev. Stat. Chapter 384-G may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper, against a bank. A prevailing plaintiff shall be awarded reasonable attorneys’ fees and costs, as determined by the court. If the court finds that an action initiated by the plaintiff under this paragraph was frivolous, the court shall give reasons thereof in writing and may assess reasonable attorneys’ fees and costs.
Terms Used In New Hampshire Revised Statutes 384-G:14
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.