State Codes and Statutes
Statutes > New-hampshire > TITLELI > CHAPTER503 > 503-12
I. Attachments and levies of execution on personal property and real estate may be made on judgments in small claims actions in district courts as provided in RSA 511, RSA 528, and RSA 529.
II. A judgment entered in accordance with this chapter may be secured by real estate by recording or re-recording, at any time during the duration of the judgment, a certified copy of the judgment with the registry of deeds of the county in which the real estate is located.
III. When a small claims judgment secured by real estate is satisfied, the plaintiff or his or her attorney shall deliver to the defendant or owner of the encumbered real estate a discharge thereof. The defendant or owner shall cause the discharge to be recorded and shall pay the register of deeds the recording fee established pursuant to RSA 478:17-g. The failure of the plaintiff to comply with the provisions of this paragraph shall be a violation.
IV. (a) If such plaintiff fails to deliver such discharge of a satisfied small claims judgment within 30 days from receipt of a request to deliver such discharge, or if other exigent circumstances require an immediate discharge, such discharge may be issued by the court in which the judgment was rendered upon presentation of proof that the judgment has been paid in full, in the form of either a bank check, a certified check, an attorney's client funds account check which bears no indication of a stop payment order or return for insufficient funds, or by other equivalent documentary evidence of such receipt of payment.
(b) The discharge shall include the names and addresses of the plaintiff and the defendant, the date and amount of the judgment, the name of the underlying case, and the book and page of recording of the attachment.
(c) The discharge, when recorded, shall constitute a complete discharge of the small claims judgment and a release of the lien created by the recording of the small claims judgment.
(d) Any person who induces a court to execute a discharge in accordance with this paragraph, on the basis of information and statements known to the person to be false, shall be guilty of a class B misdemeanor.
Source. 2008, 340:1, eff. Sept. 5, 2008.
