New Hampshire Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside New Hampshire's Statutes Of Limitations. New Hampshire phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The New Hampshire Fair Debt Collection Consumer Practices Guide summarizes New Hampshire's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
New Hampshire Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under New Hampshire’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under New Hampshire Debt Exemption Law!
New Hampshire Statutes
The state of New Hampshire has NOT opted out of federal bankruptcy
exemptions.
Wages: New Hampshire Revised Statutes Annotated §§ 161-C:11, 512:21.
Homestead: New Hampshire Revised Statutes Annotated §§ 480:1 and :4.
Tangible personal property: New Hampshire Revised Statutes Annotated § 511:2.
Benefits, retirement plans, insurance, judgments, and other intangibles:
New Hampshire Revised Statutes Annotated §§ 511:2 and 512:21. See §§
l00-A:26 and 102:23.
New Hampshire Debt Statutes of Limitation
Your debt may have expired under New Hampshire’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the New Hampshire Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
New Hampshire Debt Statutes of Limitation
Contracts and open accounts: 3 years, (RSA 508:4).
Contracts for the sale of goods under UCC: 4 years, (RSA 382-A: 2- 725).
Notes, defined as negotiable instruments: 6 years (RSA 382-A: 3-118)
Judgments, recognizance, and contracts under seal: 20 years (RSA 508:5)
Notes secured by a mortgage: 20 years and applies even if the mortgage has been foreclosed, (RSA 508:6).
Tolling: Payment on an account tolls the statute.
NOTE: Installment loans allow for separate measurement of the statutory period as each separate payment comes due, unless the loan has been accelerated.
New Hampshire Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under New Hampshire’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under New Hampshire law.
New Hampshire Wage Garnishment Procedural Requirements
The trustee writ shall be an attachment and summons, and shall be served upon the defendant and trustee like a writ of summons, and the goods and eStatutee of the defendant may be attached thereon. N.H. Rev. Statute. Ann. _ 512:3. When a bank, trust company, building and loan association, or similar corporation is named as trustee, the trustee shall be summoned by service on an officer, person in charge, teller, or office employee of such entity at its office if service is made during banking hours, and, if service is made at a time other than banking hours, by service on an officer of such entity, and not otherwise. The trustee so served shall not be chargeable for any goods, rights, or credits of the defendant except as shall be in the hands of the trustee at the time of service. N.H. Rev. Statute. Ann. _ 512:9-b.
Disclosure of trustees may be given or taken by any party to the action at any time after the service of the writ upon the trustee, upon such notice to the adverse party as is required in taking depositions and upon the payment or tender to the trustee of his fees for travel and attendance as in the case of witnesses. N.H. Rev. Statute. Ann. _ 512:12.
If a corporation or partnership is summoned as a trustee, the deposition of the cashier, treasurer or other proper officer or agent of the corporation, or of a member of the partnership, may be taken as the deposition of the trustee. N.H. Rev. Statute. Ann. _ 512:14.
When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant for any balance. N.H. Rev. Statute. Ann. _ 512:36.
All writs and other processes shall at the time that they are served upon the defendant indicate on such writ or process the time, place and mode of service made upon the defendant, and shall further indicate any attachments made upon the property of the defendant and the time, place and method of such attachments. Such information shall be placed upon the writ by the sheriff, deputy sheriff, or other person authorized by law who has made such service. N.H. Rev. Statute. Ann. _ 510:2-a.
Interest Rate at which Judgments Accrue The annual rate of interest on judgments and in all business transactions in which interest is paid or secured, unless otherwise agreed upon in writing, shall equal 10 percent. N.H. Rev. Statute. Ann. _ 336:1.
New Hampshire (Debt Collector) Call Recording Law
Under New Hampshire State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! New Hampshire is a two party consent state, meaning you need the permission of all parties that are on the call to record the conversation. Thus you DO need a debt collector’s permission before you can record your phone conversation with him (or her) in the state of New Hampshire.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.
