Section 161-C:13 Distraint, Seizure and Sale of Property Subject to Liens. - New Hampshire Statutes

   I. Whenever a support lien has been filed pursuant to RSA 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.

Source. 1977, 589:1. 1983, 291:1, II. 1985, 331:16, 17. 1995, 310:175, 181, 183. 1996, 297:6, eff. June 10, 1996.