New Hampshire Revised Statutes 264:4-a – Form of Security; Periodic Payments
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I. The director shall consider whether an individual subject to suspension of license and registration certificate and surrender of registration plates under N.H. Rev. Stat. § 264:3 has the ability to pay the security required under N.H. Rev. Stat. § 264:4 in full. If the individual does not have the ability to pay in full, the director shall order the individual to make such periodic payments as the director in his or discretion deems appropriate. The director shall not suspend the individual’s license and registration certificate nor require surrender of the individual’s registration plates provided the individual makes the periodic payments as ordered.
II. The director shall not order periodic payments from any income that is exempt from execution, levy, attachment, garnishment, or other legal process. If the individual does not have any income that is not exempt from execution, levy, attachment, garnishment, or other legal process, the director shall not suspend the individual’s license and registration certificate nor require surrender of the individual’s registration plates.
III. If the individual subject to suspension of license and registration certificate and surrender of registration plates under N.H. Rev. Stat. § 264:3 fails to pay any periodic payments as ordered by the director under paragraph I, then upon notice of such default the director shall suspend the license and registration certificate and require surrender of the registration plates until all payments have been made as ordered.
IV. The aggrieved person or his or her legal representative may request review of the director’s order requiring periodic payments not sooner than 6 months from the date of the order.
V. The individual ordered to make periodic payments may request review of the director’s order upon change in his or her circumstances.
VI. Nothing in this section shall relieve the individual subject to suspension of license and registration certificate and surrender of registration plates under N.H. Rev. Stat. § 264:3 from the requirement to give and maintain proof of financial responsibility in the future.
VII. The director shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The periodic payment hearing process.
(b) A definition of the ability to pay.
(c) Process for minors subject to suspension under this section.
II. The director shall not order periodic payments from any income that is exempt from execution, levy, attachment, garnishment, or other legal process. If the individual does not have any income that is not exempt from execution, levy, attachment, garnishment, or other legal process, the director shall not suspend the individual’s license and registration certificate nor require surrender of the individual’s registration plates.
Terms Used In New Hampshire Revised Statutes 264:4-a
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Certificate: shall mean :
I. See New Hampshire Revised Statutes 259:9 - Director: shall mean the director of the division of motor vehicles of the department of safety. See New Hampshire Revised Statutes 259:20
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- License: shall mean any driver's license or any other license or permit to drive a vehicle issued under the laws of this state or a reciprocating state including:
I. See New Hampshire Revised Statutes 259:48 - Person: shall mean the same as provided in N. See New Hampshire Revised Statutes 259:74
- Suspension: shall mean the temporary withdrawal by formal action of the department or of a court of competent jurisdiction of a person's driver's license or privilege to drive a vehicle on the ways of this state, or any other license, registration or permit issued by the department, which temporary withdrawal shall be for a period specifically designated by the department or court and until the reissuance of the license, registration, permit or privilege. See New Hampshire Revised Statutes 259:107
III. If the individual subject to suspension of license and registration certificate and surrender of registration plates under N.H. Rev. Stat. § 264:3 fails to pay any periodic payments as ordered by the director under paragraph I, then upon notice of such default the director shall suspend the license and registration certificate and require surrender of the registration plates until all payments have been made as ordered.
IV. The aggrieved person or his or her legal representative may request review of the director’s order requiring periodic payments not sooner than 6 months from the date of the order.
V. The individual ordered to make periodic payments may request review of the director’s order upon change in his or her circumstances.
VI. Nothing in this section shall relieve the individual subject to suspension of license and registration certificate and surrender of registration plates under N.H. Rev. Stat. § 264:3 from the requirement to give and maintain proof of financial responsibility in the future.
VII. The director shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The periodic payment hearing process.
(b) A definition of the ability to pay.
(c) Process for minors subject to suspension under this section.