New Hampshire Revised Statutes 568:43 – Procedure
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Terms Used In New Hampshire Revised Statutes 568:43
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- oath: shall include "affirmation" in all cases where by law an affirmation may be substituted for an oath; and, in like cases, the word "sworn" shall include the word "affirmed. See New Hampshire Revised Statutes 21:24
- Oath: A promise to tell the truth.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probate: Proving a will
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
The judge of probate, upon petition, under oath of any creditor or creditors of a debtor residing in the county, setting forth that the debtor is owing the petitioner or petitioners $300 or more, that his property within the state, not exempt from attachment, is in their belief insufficient to pay his debts, and that they are not entitled to proceed under the Bankruptcy Act, shall appoint a time and place of hearing and cause the petitioner to give notice thereof to the debtor. If, after the hearing, the facts set forth in the petition are found to be true, the judge shall adjudge the debtor insolvent and issue his warrant to the sheriff of the county or one of his deputies, directing him forthwith as messenger to take possession of all the estate, real and personal, of the debtor not exempt from attachment and to safely keep the same until further order of the court. The judge may also order the debtor to return a list of his creditors and a schedule of his property, each verified by his oath, within a prescribed period of time.