Terms Used In New Hampshire Revised Statutes 498:5-b

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
In any action brought under the provisions of N.H. Rev. Stat. § 498:5-a, if the plaintiff therein alleges that there are or that he believes there are or that there may be persons who have or may have some estate or interest in such real or personal property, but such persons cannot be located and are unknown to the plaintiff, and describes the actual or possible estate or interest of such person or persons, and how derived, so far as may be known to him from the available land records or otherwise, or if the party who may have an interest or estate in such property is a corporation whose corporate existence has been legally terminated or such corporation is no longer in existence or doing business, and in the complaint the plaintiff describes as parties defendant “the unknown persons who claim any interest or estate in and to the subject matter of this action,” it shall not be necessary to set forth therein any further description of such unknown persons. If the plaintiff or his attorney annexes to the complaint in such action an affidavit setting forth such facts and in addition sets forth the efforts which were made to ascertain the names and addresses as well as the interest or estates of such unknown persons, the court to which such action is brought may make such order relative to the notice which shall be given in such cause as such court deems reasonable. Such notice, having been given according to the order and duly proven, shall be sufficient to confer jurisdiction of all such unknown persons and the court may proceed to a hearing of the cause at the first term or session, or afterwards as it deems proper. Such court in its discretion may appoint any guardian or other person to represent such unknown persons under any legal disabilities and all such persons shall be concluded by any decree or judgment in respect to the real or personal property involved in such action.