New Hampshire Motion to Release Payroll Account from Trustee Process

NEW HAMPSHIRE MOTION TO RELEASE PAYROLL ACCOUNT FROM TRUSTEE PROCESS

Before you use this: Use this motion only for funds in an account designated as a payroll account. Identify the account and the money actually held under the trustee writ. Attach records that show the account designation and the amount claimed. The separate wage trustee-process motion addresses wages rather than an account designated for payroll.

State of New Hampshire, [COUNTY] County Superior Court
Case No.: [CASE NUMBER]

Motion to release payroll-account funds

Defendant [FULL NAME] moves for an order determining that the funds identified below are exempt from trustee process under RSA 512:21(XI) and directing [TRUSTEE NAME] to release the exempt amount. In support, Defendant states:

1. Writ and account. The trustee writ in this action was served on [BANK OR OTHER TRUSTEE] on [DATE]. The trustee has identified account [LAST FOUR DIGITS OR OTHER NONSENSITIVE IDENTIFIER] as holding [$ AMOUNT] under the writ. The writ and trustee disclosure or notice are attached as Exhibits [__].

2. Payroll designation. The account is designated as a payroll account, as shown by [ACCOUNT AGREEMENT / BANK LETTER / ACCOUNT TITLE / OTHER RECORD]. The supporting record is attached as Exhibit [__]. Defendant is the account holder, as shown by [ACCOUNT RECORD].

3. Amount claimed. Defendant claims that [$ AMOUNT] of the money, rights, or credits held under this writ is in that designated payroll account. The amount is supported by [DATED ACCOUNT STATEMENT / TRUSTEE DISCLOSURE / OTHER RECORD], attached as Exhibit [__]. If the trustee holds any funds in a different account, Defendant does not include those funds in this request.

4. Exemption. RSA 512:21(XI) exempts money, rights, and credits of a defendant deposited in an account designated as a payroll account from trustee process. On the facts stated in the attached affidavit, Defendant requests a determination that the amount in paragraph 3 falls within that exemption.

Defendant asks the Court to order [TRUSTEE NAME] to release [$ AMOUNT] to [RECIPIENT], identify any remaining disputed amount, and grant any further relief supported by the record.

Good faith concurrence attempt (Rule 11(c)): On [DATE], I asked [OPPOSING COUNSEL OR SELF-REPRESENTED PARTY] by [METHOD] to agree to this relief. The response was [RESPONSE / NO RESPONSE AS OF DATE]. I certify that this was a good faith attempt to obtain concurrence.

Date: [__/__/____]
Signature: ______________________________
Printed name: [NAME]
Address, telephone, and email: [CONTACT INFORMATION]

Affidavit supporting factual grounds

I, [FULL NAME], being duly sworn, state from personal knowledge:

1. I am [DEFENDANT / PERSON WITH PERSONAL KNOWLEDGE OF THE ACCOUNT].
2. The account identified in paragraph 2 of the motion is designated as a payroll account. I know this because [FACTUAL BASIS].
3. As of [DATE], the trustee held [$ AMOUNT] in that account under the writ in this case. I know this from [TRUSTEE NOTICE / ACCOUNT RECORD / OTHER BASIS].
4. The attached account-designation and balance records are [DESCRIBE RECORDS AND HOW OBTAINED].

Affiant signature: ______________________________
Date: [__/__/____]

Subscribed and sworn before me on [__/__/____] by [NAME].

Notary public: ______________________________
Commission expires: [DATE]

Copy delivery statement

I furnished a copy of this motion and its exhibits to [OTHER COUNSEL / SELF-REPRESENTED PARTY] at [ADDRESS OR AUTHORIZED ELECTRONIC DESTINATION] by [METHOD] on [DATE]. I furnished a copy to [OTHER RECIPIENT, IF REQUIRED] by [METHOD] on [DATE].

Signature: ______________________________
Date: [__/__/____]

Sources and references

• RSA 512:21, trustee-process exemptions
• Superior Court Civil Rule 11
• Superior Court Civil Rule 3