New Hampshire Motion to Release Exempt Wages from Trustee Process

New Hampshire Motion to Release Exempt Wages from Trustee Process

Before you use this: This motion addresses wages held under a trustee writ in a Superior Court civil case. Identify when the employer received the writ and when each disputed wage amount was earned. RSA 512:21 treats wages earned after service differently from wages earned before it. Have counsel review any loan contract governed by RSA 399-A or other special debt before using this form.

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

Motion to release exempt wages from trustee process

Defendant [NAME] asks the Court to determine that the wages identified below are exempt from trustee process under RSA 512:21, direct [TRUSTEE / EMPLOYER] to release the exempt amount, and provide any further relief supported by the record.

1. Writ and trustee. The writ in this case was served on [EMPLOYER OR TRUSTEE] on [DATE AND TIME, IF KNOWN]. The trustee is holding [$ AMOUNT] attributable to my wages. Attached are the writ, trustee disclosure or notice, and relevant pay records.

2. Pay periods. The disputed wages were earned during [DATES]. The employer paid or was scheduled to pay them on [DATES]. The attached schedule identifies each workweek, gross wages, amount held, and whether the work occurred before or after service of the writ.

3. Wages earned after service. [$ AMOUNT] was earned for work performed after the writ was served on the trustee. I ask the Court to recognize that amount as exempt under RSA 512:21(I).

4. Wages earned before service. [$ AMOUNT] was earned before service. The action is ☐ not founded on a debt on a judgment issued by a New Hampshire court, and no special loan-contract provision in RSA 512:21(IX)-(X) applies, so I claim those wages exempt under § 512:21(II) ☐ founded on such a judgment, entered by [COURT] on [DATE], and I claim the protected amount for each workweek under § 512:21(II). For a judgment case, my schedule identifies the federal minimum hourly wage used, multiplies it by 50 for each week, and compares that amount with the pre-service wages held. I request release of [$ AMOUNT] as the protected portion.

5. Requested disposition. I ask for an order identifying the exempt amount by pay period, directing the trustee to pay that amount to me, and addressing any disputed balance. The records supporting the requested amount are [LIST ATTACHMENTS].

Good faith attempt to obtain concurrence (Rule 11(c)): On [DATE], I asked [OPPOSING COUNSEL OR PARTY] by [METHOD] to agree to this relief. The response was [RESPONSE / NO RESPONSE BY 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, [NAME], being duly sworn, state from personal knowledge that paragraphs 1 through 4 above are true and that the attached copies of [LIST DOCUMENTS] accurately reflect the records I received or kept. The employer's service date is shown by [SOURCE]. For wages spanning the service date, the attached schedule separates work performed before and after service using [TIME RECORDS OR OTHER BASIS].

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 attachments 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 and Rule 3