New Hampshire Trustee Disclosure Objection and Earnings Exemption Request

New Hampshire Trustee Disclosure Objection and Earnings Exemption Request

Before filing: Use this objection after receiving a trustee disclosure in a New Hampshire trustee process action. RSA 512:18-a gives the defendant 30 days from receipt of the disclosure to file a written objection; the court then schedules an evidentiary hearing on the trustee's chargeability. Identify when the writ was served on the trustee and when the wages were earned. This form addresses the disclosure; the separate motion to release exempt wages addresses a release request without depending on that disclosure period. Confirm the court's filing and service instructions for this case.

Court: [NAME OF COURT]

County or judicial district: [COUNTY OR DISTRICT], New Hampshire

Case number: [NUMBER]

Written objection and motion for exemption determination

I, [DEFENDANT], object to the trustee disclosure filed by [TRUSTEE] under RSA 512:18-a. I received the disclosure on [__/__/____] and ask the court to schedule an evidentiary hearing to determine the trustee's chargeability and the earnings protected by RSA 512:21.

1. Writ and disclosure. The writ was served on the trustee on [__/__/____]. The trustee disclosed [AMOUNT AND DESCRIPTION] on [__/__/____]. The disputed amount is [AMOUNT], attributable to wages for the workweeks [DATES].
2. Type of underlying claim. The plaintiff's action is ☐ not founded on a judgment issued by a New Hampshire court ☐ founded on a judgment issued by a New Hampshire court, dated [__/__/____], in case [NUMBER] ☐ founded on a loan contract subject to RSA 399-A ☐ another claim: [DESCRIBE]. I attach the relevant complaint or judgment so the court can identify the correct branch of RSA 512:21.
3. Earnings after service. I claim exemption under RSA 512:21(I) for wages earned from labor performed after the writ was served on the trustee. Those wages are [DESCRIBE PAY PERIODS AND AMOUNTS].
4. Earnings before service. I claim exemption under RSA 512:21(II) for wages earned before service of the writ. If this action is founded on a New Hampshire court judgment, I ask the court to apply that paragraph's weekly exempt amount and determine any amount remaining chargeable. If the RSA 399-A loan-contract provisions apply, I ask the court to consider the distinct exemptions in RSA 512:21(IX)-(X) based on the facts stated here: [FACTS].
5. Supporting records. Attached are [TRUSTEE DISCLOSURE; WRIT; PAY STUBS; EMPLOYER PAY-PERIOD RECORDS; JUDGMENT OR COMPLAINT; OTHER RECORDS]. A workweek schedule identifies the date work was performed, gross wages, required deductions, amount held, and amount I claim exempt.

I request an evidentiary hearing, a determination of the trustee's chargeability under RSA 512:18-a, and an order releasing any earnings the court finds exempt under RSA 512:21.

Good faith attempt to obtain concurrence (Superior Court Civil Rule 11(c) or Circuit Court—District Division Rule 1.8(C), as applicable): I asked [PLAINTIFF OR COUNSEL] on [__/__/____] by [METHOD] to agree to this relief. The response was [RESPONSE / NO RESPONSE BY DATE]. I certify that I made this attempt in good faith. [For a Circuit Court case, review Rule 1.8(C)'s exceptions before completing this certification.]

Defendant's signature: ______________________________ Date: [__/__/____]

Printed name: [NAME]

Address: [STREET, CITY, STATE, ZIP]

Phone: [NUMBER] Email: [EMAIL]

Affidavit supporting factual grounds

I, [NAME], being duly sworn, state from personal knowledge that the dates, amounts, workweeks, and records described in paragraphs 1 through 5 above are true to the best of my knowledge. I received the trustee disclosure on [__/__/____] by [METHOD]. The employer's service date and the timing of my work are shown by [IDENTIFY ATTACHED RECORDS AND HOW I KNOW THESE FACTS].

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

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

Notary public: ______________________________ Commission expires: [DATE]

Service record

I furnished a copy of this objection and its attachments to all other counsel and any self-represented party, including [NAMES AND ADDRESSES], by [METHOD] on [__/__/____], under [Superior Court Civil Rule 3(a) / Circuit Court—District Division Rule 1.3-A(A), as applicable]. I also sent a copy to [TRUSTEE OR COUNSEL] by [METHOD] on [__/__/____].

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

Official sources

• RSA chapter 512, especially §§ 512:3 and 512:18-a
• RSA 512:21, trustee process exemptions
• Superior Court Civil Rule 11, motions
• Superior Court Civil Rule 3, filing copies
• Circuit Court—District Division Rule 1.8, motions
• Circuit Court—District Division Rule 1.3-A, copies to parties