New Hampshire § 161-C:12 Order to Withhold and Deliver

New Hampshire Statutes

§ 161-C:12 — Order to Withhold and Deliver

New Hampshire·Title XII PUBLIC SAFETY AND WELFARE·Ch. 161-C ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT FOR DEPENDENT CHILDREN·Subdivision Collection of Support Debt

I.An order to withhold and deliver property of any kind, including but not restricted to earnings which are due, owing or belonging to a responsible parent, may be served on any person when the commissioner has reason to believe that there is in the possession of any such person property which is due, owing or belonging to the debtor.

II.The commissioner may serve an order to withhold and deliver when a notice of debt has been served in accordance with RSA 161-C:7, or 21 days have elapsed from the date since a decision has been served under RSA 161-C:9. Service under this section may be made by law enforcement personnel or other agents authorized by the department.

III.The order to withhold and deliver shall also be served on the responsible parent.

IV.The order to withhold and deliver

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I. An order to withhold and deliver property of any kind, including but not restricted to earnings which are due, owing or belonging to a responsible parent, may be served on any person when the commissioner has reason to believe that there is in the possession of any such person property which is due, owing or belonging to the debtor.
II. The commissioner may serve an order to withhold and deliver when a notice of debt has been served in accordance with RSA 161-C:7, or 21 days have elapsed from the date since a decision has been served under RSA 161-C:9. Service under this section may be made by law enforcement personnel or other agents authorized by the department.
III. The order to withhold and deliver shall also be served on the responsible parent.
IV. The order to withhold and deliver shall state the amount of the support debt accrued and accruing and the terms of RSA 161-C:11 and 19 and shall demand a listing of property, including wages, which is due or belongs to the responsible parent.
V. Any person served with an order to withhold and deliver shall answer the order within 20 days of service of the order and shall make true answers to the matters inquired of therein.
VI. Any person served with an order to withhold and deliver shall withhold immediately any property, including wages, due to or belonging to the responsible parent. After 20 days from the date of service of this order and upon demand of the commissioner, the property of the responsible parent shall be delivered forthwith to the commissioner.
VII. If the money is due under an express or implied contract or if money is held subject to withdrawal by the responsible parent, the money shall be delivered by check, payable to the department.
VIII. Instead of the property of the responsible parent, the commissioner may accept a bond conditioned upon final determination of liability.
IX. Delivery to the commissioner of the money or other property held or claimed shall satisfy the requirement of the order to withhold and deliver. Delivery to the commissioner shall serve as full acquittance and the state warrants and represents that it shall defend and hold harmless for such action persons withholding and/or delivering money or property to the commissioner pursuant to this chapter from and against any and all liability resulting from said delivery.

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