New Hampshire Debtor Examination: How to Find What the Debtor Owns
Why Asset Discovery Matters
You won your judgment, but you do not know where the debtor's money is. Without that information, you cannot pick the right enforcement tool — a bank attachment is useless if you do not know which bank they use, and a writ of execution is pointless if the debtor owns nothing worth seizing.
The debtor examination in New Hampshire happens during the periodic payment hearing under RSA 524:6-a and District Division Rules 4.10 and 1.21. It is the primary court-sanctioned way to require a debtor to disclose their financial picture under oath.
How to Get the Debtor Into Court
File a Motion for Periodic Payments (Form NHJB-2364-DPe) through TurboCourt. The filing fee is $25. Serve the debtor with the Order of Notice by sheriff in-hand or certified mail, restricted delivery. Once served, the debtor is legally required to appear at the hearing.
What Form NHJB-2328-DFPe Covers
At the hearing, the debtor must complete and submit a Statement of Assets and Liabilities under oath. The form covers:
- Bank accounts — Names, institutions, and approximate balances of every checking, savings, and investment account
- Employment income — Employer name, pay frequency, gross and net earnings
- Real estate — Any property owned in New Hampshire or elsewhere, with approximate equity
- Vehicles and personal property — Make, model, year, and estimated value of vehicles, equipment, and other significant assets
- Debts and expenses — Monthly obligations including rent, utilities, loans, child support, and insurance
- Other income sources — Rental income, self-employment income, retirement distributions, government benefits
The form is confidential under District Division Rule 1.26 — non-parties cannot access it. But as the judgment creditor, you get full access to review every line.
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Examining the Debtor Under Oath
The hearing is not just a form-filling exercise. You can question the debtor directly about their finances. Formal rules of evidence do not apply, which means you can ask broad questions without worrying about objections.
Useful questions to ask:
- Do you have any bank accounts not listed on the form? Where do you deposit your paychecks?
- Do you own any vehicles, boats, or equipment? Are there any loans against them?
- Do you own real estate in any county in New Hampshire or any other state?
- Has anyone owed you money or held property for you?
- Have you transferred any property or assets to anyone else since the judgment was entered?
The goal is to identify which enforcement tool will actually reach the debtor's money — whether that is trustee process against a specific bank account, a writ of execution against personal property, or a judgment lien on real estate.
Public Records You Can Check Before the Hearing
You do not have to wait for the hearing to start researching. These public sources are available to any creditor:
- Registry of Deeds — Search the county registry databases online for real property owned by the debtor
- Municipal tax assessors — Property tax records reveal assessed values and ownership
- Secretary of State Corporate Division — Check for business ownership interests if the debtor runs a company
What you cannot do: impersonate a government official, access private financial systems without a court order, or use pretexting to obtain bank account information.
If the Debtor Does Not Show Up
A debtor who was properly served and fails to appear faces an Order of Arrest (Capias). Law enforcement brings them to court to show cause. The court takes no-shows seriously — the distinction is between someone who genuinely cannot pay and someone who is ducking the process.
For a complete guide to every step after winning a judgment — from this financial examination through bank attachments, writs of execution, and case closure — see our Collecting a Small Claims Judgment in New Hampshire guide.
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