New Hampshire Motion for Periodic Payments: RSA 524:6-a Explained

Why This Motion Is Your Starting Point

In most states, collecting a judgment starts with wage garnishment or a bank levy. In New Hampshire, the first move for most creditors is a Motion for Periodic Payments under RSA 524:6-a. This is because New Hampshire does not allow standard wage garnishment for civil judgments — the Periodic Payments motion is how the court orders a debtor to start paying you from their earnings.

The motion does double duty. It gets you a court-ordered payment schedule, and it forces the debtor to disclose their financial situation under oath. That disclosure often reveals bank accounts and assets you can target with other enforcement tools if the payment order is not enough.

Filing the Motion Step by Step

Wait 30 days first. Under NH Supreme Court Rule 7, the debtor has 30 days from the date of the clerk's written notice of decision to appeal. You cannot file this motion until the appeal window closes. If no appeal is filed, the judgment becomes final on Day 31.

Step 1: E-file through TurboCourt. Submit Form NHJB-2364-DPe (Motion for Periodic Payments) through the Judicial Branch e-Court portal. The filing fee is $25. You do not need an unsatisfied Writ of Execution as a prerequisite.

Step 2: Get the Order of Notice. Once the court accepts your motion, it generates an Order of Notice with a hearing date and time.

Step 3: Serve the debtor. You must serve the Order of Notice and a copy of the motion on the debtor by one of two methods:

• In-hand service by a county sheriff or deputy
• Certified mail with restricted delivery and return receipt requested

If certified mail comes back undelivered or signed by someone other than the debtor, you must use sheriff service instead. File your proof of service with the court before the hearing date.

Step 4: The hearing. At the hearing, the debtor must complete a sworn Statement of Assets and Liabilities (Form NHJB-2328-DFPe). This financial affidavit compels disclosure of bank accounts, employment income, real estate, personal property, and household expenses. You can examine the debtor under oath about their property, income sources, and ability to pay. Formal rules of evidence do not apply.

Step 5: The court sets a payment schedule. The judge evaluates the debtor's net earnings minus reasonable living expenses, dependent obligations, and statutory exemptions, then orders a weekly or monthly payment amount directly to you.

Income Protections the Court Must Respect

The court cannot order payments from every dollar the debtor earns:

• Retirement income — Under RSA 524:6-a, II, income from tax-qualified retirement plans is exempt up to 50 times the federal minimum wage per week.
• Protected benefits — The court cannot order installments from income consisting entirely of Social Security disability, SSI, or other exempt public assistance.

If the Debtor Does Not Show Up

A debtor who has been properly served and fails to appear at the hearing faces an Order of Arrest (Capias). The court directs law enforcement to bring the debtor before the judge to show cause for non-compliance. This is a civil arrest, not a criminal charge — the court distinguishes between a debtor who cannot pay and one who refuses to appear or disclose assets.

If the Debtor Stops Making Payments

File an Affidavit of Noncompliance (Form NHJB-2423-DP). There is no filing fee for this motion. The court schedules a show cause hearing, and if the judge finds the non-payment was willful, the debtor can be held in civil contempt.

The debtor also has the right to petition for modification if their income drops significantly — the payment order is not permanently locked in.

For a complete enforcement toolkit covering every collection tool in New Hampshire — from this motion through bank attachments, property seizure, and real estate liens — see our Collecting a Small Claims Judgment in New Hampshire guide.

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