(a) A judgment creditor seeking an order for weekly payments under RSA 524:6-a must file a motion with the court setting out specific grounds for relief. Issuance of a Writ of Execution need not be a preliminary step to the weekly payment process.
Rule 51.Periodic Payments
Group IX: Provisional and Final Remedies · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 51 sets out the motion, notice, hearing, and examination procedure a judgment creditor must follow under RSA 524:6-a to get a court order requiring weekly payments toward an unpaid civil judgment.
Full Text of Rule 51
(b) Upon the filing of such a motion, an Order noticing the action and identifying a date for a hearing will issue requiring the judgment debtor to appear at a time and date named therein and submit to an examination relative to his or her property and ability to pay said judgment.
(c) The judgment creditor shall cause the Notice of Hearing to be served either in-hand or by certified mail, restricted delivery, return receipt requested. If the judgment creditor elects to serve the Notice of Hearing by certified mail, restricted delivery, return receipt requested, and if the return receipt is returned without indication that the Notice of Hearing has been properly served, then in-hand service shall be required.
(d) On hearing, the judgment debtor will submit a financial affidavit and will be examined under oath as to his or her property and ability to pay. Either party may introduce oral and written evidence as the court deems relevant. Technical rules of evidence will not apply.
(e) If the debtor fails to appear at the hearing, the court may proceed and orders may be made in the debtor's absence.
(f) If the court finds that the debtor has no property other than property that is exempt from attachment or execution and that the debtor is unable to make weekly payments on the judgment, the motion will be dismissed. Attendance by the plaintiff or plaintiff's counsel is required unless excused by the court.
(g) If the court is satisfied that the debtor has property not exempt from attachment or execution, the court may order the debtor to produce it, or so much thereof as may be sufficient, to satisfy the judgment and cost of the proceedings, so that it may be taken on execution. If the debtor is able to make weekly payments on the judgment, the court may, after allowing the debtor an appropriate amount for his or her support and that of the debtor's family, if the debtor has a family, order the debtor to make weekly payments on the judgment from time to time. The court may also make an Order combining any of the orders above mentioned.
(h) The court may prescribe the times, places, amount of payments and other details in making any of its orders. The court may at any time review, revise, modify, suspend or revoke any order made. Failure to obey any lawful order of the court, without just excuse, shall constitute a contempt of court. Contempt proceedings will be initiated by the creditor by a verified motion.
(i) A sentence for contempt shall not end the proceedings nor any order made by the court, and future violations of the order, upon which the sentence was founded, may likewise be dealt with as for contempt.
(j) If the motion is dismissed, the creditor shall not file within one year after the date of such dismissal another motion against the same debtor upon the same judgment unless the court otherwise for good cause orders.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 51 governs the process for collecting a judgment through periodic payments rather than a single execution. A judgment creditor seeking weekly payments under RSA 524:6-a starts by filing a motion setting out the specific grounds for that relief; a Writ of Execution does not have to come first. Once the motion is filed, the court issues an order setting a hearing date and requiring the judgment debtor to appear and be examined about property and ability to pay. The creditor must serve that notice either in hand or by certified mail with restricted delivery and a return receipt, and if the certified mail comes back without proof of proper service, in-hand service becomes mandatory.
At the hearing, the debtor submits a financial affidavit and is examined under oath, and either side can introduce oral or written evidence since technical rules of evidence do not apply. If the debtor fails to show up, the court can still act in the debtor's absence. If the court finds the debtor has no property beyond what is exempt from attachment or execution and cannot make weekly payments, it dismisses the motion, though the plaintiff or plaintiff's counsel must still attend unless excused. If the debtor does have non-exempt property or the ability to pay, the court can order the debtor to produce that property for execution, set a weekly payment schedule after allowing for the debtor's and family's support, or combine both remedies.
The court keeps ongoing control over any order it makes, including the amounts, timing, and other details, and can review, revise, or revoke it at any time. Disobeying a lawful order without just excuse is contempt, which the creditor pursues through a verified motion, and a contempt sentence does not close the door on treating later violations of the same order as contempt as well. If a motion under this rule is dismissed, the creditor generally cannot file another one against the same debtor on the same judgment for a year, absent good cause shown to the court.
Frequently Asked Questions
How does a judgment creditor start the weekly payment process under Rule 51?
By filing a motion with the court that sets out the specific grounds for a weekly payment order under RSA 524:6-a. Getting a Writ of Execution first is not required.
How is the judgment debtor notified of the hearing?
The creditor must serve the Notice of Hearing either in hand or by certified mail, restricted delivery, return receipt requested. If certified mail comes back without confirmation of proper service, the creditor must then serve the debtor in hand.
What happens at the hearing on a periodic payment motion?
The debtor submits a financial affidavit and is examined under oath about property and ability to pay. Either party can introduce oral or written evidence, and technical rules of evidence do not apply. If the debtor does not appear, the court can still proceed and issue orders.
When will the court dismiss a motion for weekly payments?
If the court finds the debtor has no property beyond what is exempt from attachment or execution, and that the debtor cannot make weekly payments, it dismisses the motion. The plaintiff or plaintiff's counsel must still attend the hearing unless the court excuses that requirement.
What happens if a debtor ignores a weekly payment order?
Failing to obey a lawful order without just excuse is contempt, which the creditor pursues by verified motion. A contempt sentence does not end the underlying order, and later violations of that same order can also be treated as contempt.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: nh weekly payment orderperiodic payments judgment nhrule 51 periodic paymentsjudgment debtor examination nh