Rule 47.Attachments

Group IX: Provisional and Final Remedies · Last amended September 18, 2018 · Last verified July 14, 2026

In one sentenceRule 47 sets out two ways to attach a defendant's property before judgment, one with advance notice and a hearing opportunity and the other ex parte, and lays out the sworn motions, service steps, and Writ of Attachment procedure each requires.

Full Text of Rule 47

Text sizeJump to: (a) (b)

(a) Attachments with Notice. The following procedure is to be used where the plaintiff requests that the court authorize an attachment of the defendant's property, using the method requiring notice to the defendant and an opportunity for the defendant to be heard before the court renders its decision.

1. The Motion to Attach shall be executed under oath, and accompanied by the Notice to defendant as well as a copy of the Order form.

2. The Motion to Attach shall be fastened to the Complaint, unless the case is electronically filed.

3. Copies of the Complaint and Summons are then to be given to the sheriff or his or her deputy for service on the defendant; immediately after such service, that Complaint, together with the sheriff's Return of Service, is to be entered with the court.

4. If the Motion to Attach is granted, the plaintiff's attorney, non-attorney representative or self-represented plaintiff is authorized to fill out a Writ of Attachment in accordance with the Order granting the motion. If permission is granted to make a real estate attachment, the attachment Writ together with the court's Order thereon may be served on the Registry of Deeds by the sheriff, or his or her deputy, the plaintiff, his or her attorney or any other person to effect the real estate attachment. To effect all other attachments, the Attachment Writ together with the court's Order thereon must be served by the sheriff, or his or her deputy. The Return of Service is to be filed with the court immediately on completion of the attachment. No additional service upon the defendant is required to perfect an attachment, provided that a Notice of Intent has been served upon the defendant as provided in RSA 511-A:2.

(b) Attachments without Notice (Ex Parte). The following procedure is to be used where the plaintiff requests permission to attach using the method that does not require notice to the defendant prior to the attachment:

1. The Motion for Attachment shall be executed under oath, and accompanied with the Notice to defendant and Order form;

2. The motion, and copies, are to be filed in court, and an entry fee paid;

3. If the motion is denied, the plaintiff may move for attachment under the provisions of RSA 511-A:3.

4. If the motion is granted, the plaintiff or his or her representative is authorized to prepare a Writ of Attachment in accordance with the Order granting the request.

5. A certified copy of the Motion, the Notice to the defendant, and the court's order thereon shall be fastened to the face of the Writ of Attachment.

6. The Writ of Attachment, Complaint, and Summons, together with copies, shall be delivered to the sheriff with directions to serve them within the time directed by the court's order. In those cases where permission is granted to make a real estate attachment, the Attachment Writ together with the court's Order thereon may be served on the Registry of Deeds by the sheriff, or his or her deputy, the plaintiff, his or her attorney or any other person to effect the real estate attachment before the Writs of Attachment and Summons, together with copies, are delivered to the sheriff. The Returns of Service are to be filed immediately after service has been completed.

End

Amendment History

Adopted May 22, 2013, eff. October 1, 2013; amended July 13, 2018, eff. September 18, 2018.

2018: The 2018 amendment added "unless the case is electronically filed" at the end of (a)2.; and made a stylistic change.

Plain-English Summary

Rule 47 covers attachments with notice. The plaintiff files a sworn Motion to Attach with the Notice to the defendant and a copy of the Order form, fastened to the complaint unless the case is filed electronically. The sheriff or deputy serves the complaint and summons on the defendant, and the complaint is then entered with the court along with the sheriff's return of service. If the motion is granted, the plaintiff fills out a Writ of Attachment consistent with the order. A real estate attachment can be served on the Registry of Deeds by the sheriff or deputy, the plaintiff, the plaintiff's attorney, or anyone else; every other kind of attachment must be served by the sheriff or deputy, with the return of service filed as soon as the attachment is complete. Once a Notice of Intent has been served under RSA 511-A:2, no further service on the defendant is needed to perfect the attachment.

The rule also covers attachments without notice, made ex parte. The plaintiff files a sworn Motion for Attachment with the Notice and Order form, along with an entry fee. If the motion is denied, the plaintiff may move for attachment instead under RSA 511-A:3. If granted, the plaintiff prepares a Writ of Attachment under the order, fastens certified copies of the motion, notice, and order to the face of the writ, and delivers the writ, complaint, and summons, with copies, to the sheriff for service within the time the court's order directs. As with attachments on notice, a real estate attachment can be served on the Registry of Deeds before the writ and summons go to the sheriff for the rest, and the return of service is filed immediately once service is complete.

Frequently Asked Questions

What's the difference between the two attachment procedures in Rule 47?

Attachment with notice gives the defendant notice and an opportunity to be heard before the court decides whether to authorize the attachment. Attachment without notice is ex parte -- the court rules on the motion before the defendant has notice of it.

What happens if my ex parte attachment motion is denied?

The plaintiff may move for attachment instead under the provisions of RSA 511-A:3.

Who can serve a real estate attachment on the Registry of Deeds?

The sheriff or deputy, the plaintiff, the plaintiff's attorney, or any other person may serve a real estate attachment on the Registry of Deeds.

Does every attachment need to be served by the sheriff?

No. Real estate attachments can be served on the Registry of Deeds by several different people, but all other attachments must be served by the sheriff or deputy.

Do I need to serve the defendant again after the Writ of Attachment issues?

No additional service on the defendant is required to perfect an attachment once a Notice of Intent has been served on the defendant under RSA 511-A:2.

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: attachment of property NH superior courtex parte attachment procedurewrit of attachment stepsreal estate attachment registry of deedsnotice of intent to attach RSA 511-A