New Hampshire Petition for Ex Parte Attachment

Filing a Mechanic's Lien in New Hampshire

Mechanic's liens are governed by Chapter 447 of the New Hampshire Statutes.

Mechanic's liens are used to help persuade an owner or other party to pay an outstanding bill for a work of improvement on real property. Because liens prevent an owner from selling or refinancing a property (or make it difficult to do so), liens are an effective remedy for contractors and other parties to earn their payment.

In New Hampshire, mechanic's liens must be secured through judicial attachment. This means a petition must be filed in court in the county where the property is located. As such, it's usually best to enlist the services of an attorney familiar with the practice of mechanic's lien law. Any such lien may be secured by attachment of the property upon which it exists at any time while the lien continues. NH RSA 447:10.

Such attachment take precedence over all lien claims for labor, professional design services, materials, or other things done or furnished after the attachment was made, unless that work was done or furnished in the performance of a contract existing when the attachment was made, or was necessary for the preservation of the property attached. 447:11.

Any filed lien shall continue for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes. 447:9. For multiple claimants, all such attaching lien creditors shall share pro rata in accordance with the amounts of their respective lien judgments in the property attached or in its proceeds. 447:12.

The petition is a legal document and is filed in court. The fees associated with its filing will differ depending on the court where the petition is filed. The petition includes the names of the lien claimant and property owner, a description of the property, a description of the claim, the requested attachment value, and the amounts owed. The document also includes a proposed order to be completed by the judge or magistrate.

This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with an attorney familiar with lien laws with questions regarding filing a petition for ex parte attachment, or for any other issues related to mechanic's liens in New Hampshire.