Supreme Court of New Hampshire

Impact Food Sales, Inc. v. Carl Evans d/b/a Warehouse Club Distributing Company

June 16, 2010160 N.H. 386

Summary

The court held that service on a nonresident defendant under RSA 510:4, II requires service on the Secretary of State before mailing the defendant notice of that completed service and a copy of the process. Because the plaintiff mailed the initial notice before serving the Secretary of State, later mailed notice approximately six weeks after service, and used first-class mail without a court order, service was invalid and the trial court never obtained personal jurisdiction. Hicks, J., dissenting, would have found the simultaneous mailing sufficient and would have upheld the trial court’s determination that no additional notice was required.

Holding

  • Timing of notice to a nonresident defendant. RSA 510:4, II requires notice of the completed service on the Secretary of State; notice sent before service on the Secretary of State does not satisfy the statute.
  • Requirement that notice be sent forthwith. A mailing sent approximately six weeks after service on the Secretary of State does not satisfy RSA 510:4, II’s requirement that notice and a copy of the process be sent forthwith.
  • Use of first-class mail and additional notice. A plaintiff may not attempt to effect service by first-class mail or another method not specified by RSA 510:4, II without a court order authorizing additional notice.

Docket No. 2009-348

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