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New Hampshire Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for New Hampshire on
Q: I signed a purchase and sales at a dealer, paid for the vehicle.

I still have not been able to get the vehicle as the dealership does not have the title. What are my rights of rescinding this deal.

James L. Arrasmith
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answered on Mar 19, 2024

If you have paid for a vehicle but the dealership cannot provide the title, your rights to rescind the deal may depend on the terms of the purchase agreement and the laws of your state. Generally, a dealer must provide a clear title at the time of sale or within a reasonable period. If they fail to... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If your vehicle was towed following a traffic stop involving others, and you believe this was done without legal cause, you have the right to dispute the towing and the associated fees. The first step is to request a tow hearing, which is your legal right. This hearing is an opportunity to argue... View More

1 Answer | Asked in Banking and Consumer Law for New Hampshire on
Q: Hi, I have a locked cash app card. My ex has it and tries to use it a lot event though it’s locked. Is it illegal?

The app/account is deleted but he keeps trying to use it even though it doesn’t work. I HAD a protection order in place that has since been stopped for abuse.

James L. Arrasmith
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answered on Nov 17, 2023

In New Hampshire, unauthorized use of a financial instrument, like a cash app card, can be considered illegal, especially if the card is registered in your name.

Even if the card is locked and the account is deleted, attempts to use it could potentially be viewed as attempted fraud or...
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1 Answer | Asked in Consumer Law for New Hampshire on
Q: new stackable washer/dryer electrified itself and grounded out to the braided hoses and actually welded them together.

Sparks burnt wall and would of burnt home down if we were not there

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, a starting point could be to notify the manufacturer of the incident. Also, you could arrange for an electrician examine the connections and... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

Leonard G Deming
Leonard G Deming
answered on Mar 15, 2023

I agree with Attorney Amann. The Writ of Execution is a court order granting the creditor to take possession of your property which is not exempt from the actions of creditors to collect debt. It can include filing with the Hillsborough County Registry of Deeds to lien your property, or to go after... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

William J. Amann
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answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
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1 Answer | Asked in Consumer Law and Contracts for New Hampshire on
Q: I have to go to mediation at a pre trial hearing for credit card debt and help I don’t even know what to say
William J. Amann
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answered on Jun 15, 2023

Without knowing more, it's impossible to render any competent advice. However, sometimes knowing what to expect helps. You should know and be ready to discuss any legal defenses you think you have. If you haven't denied or disputed the debt, you should think about what assets you have... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Hampshire on
Q: What are the legal options to sue an individual for non-repayment of a personal loan in excess of $20,000.00
William J. Amann
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answered on Jan 7, 2023

A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.

1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
William J. Amann
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answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New Hampshire on
Q: Have a insurance company that will not negotiate even after I asked for several item . Spoke to the “supervisor “

In negotiations with insurance, though talk have stalled. They only went up 300 dollars from initial offer on a total losS they have not been able to provide information on how they arrived at that number of 8,000 when I see car for sale for 10000 to 12000 I even provided them direct links though... View More

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2021

A New Hampshire attorney could advise best, but your post remains open for two weeks. As a general premise nationwide, insurance carriers do not have a statutory obligation to settle all claims. They have an obligation of conducting the claims process in good faith. But it is not necessarily bad... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: Are restaurant gift cards or certificates taxed? Gift card recipients will also pay tax when they redeem the card.

I just bought gift certificates at a local restaurant and I was charged the tax. When I asked the cashier she said that is how we do it. Now when I give this gift the recipient will also pay tax when they purchase their meals. Double taxing does not seem right.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 12, 2019

As a former restaurant owner myself for over 34 years, I have never heard of this practice and we certainly never charged a meals and rooms charge in advance of a purchase. The meals and rooms tax is usually charged at the time the meals and drinks are purchased, and then they can be deducted from... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: What can I do if an auto repair shop will not refund me for work I paid for and he hasn't done.

He does not even do a front end alignment he sends it to someone else to do

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

First you should demand payment by letter. when that doesn't work you should file in small claims court if you meet the requirements. Filing a small claims case in NH is now done by computer and relatively easy to handle. Good luck!

1 Answer | Asked in Consumer Law, Collections and Small Claims for New Hampshire on
Q: Can not identify New Hampshire small claims rule 4.1(D)(3) and 4.1(D)(3)(d) used by attorney filing complaint.

I received a complaint from a debt buyer lawsuit.

In the statement of consumer debt it states:

In accordance with Small Claims Rule 4.1(D)(3), the undersigned submits this Statement:

This also is used further down:

Interest, charges, and fees calculated as set forth... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Mar 15, 2018

I looked over the rules and I don't see them in there either. You can file a motion to dismiss for failure to state a claim for which relief can be granted and state the same reasons you stated here. He might be using old rules that have been updated and no one ever called him on it. The... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: Can hotels in NH throw you out in the middle of a blizzard state of emergency

If I don't have enough money for another day

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Mar 13, 2018

If you can't afford to pay for room the hotel has no obligation to keep you in the room for free. They can't discriminate against you but they don't have to board you for free.

1 Answer | Asked in Construction Law and Consumer Law for New Hampshire on
Q: I was building a house as a sub contractor and left tools behind can the home owner claim them as abandoned?

There was no contract and multiple discrepancies between home owner and contractor. After the contractor (my boss) felt he fulfilled his part of this job he told me to get paid from the home owner if I wanted to keep working on this house. The home owner didn't want to pay me my rate so I... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

Since he made the threat of holding a gun on you, you should file a complaint with the police department and have them go with you to get your property back. If the property owner feels you owe him money he can't resolve the issue by keeping your tools and threatening you, that is why we have... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

Depends on what kind of Motion it is, generally speaking-10 days...

1 Answer | Asked in Criminal Law and Consumer Law for New Hampshire on
Q: I have an ex-husband claiming to have 'banned' me from my favorite restaurant, police have not contacted me am I banned?

He does not work there, he just goes there often, and sees me there on occasions, we do not speak to each other, I do not cause problems, he claims he is close with the manager and that is how he has gotten me 'banned' So, do, I need to stop going to the restaurant? Is there further... View More

Brian Lehman
Brian Lehman
answered on Mar 5, 2017

There are two ways you can be banned. First, a court may issue an order restraining where you can go. That did not happen here based on what you wrote.

Second, if the restaurant is on private property, the owner or the owner's agents (perhaps the manager) can tell you not to go on...
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1 Answer | Asked in Consumer Law for New Hampshire on
Q: I have a question ,we live in nh and have a mortgage on house the mortgage is in my moms name and my husband and I pay

The mortgage every month , the deed is all 3 names. My mom has credit cards in her name only , I don't think she has life insurance. Can this affect my husband and I if something should happen to mom? Credit debt and house , are we responsible for her credit. Obviously we would want to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 13, 2015

No, you are not responsible for her debt. If she is the only one who signed the mortgage note, and were the lender to foreclose, you wouldn't be liable for a deficiency judgment.

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