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Questions Answered by William J. Amann
3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
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William J. Amann
answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... Read more »

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William J. Amann
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William J. Amann
answered on Mar 20, 2023

What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid

perfected lien or interest...
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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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William J. Amann
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 Business Law for New Hampshire on
Q: If i live in NH with a dba with a dba in different state but I do business in NH under dba in NH do i register in NH?
William J. Amann
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William J. Amann
answered on Mar 9, 2023

It sounds like you're doing business in a state, other than NH as well as NH. You can do that but I suggest you hire an attorney to review the full picture so a suitable recommendation can be made.

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Can a dba registered In one state be used in commerce in a state other than which it is registered.
William J. Amann
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William J. Amann
answered on Mar 8, 2023

Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... Read more »

1 Answer | Asked in Business Law and Construction Law for New Hampshire on
Q: Is there a time limitation for sending an invoice to a customer that I did Plumbing work for?

I own an LLC Plumbing business here in New Hampshire. I sent an invoice a month or so after I completed the work. My customer is giving me a hard time about it, so I would like to know the law for how long I have to send an invoice, as well as the time frame that my customer has to pay the invoice.... Read more »

William J. Amann
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William J. Amann
answered on Mar 1, 2023

Ordinarily this issue would be covered in a written contract but if you don't have one, billing 30 days or so after the job does not appear unreasonable at all. I'm unsure if there are any special circumstances such as a closing date, etc. Feel free to contact me if you have any... Read 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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William J. Amann
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 Employment Law, Civil Litigation and Civil Rights for Massachusetts on
Q: My Attorney has reached an agreement to settle my lawsuit, but with conditions I didn’t agree to.

It’s a discrimination lawsuit

William J. Amann
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William J. Amann
answered on Dec 11, 2022

Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: Is there any violation of HIPAA or ferpa law if a 504 plan on child is announced to all students?

A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... Read more »

William J. Amann
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William J. Amann
answered on Nov 29, 2022

It certainly sounds like it, particularly if that was "announced".

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

William J. Amann
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William J. Amann
answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I've filed bankruptcy and have a car that I voluntary gave back.They can't pick car up until courts finalize

I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?

William J. Amann
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William J. Amann
answered on Oct 7, 2022

Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.

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1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

William J. Amann
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William J. Amann
answered on Oct 4, 2022

Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »

1 Answer | Asked in Business Law for Massachusetts on
Q: I am a snack food wholesaler. I have been doing business with a National snack food company for 7 years now. All of a

sudden I get a letter saying they will be discontinuing business with me as of November 1, 2022. Do I have any recourse?

William J. Amann
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William J. Amann
answered on Sep 30, 2022

First, I'd ask why. Second, if you have a written agreement, review it and any applicable termination provisions.

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

William J. Amann
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William J. Amann
answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
William J. Amann
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William J. Amann
answered on Sep 11, 2022

How your real estate is affected depends upon which chapter you file. Please feel free to contact me at wamann@amburlaw.com if you'd like to learn more. Thank you.

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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
William J. Amann
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William J. Amann
answered on Aug 26, 2022

Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.

11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue...
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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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William J. Amann
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 Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
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William J. Amann
answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Business Law for Massachusetts on
Q: I gave a small business a deposit to build me cabinets for a kitchen.

The main guy constantly gave me delays and excuses and it just seemed to be going in circles. I didn't have any faith that they were nearing completion and I thought it was most likely a scam. I called to cancel my order and ask for my deposit back. The guy said that he has 30 days to return... Read more »

William J. Amann
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William J. Amann
answered on May 23, 2022

Unless that term is in a written contract or you orally agreed to it, his claim is doubtful. Ask him to cite the statute to which he refers.

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