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Questions Answered by William J. Amann
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.

1 Answer | Asked in Contracts for New Hampshire on
Q: Bill of sales not completed

Was sold a car, Private sale, and was lied to about the condition the car was in. I know I most likely will have nothing there to get money back on, but in the bill of sales there were items that were listed that were not given or received. The price of all items adds up to about 9k, and because of... Read more »

William J. Amann
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William J. Amann
answered on May 13, 2022

It sounds like you probably do have a case. Would need to know the terms of sale in bill of sale, if any and any oral representations. Might be worth sending the seller a demand letter.

1 Answer | Asked in Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »

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

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for New Hampshire on
Q: I've a civil judgement vs. a person for a hit/run case in MA. The person own property in NH. Can I file a lien against

Property is owned by a corporation, where the driver of the truck is the president. The truck was registered in NH without insurance and was registered to the corporation.

William J. Amann
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William J. Amann
answered on Apr 28, 2022

Good morning. From what you've described, you should be able to pursue a lien against the person's real property in NH.

3 Answers | Asked in Bankruptcy and Business Formation for Massachusetts on
Q: Can the uplyft capital loan be forgiven
William J. Amann
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William J. Amann
answered on Mar 26, 2022

Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).

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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Homestead exemption

If I file bankruptcy, are there restrictions on how I can spend the $120,000 exemption?

Also, I have 2 liens on the property. How do those factor in to the homestead exemption?

William J. Amann
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William J. Amann
answered on Nov 5, 2021

The NH Homestead statute shields your residence from creditors liquidating the home without paying you $120,000. This really just shields you and creditors don't move to liquidate. The liens would need to be examined to determine timing and type of lien. I'd be glad to discuss further,... Read more »

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