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Questions Answered by Joseph Kelly Levasseur
1 Answer | Asked in Foreclosure for New Hampshire on
Q: Do you get any of the money if your house is sold after foreclosure?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

If they sell the property for more than what is owed then yes. you would be able to get the amount left over after ALL the bills related to the foreclosure and the sale of the home are paid.

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Q: My 16 year old daughters father and I have joint shared custody and he wants to move out of state with her. Can he?

I currently pay child support and have everyother wknd visitation. They currently resisde in Mass. and bought a house in Tennessee two yrs ago.

I do not want to give consent

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

You have the right to seek a court order forcing him to stay within a reasonable travel distance from you. Courts are reluctant to allow a parent to move far away with a child for another parent as it is not usually in the child's best interest Hire an attorney.

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Hi, my mother is in a will to inherit my great aunts house. Can this be changed by anyone else?

Can the house be taken away by a family member caring for the elder? Can the funds be exhausted by family member taking care of finances ?

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

Under certain circumstances there is the possibility the Will could be changed by someone other than the Aunt. You would have to look at the agreement for services because yes, the funds she has saved would most likely be used for her care and the home could be attached or sold for her care if she... View More

1 Answer | Asked in Immigration Law for New Hampshire on
Q: On routine check in if ICE takes an immigrant into custody, do they have the right to make phone call to family? lawyer?

If an immigrant has been doing routine monthly check ins at ICE, and they are detained and taken into custody from that check in, are they allowed to make a phone call to notify waiting family member? Their lawyer if they have one? Or can ICE just make them disappear in one door and nobody knows... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

They have the right to an attorney and can call one.

1 Answer | Asked in Probate for New Hampshire on
Q: My father passed. my house has his and my name on deed does his new wife have any claim to the house
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

She may have a legal interest in his share of the property. Is there a Will?

1 Answer | Asked in Criminal Law for New Hampshire on
Q: when nh police call you in for questioning do you have to go ?

Involves crime about child abuse after child was interviewed

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

No, you do not have to speak with a police officer. The Constitution allows you the right not to incriminate yourself in a criminal matter. I strongly suggest you speak with an attorney prior to going in and speaking with the police. Protect your rights.

1 Answer | Asked in Criminal Law and Domestic Violence for New Hampshire on
Q: in nh during a child abuse case if someone is called in for questioning do they have to go in willingly

Meaning the alleged perpetrator.... not jist a witness

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

It would depend on the person's relation to the allegation. If someone is simply an alleged witness to the allegation then you would not have to speak to anyone if you did not want to. If it eventually arises to a criminal charge then a subpoena could be issued for a trial, but lawyers and... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for New Hampshire on
Q: I was scammed buying a used car and am wondering if there is anything I can do to get my money back? (more info below)

I bought a used car through a private sale. The man who sold the car lied about its condition and guaranteed that it would pass inspection. When I questioned him on guaranteeing NH inspection, he then had a mechanic back him up. He had me meet him at the mechanic shop, and the mechanic said he... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

You could call your local police department, and the Attorney generals office and file a complaint, they could investigate the allegation and if the mechanic did in fact pass a car and give you an inspection sticker illegally, take away his ability to give them out, fine him, or even charge him... View More

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 DUI / DWI for New Hampshire on
Q: Why was this female taken to the station, bags and person searched , car impounded overnight, and now has court date?

Female over 21, with prior DUIs, is stopped again, given a breathalyzer results were a .02, and she also passed the field sobriety, did not consent to blood test (because she passed other 2 tests)- Can officer demand the 3rd test -Blood test- with no other indications of intoxication?

Not... View More

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

Looks like you're asking for a friend. So I'm not sure exactly what the facts of the case are. But the police officer has to have probable cost to pull her over. You also suspected that she was probably using an illegal drug. And if you go suspect that he can ask her for a blood test. And... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: Does employer have to pay the 3 wks notice?

I have 4 weeks earned vacation time and I plan on giving a three week notice to my employer of me leaving the firm. It is my understanding that provided I give a two-week notice, I am entitled to my vacation time. I am wondering if my employer does not accept my resignation and terminates me when... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Mar 7, 2018

First of all, congratulations on giving your company a four week notice, that in of itself shows that you are a very conscientious employee and they should appreciate that. I do believe, under your set of facts that yes, if they ask you to leave early you have indeed satisfied the requirement of a... View More

1 Answer | Asked in Communications Law and Criminal Law for New Hampshire on
Q: My kids and I have been recorded in our home with out permission by the neighbor who posted it to public forums along

With our names. He continues repost and send to others via phone and email as well. I'm a single mother of two young girls. I've had non stop problems with this man for over six months. I have filed multiple police reports and have to call the police to the apt at least three times... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 24, 2018

I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the... View More

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Q: My mom was watching my dog while i didnt know if i could keep her and gave her away. Do i have rights?

Long story short. Im in a complicated situation. And we weren't sure if we could keep our dog. My mom offered to take her and help find a home with us. I told her we still needed to talk it through and wanted to see her before any final decisions were made. We did want to keep options open... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 21, 2018

Interesting situation from a legal standpoint, it could come down to who has legal possession and legal right to give the dog away. If your mom did not have legal right you need to to put the new owner on notice asap because you may not be able to get the dog back. You may have to file a civil suit... View More

1 Answer | Asked in Contracts for New Hampshire on
Q: As a seller, if I sign a contract with the buyer, but I need to change my mind BC of a med diag. Can i do that?

I have been diagnosed with kidney failure stage III and won’t be able to see the nephrologist for one more week, at that point I should know what I can do or not do relative to the contract.

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 19, 2018

seller of what?

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Q: Is there anyway I can care for a dog that has a bad owner?

A couple days ago I was on Facebook and saw a young lady post on a public pet page that she needed someone to care for her 9 month old golden retriever because she couldn’t have it at her moms house. I offered with the exception that she payed for food, vet bills, and bought a cage. Immediately,... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 16, 2018

Do you really think she is going to come back for Clifford? Keep a copy of the Facebook message-it seemed to me that when she stated "care" she meant for good. if she wants him back a civil case could be started to argue that she meant for you to keep Clifford. Good luck!

1 Answer | Asked in Contracts for New Hampshire on
Q: For business contracts with clients in a different state, do you list both states for the "governing law" section?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 15, 2018

If you are the one drafting the contract in might be in your best interest to pick your own state-however, in some instances the other state may have contract laws that benefit your interests better. Also keep in mind that when entering into a contract with a person from another state, that may... View More

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Q: asked my gf to move out. she took my two dogs registered to me can i report stolen ? New hampshire
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Feb 14, 2018

You should be able to report the dogs stolen to your local police department if you really believe they were solely yours and she had no ownership interest in them, otherwise it would be a civil matter and you may have to go to court to have a judge decide rightful possession and ownership-or even... View More

1 Answer | Asked in Education Law and Juvenile Law for New Hampshire on
Q: A student at a public high school performed a lewd sexual act in class. Principal verified claim but nothing done.

The staff did not inform the principal. He had heard nothing about it until I contacted him. After speaking with students and staff he verified the claims and told me the child would be removed from the class. That did not happen. When I followed up he told me he never said that and that the child... View More

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

I would contact the members of your school board or any other elected officials in your town or city.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

Failure to supervise an employee whose actions created an uncomfortable environment (include abuse of power and discrimination).

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Jan 23, 2018

It may depend on the facts of the case and the remedies allowed by contract or statute and whether or not it could be a Human Rights Commission type claim. If this is a straight forward negligence claim then it would be three years but and this is a BIG but, the person bringing suit has to exhaust... View More

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