Manchester, NH asked in Consumer Law, Collections and Small Claims for New Hampshire

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 in Rule4.1(D)(3)(d):

The Rule 4.1(a)(C)(iv) was the one rule the attorney filing the complaint completely ignored which appears like it should have been used when the he filed the complaint.

1 Lawyer Answer
Joseph Kelly Levasseur
Joseph Kelly Levasseur
PREMIUM
Answered
  • Consumer Law Lawyer
  • Manchester, NH
  • Licensed in New Hampshire

A: 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 plaintiff will probably then simply amend his complaint, which the court will most likely allow. Good Luck!

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