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New Hampshire Questions & Answers
1 Answer | Asked in Public Benefits and Estate Planning for New Hampshire on
Q: Can SSDI funds in ABLE vs fiduciary account affect Survivor & Disability Benefits?

I'm receiving SSDI and want to maximize my eligibility for Survivor Benefits and Disability Benefits. Should I keep my funds in an ABLE account or in a fiduciary account to ensure I remain eligible for these additional benefits?

James L. Arrasmith
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answered on Apr 16, 2025

If you're receiving SSDI (Social Security Disability Insurance), your eligibility is not based on assets or savings—it's based on your work history and the amount you've paid into Social Security through taxes. That means keeping your funds in an ABLE account or a fiduciary account... View More

1 Answer | Asked in Traffic Tickets and Civil Litigation for New Hampshire on
Q: Can charges be dropped if police did not have lights on?

I was pulled over last night between 7:30-7:45 PM on a two-lane highway without above traffic light posts in New Hampshire. I was charged with going 25 miles over the speed limit and failure to yield because I didn't feel comfortable pulling over on the highway. The police officer who stopped... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re asking a very reasonable question, especially since your dashcam footage might offer valuable context. In New Hampshire, the fact that a police officer didn’t have visible headlights or marker lights on during low-light conditions could potentially raise concerns about **identification... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Real Estate Law for New Hampshire on
Q: Seeking compensation for unjustified tow in NH due to expired registration, despite renewal receipt.

I'm a Massachusetts resident, and my car was towed from an apartment complex's parking lot where I was visiting on June 13th due to an expired registration sticker. However, I had renewed my registration online prior to the expiration date (June 1st) and carried the printed receipt in my... View More

James L. Arrasmith
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answered on Apr 11, 2025

What happened to you sounds incredibly frustrating, especially since you took the proper steps to renew your registration and carried proof in your vehicle. As a Massachusetts resident, M.G.L. c.90 §2 does allow a 60-day grace period after online renewal, during which you can legally drive with a... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New Hampshire on
Q: What does New Hampshire state law say about car license plate covers?

I want to know about the New Hampshire state law regarding car license plate covers. Specifically, I'm looking for the section of law that mentions whether a license plate can or cannot have a cover. I've noticed that different towns seem to have their own rules, which has led to... View More

James L. Arrasmith
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answered on Apr 12, 2025

In New Hampshire, state law regulates the use of license plate covers to ensure vehicle identification remains clear and unobstructed. According to RSA 261:176, II, applying any covering that is colored, smoked, or tinted to a license plate is prohibited. Violating this statute can result in a fine... View More

1 Answer | Asked in Small Claims and Business Law for New Hampshire on
Q: Responsibility for notifying small claims court about a business name change

I am suing a business in small claims court because the snap-in over denture they provided was not made correctly. When I initially filed the claim, the business was listed as a PLLC and not in good standing. The business has since changed its name to a Domestic Professional LLC. They did not... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're asking an important question, and it’s great that you’re staying on top of the details. When a business changes its name—especially while involved in an active legal matter—it is **their responsibility** to update the court and anyone involved in the case, including you. That... View More

1 Answer | Asked in Identity Theft, Banking, Tax Law and Consumer Law for New Hampshire on
Q: Someone used my SSN for taxes and credit cards; I reported it. What steps should I take now?

I discovered that someone has used my Social Security number for filing taxes and opening credit cards over the past few years. I've reported this identity theft to the authorities, but I'm unsure which bank accounts were involved. Unauthorized accounts and transactions have appeared on... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you should request a credit freeze or fraud alert from the three major credit bureaus (Equifax, Experian, and TransUnion). This will make it harder for the thief to open new accounts in your name. You should also review your credit report carefully, looking for any unauthorized accounts or... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Real Estate Law for New Hampshire on
Q: Is my insurance liable for snow damage if improper construction is blamed and was pre-existing when purchased?

I filed an insurance claim for damage to my house caused by snow on the roof. The insurance adjuster initially assured me that the damage was covered by my policy. However, after receiving a report from the construction engineer they hired, the company denied coverage, citing improper construction.... View More

James L. Arrasmith
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answered on Apr 11, 2025

Dealing with this kind of denial after being told your claim was covered is incredibly frustrating. Homeowners insurance usually covers sudden and accidental damage from events like snow buildup, but many policies exclude coverage if the damage is tied to construction defects—even if those... View More

1 Answer | Asked in Gov & Administrative Law and Education Law for New Hampshire on
Q: Does SB 383-FN apply to Concord's autonomous school board?

In 2024, SB 383-FN was signed into law to establish procedures for cities and towns in New Hampshire to adopt a budget cap by school districts. I would like to know if this bill could be adopted in Concord, specifically for Concord's autonomous school board (SAU 8). I'm interested in... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, New Hampshire Senate Bill 383-FN (SB 383) can apply to Concord's autonomous school board, known as School Administrative Unit 8 (SAU 8), under certain conditions. SB 383, signed into law in August 2024, allows school districts to adopt a budget cap based on per-pupil costs and average... View More

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for New Hampshire on
Q: How can I legally address ongoing neighbor harassment and protect myself?

I have been dealing with harassment and slander from my neighbor for over a year, mostly captured through my security camera system located outside my home. There have been a few in-person interactions, but most incidents are verbal and recorded. Despite having video footage of such harassment, the... View More

James L. Arrasmith
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answered on Mar 26, 2025

Documenting everything thoroughly is your first line of defense - keep maintaining your security footage, but also start a detailed journal with dates, times, and descriptions of each incident. Consider having a friend or family member witness some of these interactions when possible, as... View More

1 Answer | Asked in Car Accidents, Consumer Law and Landlord - Tenant for New Hampshire on
Q: Can I access my personal belongings from a friend's towed car without owner's consent?

I was recently involved in an automobile accident while driving a friend's car in New Hampshire. After the accident, I was taken to the hospital, and the car was towed by a company used by the state police. My backpack and duffel bag containing personal belongings such as medication, cell... View More

James L. Arrasmith
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answered on Apr 12, 2025

In New Hampshire, towing companies generally have the right to control access to a vehicle after it’s been towed, especially if the vehicle is considered to be in a potentially unsafe or hazardous state. However, since you were involved in an accident and were authorized to drive the vehicle by... View More

2 Answers | Asked in Domestic Violence and Criminal Law for New Hampshire on
Q: Is reading Miranda rights mandatory in NH domestic violence arrests?

When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2025

The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More

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1 Answer | Asked in Criminal Law and Education Law for New Hampshire on
Q: 18-year-old charged with criminal mischief for breaking school toilet lid.

I am an 18-year-old high school student, and I accidentally broke a toilet lid at school. I have never vandalized my school before, but I am now being charged with criminal mischief. The incident was reported to the school administration and law enforcement. What should I do to address this charge,... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you're being charged with criminal mischief for accidentally breaking the toilet lid, it's important to approach the situation carefully. Since this was an accident and you have no history of vandalism, you should explain the circumstances clearly to the school administration and law... View More

1 Answer | Asked in Criminal Law and Education Law for New Hampshire on
Q: Rights when charged for accidental school property damage

I'm an 18-year-old high school student, and I accidentally broke a toilet lid at my school. The school is charging me $135 and has accused me of criminal mischief. What are my rights in this situation, and what steps should I take?

James L. Arrasmith
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answered on Apr 13, 2025

If you're being charged with criminal mischief for accidentally damaging school property, it's important to understand your rights. You have the right to a fair process and to dispute the charges if you feel they are unjust. Since this incident was accidental, you can explain your side of... View More

1 Answer | Asked in Employment Law, Business Formation and Business Law for New Hampshire on
Q: NH statute on out-of-state employers registering for remote workers?

I live in New Hampshire and was previously hired by a Massachusetts employer to work remotely from my home. Because of my location, they were required to register as a New Hampshire employer and classify me as a W-2 employee. I want to understand which New Hampshire statute mandates this... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New Hampshire, out-of-state employers hiring remote workers within the state are generally required to register with the New Hampshire Employment Security (NHES) and comply with state payroll tax obligations. This includes obtaining a certificate of authority to do business in New Hampshire,... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Hampshire on
Q: What are my legal options after house disclosure misrepresentation in NH?

I purchased a house in November 2022 and discovered it had multiple issues, including being on cinder blocks instead of pillars as disclosed by the previous owner. After a professional inspection confirmed the issues, I had a lawyer send a demand letter, but the owner did not respond. She offered... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a difficult and frustrating situation—especially when you made the purchase in good faith and now you're dealing with unexpected repair costs. In New Hampshire, sellers are required to disclose known material defects, and misrepresenting something structural like the foundation may... View More

1 Answer | Asked in Civil Rights, Civil Litigation and Domestic Violence for New Hampshire on
Q: Is non-physical harassment through security cameras illegal between neighbors?

I am dealing with sporadic harassment and intimidation from my neighbor who has a mental illness. This occurs whenever they have an episode, and they often stand outside my house and behave aggressively through my security camera. Despite reporting these incidents to the police and attempting to... View More

James L. Arrasmith
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answered on Mar 24, 2025

Harassment through security cameras can indeed be illegal, even without physical contact. What you're describing could qualify as stalking, intimidation, or harassment under many state laws. The behavior creates a reasonable fear for your safety, and the fact that it's captured on camera... View More

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: What portion of my Massachusetts Disability Retirement is my wife entitled to in NH?

I live in New Hampshire and have a Massachusetts Disability Retirement. I have been married for 35 years, and we have no prenuptial or court-ordered agreements regarding asset division. We have not pursued any legal action or consulted professionals about retirement benefit division. We have no... View More

James L. Arrasmith
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answered on Apr 13, 2025

In New Hampshire, as in many other states, a spouse is typically entitled to a portion of the marital assets acquired during the marriage, including retirement benefits like your Massachusetts Disability Retirement. Since you and your wife have been married for 35 years, it’s likely that part of... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Q: Who is responsible for misleading advertising in a pull-tab game?

I bought pull-tab tickets at American Post 68, where a $150 ticket was advertised to be in the tank. Despite purchasing all the tickets, no winning ticket was found. Who is responsible for the misleading advertisement, and is the club obligated to pay out due to this misrepresentation, especially... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re dealing with a frustrating situation, and you may have some legal recourse. Since the $150 ticket was advertised as being in the pull-tab game, but no winning ticket was found, the organization may have engaged in misleading advertising or misrepresentation. The club, in... View More

1 Answer | Asked in Civil Rights and Libel & Slander for New Hampshire on
Q: Can I dismiss false statements from court records in NH restraining order case?

I am bringing my neighbor to court for a restraining order due to harassment and bullying, including false accusations involving my child and dog. I've documented everything and have video footage from my home security cameras. Despite reporting to the police, no action has been taken. The... View More

James L. Arrasmith
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answered on Mar 24, 2025

I understand your frustration with this difficult situation. Court records in New Hampshire typically remain part of the permanent record, even when they contain statements you believe are false or slanderous. However, you might have options to address this issue.

You could file a motion...
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1 Answer | Asked in Divorce, Contracts and Real Estate Law for New Hampshire on
Q: How to protect my rights in a summer cottage co-owned with ex?

I got divorced eight years ago, and I own a summer cottage with my ex. We made a verbal agreement that I would use half my equity to buy her out of my home, and I agreed to pay all taxes, gas, and maintenance until the money was put into the summer camp. I've been doing this for eight years... View More

William J. Amann
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answered on Mar 10, 2025

Hello. Issues like this are best handled by a good attorney with experience in litigation and real estate matters. Myr firm does work on cases like this.

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