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New Hampshire Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: is it against policy in NH to serve the same meal option EVERY DAY? bologna EVERY DAY?? Green moldy bologna??

Hello. My husband is incarcerated currently and he is served the same lunch option EVERY DAY! Bologna. Green rotten bologna that is inedible, like they are animals. I don't know much about how much the state benefits from taxes )amount wise) but i DO know what I pay in taxes and the state of... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your husband is receiving inadequate meals in incarceration, this may be a matter to bring to the attention of the appropriate authorities within the correctional facility. Each state has standards for prisoner treatment that typically include the provision of nutritious and safe meals. Moldy... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: We lost an eviction hearing and were given a 90 day discretionary stay. During the discretionary stay order the neighbor

Kids tested positive for high levels of lead. We have made all payments for the stay and the landlord had granted us stay in the apt since we have been on time with the rent payments. However now the property needs to be lead abated and us relocated. He's telling us he's going to take it... View More

James L. Arrasmith
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answered on Oct 23, 2023

In New Hampshire, landlords have an obligation to provide habitable premises, and the presence of high lead levels could violate this. If the property needs lead abatement and you must be relocated, the landlord's duty to provide habitable housing remains, regardless of your eviction status.... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

For the past six years the VA overpaid me for compensation and pension benefits. All that time I thought the benefit was a lifetime benefit. My stupidity is no excuse, but the VA paid me the benefits every month. At the time VA homeless shelter personnel collaborated with me to get the compensation... View More

William J. Amann
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answered on Oct 17, 2023

Your Justia inquiry came in as a "Bankruptcy" question, so I assume you think that is the way to go. It might be. First, you may be judgment proof and filing might be unnecessary. Second, the VA might have a process in place to deal with this. If it's Bankruptcy, I'm... View More

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1 Answer | Asked in Business Formation for New Hampshire on
Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?

If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure?

T. Augustus Claus
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answered on Oct 16, 2023

No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a... View More

1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can i take $ out of a easte account to pay rent that is owed and if so do i just use atm how does it work?
James L. Arrasmith
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answered on Nov 9, 2023

Accessing funds from an estate account should only be done by the executor or administrator of the estate, and only for legitimate estate expenses as allowed by law and the will, if one exists. Rent owed by the estate can be a legitimate expense, but it must be documented and justified as such. You... View More

1 Answer | Asked in Real Estate Law and Banking for New Hampshire on
Q: What is the Statute when the mortgage company will not provide the payoff statement?

Sold a house a week ago, and have been requesting the payoff statement for months.

T. Augustus Claus
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answered on Oct 10, 2023

In New Hampshire, when it comes to residential mortgage loans, lenders are generally obligated to provide payoff statements to borrowers in a timely manner. Under the federal Real Estate Settlement Procedures Act (RESPA), upon receipt of a written request from the borrower, the servicer is usually... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: How do I request a copy of the GAL report.

The GAL submitted the final report. How’s do I get a full copy of the report?

Joseph Caulfield
Joseph Caulfield
answered on Oct 4, 2023

You are entitled to a copy of the GAL report, less any information you have agreed in the GAL stipulation may be redacted, or the court has otherwise ordered redacted.

This is something confidences shared by a child to the GAL.

You may always move the court to release the redacted information.

1 Answer | Asked in Uncategorized for New Hampshire on
Q: My father passed away with no assets or estate. He had $8,000 in credit card debt. Who would have to pay debt
Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

If your father truly has nothing of value in his estate, and nobody else is responsible for the debt (like a co-signer), then the debt will become uncollectable and no one will be responsible.

1 Answer | Asked in Family Law, Adoption and Constitutional Law for New Hampshire on
Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR

I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great

James L. Arrasmith
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answered on Oct 15, 2023

In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is it possible to force a co-owner to sell or refinance?

2 years ago I purchased a home with the partner I’d been with for 8 years, both our names were put on the deed and mortgage (though I put in more than double the money he did and it was MY great credit that got us it). We separated shortly after and he has since REFUSED to sell it, refinance, buy... View More

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Unless it is his homestead, this sounds like a job for a suit to partition by sale. Co-owners of real property (called co-tenants in common in law) can petition the court at any time to partition the property by sale. The court will balance the equities based upon each party's contributions... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Constitutional Law for New Hampshire on
Q: What happens if local law enforcement does not act on this statute as the defendant creates breach of bail times 2

As I am a victim of a violent crime by strangulation by weapon (cane)on city trans. individual was arrested charged with a felony 2nd degree assault by strangulation (i believe being charged incorrectly)and now as the defendant since committed breach of bail x2 being in direct contact with me... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. When a defendant breaches conditions of bail, the court can revoke the bail and take the defendant into custody. Law enforcement is tasked with enforcing bail conditions and, if they fail to do so, they may not be upholding their duties appropriately.... View More

1 Answer | Asked in Divorce and Education Law for New Hampshire on
Q: My 4yo daughter just starting pre-school the school is asking to see my divorce papers and parenting plan is that legal?

They are demanding it, I told them what the parenting plan is and they don't like it and they say they will take action to change it. That doesn't sound legal to me, my ex isn't gonna do more then he already does, he's a dead beat dad. The court made him do the bare min if he... View More

Ian Robert Reardon
Ian Robert Reardon
answered on Oct 13, 2023

The school might request the parenting plan to determine who can pickup the children on specific days. They certainly don't have grounds to ask for it to be changed or modified.

3 Answers | Asked in Personal Injury for New Hampshire on
Q: A member is injured at a private club do to the fact that he was not given any rules to follow is that a cause of action

additionaly there are no rules posted

T. Augustus Claus
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answered on Sep 6, 2023

If a member is injured at a private club due to a lack of rules and regulations or the absence of clear guidelines, there may be grounds for a cause of action, depending on the circumstances and applicable laws in New Hampshire. While private clubs have some discretion in setting their own rules,... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Municipal Law for New Hampshire on
Q: can a police officer run my name through DMV RECORDS without a violation or traffic stop just to see if i have a license

if a police officer drives by me and i have had no police contact or reason for my information to be searchd online, did not break and traffic laws to warrant a stop, was not infact even pulled over for anything, can he just plug my name in the nh dmv database to see if i have a valid drivers... View More

James L. Arrasmith
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answered on Sep 11, 2023

Law enforcement officers generally have broad authority to access DMV records, which includes license status information. This access, however, should be exercised for legitimate law enforcement purposes and not on a whim or for personal reasons. If you believe your rights have been violated, you... View More

2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

Ordinarily a claim against your own attorney will be a claim for legal malpractice. You will be to prove that the attorney’s conduct fell below the standard of care of attorneys in the area and that that caused you to sustain damages, typically by losing a case you would have won.

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1 Answer | Asked in Elder Law and Family Law for New Hampshire on
Q: If my MIL has POA on her mother but is trying to force decision making onto my wife and I is that abuse of power?
T. Augustus Claus
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answered on Aug 9, 2023

If your mother-in-law (MIL) holds a Power of Attorney (POA) for her own mother, she has a legal duty to act in the best interests of her mother and make decisions that align with her mother's wishes and well-being. If your MIL is trying to force decision-making onto you and your wife against... View More

2 Answers | Asked in DUI / DWI for New Hampshire on
Q: Aftergetting guilty verdict dui bench trial.Mistakes made by judge.Should I put motion in pointing them out or on appeal
Leonard D. Harden
Leonard D. Harden
answered on Jul 28, 2023

It is likely too late to undo or fix an error after a finding of guilty by a judge in district court. The best time to raise issues is before the trial with motions, or during the trial when the issues can be fixed. If you represented yourself the likelihood of preserving a legal issue for appeal... View More

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1 Answer | Asked in DUI / DWI for New Hampshire on
Q: End of dui bench trial. Judge said we had 10 days to get closing statement in. Would judge give prosecutor more time?
Albert Hansen
Albert Hansen
answered on Jul 27, 2023

The Judge could give the prosecutor more time if he or she asks for it and he or she has a good reason for asking for it.

1 Answer | Asked in Consumer Law for New Hampshire on
Q: new stackable washer/dryer electrified itself and grounded out to the braided hoses and actually welded them together.

Sparks burnt wall and would of burnt home down if we were not there

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, a starting point could be to notify the manufacturer of the incident. Also, you could arrange for an electrician examine the connections and... View More

2 Answers | Asked in Car Accidents for New Hampshire on
Q: What happens when an insurance company takes responsibility for a car accident, then states they don't have enough money

On June 12, 2023 our vechical was parked at a friends house. Some one fell asleep at the wheel. They were driving a rental car. They hit a parked truck then hit our vechical and proceeded to cause damage to home owners property by pushing in a retaining wall. Budget rental cars insurance company is... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 22, 2023

Yes they must pay and within a reasonable amount of time up to the amount of the insurance policy limits. For more than that you can proceed against the at fault driver but the insurance will not pay until you give a full release.

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