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New Hampshire Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts and Collections for New Hampshire on
Q: How to avoid paying a defaulted car loan I cosigned?

I cosigned a car loan, and the primary borrower has defaulted. Despite communicating with the lender about options to remove myself and exploring refinancing, the loan company is now suing me due to the default. This has severely impacted my credit score and financial status. How can I legally get... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 3, 2025

Other than filing bankruptcy, you can't. You co-signed, which means you accepted full responsibility for every payment to the lender, regardless of any agreement that you had with the other signer. You are on the hook at much as the other signer, and they don't have to come after him if... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for New Hampshire on
Q: Assault at storage facility by property manager; police consider charges.

My husband and I were assaulted at a storage facility in which we rent a container, by a man claiming to be the owner—later identified as the property manager. During the altercation, the manager damaged our phone and assaulted my husband. Although the incident was recorded, the police mentioned... View More

Stephen Arnold Black
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answered on May 27, 2025

You may be able to sue the storage facility for the actions of its employee, as businesses can be held liable for misconduct by their staff. A lawsuit could seek damages for assault, emotional distress, and property damage. A personal injury attorney can assess the strength of your case and guide... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for New Hampshire on
Q: Arrested for felony theft after delivering stolen package, seeking compensation for ordeal.

I was working as a delivery driver for a major service when I picked up a package as directed and delivered it to the designated drop-off location. Two weeks later, I was arrested on a warrant for felony theft because the package turned out to be stolen. I have been released on bond, with a court... View More

Leonard D. Harden
Leonard D. Harden
answered on Mar 7, 2025

It seems like you may still have a criminal case. If so you should hire the best defense lawyer in the area where the court is located. I would suggest looking for any attorney who has at least 10 years of experience, is a member of a national (NACDL) and NH specific criminal defense lawyer... View More

1 Answer | Asked in Health Care Law and Civil Litigation for New Hampshire on
Q: Can I sue my health insurance company without a lawyer?
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A New Hampshire attorney could advise best, but your question remains open for a week. Until you are able to arrange a consult with a local attorney, the basic rule is that people are free to represent themselves (pro se). Health insurance carriers could impose conditions on their policies or... View More

1 Answer | Asked in Civil Litigation and Constitutional Law for New Hampshire on
Q: In the event someone borrowed my $1,000 mountain bike and he left it on someone's summer property in December and the

Owners of the property saw him on there cameras and they called the police. He ran and left my bike behind are the cops allowed to keep it? His court dates are all cleaned up and they wanted proof it was mine so I showed pictures of it in my yard and they are saying that it could have been stolen... View More

James L. Arrasmith
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answered on Dec 8, 2023

In this situation, the police may retain the bike temporarily as part of their investigation, especially if there's uncertainty about its ownership. It's important to continue cooperating with the police, providing any additional evidence you have that supports your claim of ownership.... View More

2 Answers | Asked in Civil Litigation, Contracts and Appeals / Appellate Law for New Hampshire on
Q: Why would the court allow a one-sided settlement agreement under duress, and what are my next steps?

I have a civil suit in New Hampshire against the manufacturer and installer of a newly constructed manufactured home I purchased in July 2024. Despite my initial settlement offer being accepted, I was forced under duress to sign a one-sided global agreement without my provisions, or I risked... View More

Lauren Joseph Wolongevicz
Lauren Joseph Wolongevicz
answered on Nov 6, 2025

Based on New Hampshire law, courts enforce settlement agreements despite duress claims because the legal standard is difficult to meet. To prove duress, you must show: (1) you involuntarily accepted the terms, (2) the opposing party wrongfully exerted coercive pressure, (3) you had no reasonable... View More

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1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Real Estate Law for New Hampshire on
Q: Can I file a suit for coercion based on a forced settlement agreement regarding a defective home purchase in NH?

I am considering filing a suit for coercion because the defendants in my civil suit forced me to sign a mutual settlement agreement with terms I did not agree with. The agreement involves them buying my new construction manufactured home, purchased in July 2024, which has numerous defects they were... View More

James L. Arrasmith
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answered on Oct 23, 2025

What you describe is typically litigated as “duress” or “economic duress,” not a freestanding tort of “coercion.” In New Hampshire, you can set aside a settlement only by proving an improper or unlawful threat that left you with no reasonable alternative, and that the threat caused your... View More

1 Answer | Asked in Divorce, Civil Litigation, Estate Planning and Family Law for New Hampshire on
Q: What can I do if my ex-wife filed for divorce with an incorrect document in NH?

I recently discovered in 2025, while looking through paperwork, that my ex-wife had filed for divorce using a certificate of live birth instead of a birth certificate. I believe this document was improperly accepted by the court. Included in the petition filed was evidence of a trust worth millions... View More

James L. Arrasmith
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answered on Oct 22, 2025

You’re dealing with two distinct issues: a technical filing irregularity and a potential asset‑concealment scheme. A “certificate of live birth” is usually a hospital record, not a state‑certified birth certificate, and its acceptance alone rarely invalidates a divorce unless it impacted... View More

Q: Can I challenge a coerced settlement agreement after closing on house?

I am being coerced into signing a one-sided global settlement agreement with unfair provisions to close on my house on 10/24. The park is supposed to buy my house as part of the settlement, but they refuse to accept any of my provisions related to health issues and harassment by park employees, and... View More

James L. Arrasmith
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answered on Oct 21, 2025

If you’re being pressured into signing an agreement you believe is unfair, you still have options after closing. A settlement agreement signed under coercion, duress, or fraud may be challenged in court, but it requires showing clear evidence that you were forced or manipulated into signing... View More

1 Answer | Asked in Civil Litigation, Business Law, Contracts and Real Estate Law for New Hampshire on
Q: Can I demand the decision-makers' names in a civil suit settlement?

In the discovery phase of my civil suit against the manufacturer and installer of my new construction manufactured home in New Hampshire, I am in the process of negotiating a settlement agreement. The attorneys for the defense have not disclosed the names of the decision-makers involved, preferring... View More

James L. Arrasmith
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answered on Oct 21, 2025

You can demand, through discovery and negotiation, the names and titles of the individuals who possess relevant knowledge and who hold authority to sign a settlement for each Defendant. The law does not treat identity as privileged; privilege protects internal deliberations and “levels” of... View More

Q: Do I have recourse if park backs out of home purchase due to agreement issues and health concerns?

I am a retired, disabled senior on a limited income and am involved in a settlement agreement where a park is purchasing my new construction manufactured home, with a closing date set for 10/24. They are pressuring me into signing a one-sided agreement. The purchase and sale agreement states that... View More

James L. Arrasmith
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answered on Oct 21, 2025

You do have leverage under New Hampshire contract law, but it turns on the text of your purchase‑and‑sale and the implied covenant of good faith and fair dealing in every contract. If the park weaponizes the “not finalized by closing” escape clause after pressuring you to accept a lopsided... View More

Q: Need attorney review on settlement agreement for manufactured home.

I am entering into a settlement agreement in my Deceptive Trade Practices and Negligence case against the manufacturer and installer of a manufactured home I purchased in July 2024. My main concern is the release of claims, as it appears to favor the defendants. I want to ensure I am protected. The... View More

James L. Arrasmith
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answered on Oct 16, 2025

You should not accept a one-sided “global” release. Limit the release to claims you have or could have asserted against the manufacturer and installer through the effective date and arising from the purchase, installation, defects, and repairs; expressly exclude claims against non-parties... View More

1 Answer | Asked in Land Use & Zoning, Environmental, Civil Litigation and Real Estate Law for New Hampshire on
Q: Can we legally challenge a shooting range development in our neighborhood in Mont Vernon, NH?

I live in a quiet residential neighborhood in Mont Vernon, NH, where a landowner is planning to build a shooting range. Despite our concerns over safety, noise, potential impacts on wetlands, and the effect on property values, the town officials have told us it's legal for the landowner to... View More

James L. Arrasmith
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answered on Oct 11, 2025

It’s understandable to feel concerned when a development like a shooting range is planned so close to your home, especially when it affects your peace of mind and property values. In New Hampshire, towns have limited control over private property use unless local zoning ordinances specifically... View More

2 Answers | Asked in Civil Litigation and Contracts for New Hampshire on
Q: Do I need to attend a deposition after entry of default in a civil case?

I am involved in a civil case concerning a partnership agreement. I recently received a notice of entry of default from the court. Prior to this default, there was a subpoena for a deposition scheduled for October 1st. I have not received any communication from the other party regarding whether I... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Sep 30, 2025

It seems unlikely but an entry for default does not end the case. Damages must probably still be ascertained, and the attorneys will want to probe for those issues. There is no reason to take a chance, simply call the attorney's office that issued the subpoena and ask them if the deposition... View More

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1 Answer | Asked in Civil Litigation, Construction Law and Real Estate Law for New Hampshire on
Q: Settlement filing timing in manufactured home lawsuit

I have a civil suit against the manufacturer and installer of a new construction manufactured home I purchased in July 2024 for $236,500. They accepted my settlement offer to buy my home at the listed price of $224,999 and reimburse me for my out-of-pocket roof and closing costs. I'm trying to... View More

James L. Arrasmith
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answered on Sep 27, 2025

When a settlement is reached in a civil case, the agreement generally needs to be signed by both parties to be enforceable. The timing of when it gets filed with the court depends on how the settlement is structured and how the judge wants the case finalized. Typically, the settlement paperwork is... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for New Hampshire on
Q: Seeking advice on removing an obstructive fence and recovery of legal fees from a developer declarant.

I purchased a condo in December 2023. The owner of an adjoining condo, who is also the developer declarant, attached a fence to two corners of my condo, which prohibits access to my Limited Common Area (LCA). The developer declarant created the site plan indicating a 10' LCA from my south... View More

James L. Arrasmith
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answered on Sep 2, 2025

You have a strong argument that the fence interferes with your Limited Common Area rights as set out in the condominium declaration and site plan. The fact that the developer declarant himself created the plan showing a 10-foot LCA from your wall supports your position. Even if you purchased “as... View More

1 Answer | Asked in Civil Litigation, Construction Law, Consumer Law and Real Estate Law for New Hampshire on
Q: Will selling my home affect my civil suit against the manufacturer and installer?

I have a civil suit against both the manufacturer and installer of my new construction manufactured home, filed in January 2025, due to numerous warranty issues including a defective roof, water leaks, and structural problems. I've documented everything, and I am managing the ongoing legal... View More

James L. Arrasmith
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answered on Aug 29, 2025

Selling your home will not automatically end your civil suit, but it could change what types of damages you can claim. Since your lawsuit is based on defects and warranty issues that existed while you owned the home, you still have the right to pursue claims for the harm you experienced, including... View More

1 Answer | Asked in Construction Law, Consumer Law, Contracts, Civil Litigation and Real Estate Law for New Hampshire on
Q: Can I sell my manufactured home with a pending lawsuit due to defects?

I purchased a new construction manufactured home in July 2024, which has numerous defects covered under warranty that neither the installer nor the manufacturer have repaired. They are blaming each other for the issues. I filed a civil suit in January 2025 for breach of contract, negligence, and... View More

James L. Arrasmith
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answered on Aug 28, 2025

You can sell your manufactured home while a lawsuit is pending, but you’ll need to be prepared for extra steps. Any buyer has the right to know about material issues affecting the property, including unresolved defects and active litigation. If you don’t disclose the lawsuit, you risk future... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for New Hampshire on
Q: Am I at fault for crossing the yellow line when passing a parked car in NH, or does the other driver share fault?

During a drive on a rural road in New Hampshire on a clear sunny afternoon, I slowed down to pass a parked vehicle on the side of the road. This maneuver required me to slightly cross the yellow line. Another driver, coming from the opposite direction, did not slow down or move over, resulting in a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2025

A New Hampshire attorney could advise best, but your question remains open for a month. Until you are able to discuss with a New Hampshire attorney in terms of applicable Vehicle & Traffic Laws, in most places nationwide, the fault would lie primarily with the vehicle making the incursion into... View More

Q: Should I hire an attorney or an arbitrator for my car accident claim?

I was involved in an automobile accident, and both insurance companies have sided with their clients. I have been in contact with the other party’s insurance, but no settlement offers have been made yet. There are no ongoing negotiations, and I am considering taking legal action to fight this... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2025

A New Hampshire attorney could advise best, but your question remains open for a week. The natural choice in most places is generally an attorney. There are arbitrators who represent clients outside of their arbitration schedule, but it depends on the type of case that comes to them and the... View More

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