Lawyers, Answer Questions  & Get Points Log In
New Hampshire Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for New Hampshire on
Q: Is it possible, when we only sell vintage ralph lauren clothing, to use ralph lauren in our marketing and on our site?

Like ‘we walk in ralph lauren’ or in advertisement or just ‘vintage Ralph Lauren’ on our website?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

It's important to be cautious when using another company's brand name in your marketing or on your website. In general, using a brand name in a way that implies endorsement or affiliation with your business may be considered trademark infringement. However, if you are simply selling... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Chapter 13 My lawyer proposed a repayment plan, but I know that I won’t be able to keep up with it. What should I do?
William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: If I file chapter 13, and I’m making my monthly payments…..can I sell my home, pay off the bankruptcy plan payments,

Can I keep the remainder of my home equity?

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023

Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... Read more »

View More Answers

1 Answer | Asked in Civil Litigation and Small Claims for New Hampshire on
Q: What happens when a small claims co-defendent gets notification of a small claims suit if they don't live at the address

My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2023

Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Hampshire on
Q: what is the average payout for a mild concussion and a neck sprain due to a car accident?
Tim Akpinar
Tim Akpinar
answered on Apr 26, 2023

A New Hampshire attorney could advise best, but your question remains open for a week. But as a general matter in any region, many attorneys are reluctant to speculate such dollar values. There are factors that distinguish one case from another - insurance carrier, venue where the case would be... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If people say they're coming to my house to kill me and I say come on then am I at fault if they show up with guns?

We were all drunk. They came, one with a gun and one without and threatened me and my family. I had a gun and told then to leave. A shot was fired by someone into the ground. They left. Who is most at fault?

Leonard D. Harden
Leonard D. Harden
answered on Apr 21, 2023

The answer depends on many factors. It really depends on the circumstances.

The law is RSA 627:4 Physical Force in Defense of a Person. –

I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably...
Read more »

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: Question about receiving an inheritance in the middle of chapter 7 bankrupty.

Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... Read more »

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2023

Before you file Bankruptcy under any chapter, consult competent counsel.

Property of the estate is defined by 11 USC § 541. It includes:

Any interest in property that would have been property of the estate if such interest

had been an interest of the debtor on the date...
Read more »

View More Answers

1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... Read more »

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... Read more »

3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... Read more »

View More Answers

3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William Michael Bryk
William Michael Bryk
answered on Mar 19, 2023

I assume that you owe the money. Consider your assets, i.e., what you own, such as a house and any other real property, automobiles, stocks and bonds, and any other debts you may have - other credit card debt, personal loans, mortgages, and income tax arrears immediately come to mind. Also... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2023

What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid

perfected lien or interest...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 18, 2023

Judgments, when final, generally become liens against the debtor's real estate located in that state.

If a bankruptcy case is filed withn ninety days of the judgment's becoming a lien on the real estate, it may be voided in bankruptcy as a preferential transfer.

If...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
answered on Mar 18, 2023

First, check with the Register of Deeds in your county to see whether a lien has been filed against your home. A great deal turns on whether you have a mortgage, as the mortgagee has a lien superior to anything the credit card company may have. If so, check the balance due on the mortgage against... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

Leonard G Deming
Leonard G Deming
answered on Mar 15, 2023

I agree with Attorney Amann. The Writ of Execution is a court order granting the creditor to take possession of your property which is not exempt from the actions of creditors to collect debt. It can include filing with the Hillsborough County Registry of Deeds to lien your property, or to go after... Read more »

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
Read more »

View More Answers

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Can a dba registered In one state be used in commerce in a state other than which it is registered.
William J. Amann
PREMIUM
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... Read more »

2 Answers | Asked in Immigration Law for New Hampshire on
Q: I want to change my visa type from B2 visa to a Green card. my sister is citizen of US can she apply for me?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

Yes, your sister who is a U.S. citizen can apply for you to become a permanent resident (obtain a Green Card) through a process called Family-Based Immigration. There are different categories of Family-Based Immigration, and the specific category that your sister would apply under would depend on... Read more »

View More Answers

2 Answers | Asked in Immigration Law for New Hampshire on
Q: I want to change my visa type from B2 visa to a Green card. my sister is citizen of US can she apply for me?
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2023

A US citizen sister can sponsor her sibling for a green card, but the wait time to get a visa is roughly 12 to 13 years, and if you are in the United States and want to adjust status, you have to be in a valid status in order to file for adjustment. If you are out of status at the time your visa... Read more »

View More Answers

1 Answer | Asked in Municipal Law and Public Benefits for New Hampshire on
Q: We lost our place to live. We are paying for a hotel but it is my whole paycheck. Does the city welfare have to help us?

We got the room for $114 each night. My husband's health isn't good so we can't go into a shelter he has a service dog.

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

A New Hampshire attorney could advise best, but your question remains open for three weeks. I'm sorry for your difficult situation. Here is a link to New Hampshire Legal Assistance.

https://www.nhla.org/legal

One of the categories they list under their legal assistance programs...
Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.