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New Hampshire Questions & Answers
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 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

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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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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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

William J. Amann
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answered on Aug 20, 2023

An attorney-client relationship, just like other kinds of relationships requires trust, among other things. It's clear that you do not trust your attorney. However, I don't see any benefit to your own lawyer to intentionally lie to you about anything quite frankly, let alone sabotaging... View More

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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

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 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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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
Albert Hansen
Albert Hansen
answered on Jul 28, 2023

File a Motion to Reconsider citing the issues of law or findings of fact you believe the Judge misapprehended. This must be done within 10 days of sentencing. If you are outside that 10-day window, file a Motion for Late Filing as well explaining why you were late. This tolls the 30-day appeal... View More

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1 Answer | Asked in Personal Injury for New Hampshire on
Q: We had a bad storm. My neighbor claims that my tree caused electrical damage in his house. I didn't know about the tree.

I called my Insurance Company. They said I wasn't responsible for something I could not predict during a storm. Now he sent me a small claims bill for damage. It's over $3000 . Am I legally supposed to pay that?

Tim Akpinar
Tim Akpinar
answered on Jul 27, 2023

A New Hampshire attorney could advise best, but your question remains open for two weeks. It might be difficult for attorneys here to offer guidance based on these limited details. One option is for you to review your policy and form your interpretation of what it should cover - another option is... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is being bullied in jail because you are gay considered a hate crime?
T. Augustus Claus
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answered on Jul 11, 2023

If you are being bullied or targeted in jail because of your sexual orientation and it can be shown that the actions are motivated by bias or prejudice, it is possible that it could be considered a hate crime.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for New Hampshire on
Q: I was convicted of felonious sexual assault in 1999 (age 19) for a sexual act which technically occurred...

... In 1998 (age 18) with my 14 year old girlfriend. Though law is by no means my field of expertise, I've personally done a significant amount of RSA reading and Internet scouring hoping to find anything that could free me from this "brand" I'm forced to wear. With all the... View More

Leonard D. Harden
Leonard D. Harden
answered on Jun 22, 2023

I understand your situation. RSA 651:5 defines a FSA as a "violent crime" and prohibits it from annulment. It is difficult to get removed from the sex offender registry. Here are a links to check:... View More

1 Answer | Asked in Banking and International Law for New Hampshire on
Q: Is it illegal to send small amounts of cash through the mail internationally?

I want to send like $5 to a friend in the UK who's doing me a favor. Would I have to do it through paypal or something, or can I just include a $5 bill in the package I'm sending him?

James L. Arrasmith
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answered on Jun 18, 2023

It is not illegal to send small amounts of cash through the mail internationally, but it is not recommended. Sending cash through the mail can be risky, as it can be lost, stolen, or damaged in transit. Additionally, there may be restrictions or regulations on sending cash through the mail in... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: Can I pick up my granddaughter she hasn’t been to school in over a year. Can I get her and go to the police from there?

She has not been in school for over a year and I want to go get her. Her father, I believe has been doing drugs and she’s been living in a truck for over a year. Can I go and get her then from there go to the police so I don’t have a kidnapping charge? I want her to come live up here with her... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Suggest that you contact the school authorities where she lives, first and they can advise you from there. You don't usually automatically obtain custody of a grandchild without a court proceeding for the protection of the child. This case arises under FAMILY/CHILD ABUSE law. You need to... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for New Hampshire on
Q: Can I drive with my valid home country drivers license and passport in NH? Spouse of US citizen waiting for work permit.

I’m married to US citizen and filed for adjustment of status and employment authorization. At this point I have my I-797 receipt notice and have done the biometrics. My home country drivers license, passport and US visa are valid. Can I drive in the state of NH while I wait for my EAD?

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Most states require you to obtain a state driver's license after being a resident for a particular time period, it could be 10 days to 6 weeks. Non-Citizens can have US state driver's licenses. This case arises under traffic ticket law. You need to discuss with an attorney in your... View More

2 Answers | Asked in Criminal Law for New Hampshire on
Q: If I have a warrant out of Merrimack county why would the local cops from Sullivan county come knocking on my door?

What is an actual free website to obtain information on the warrant in question? And what happens after they leave w/o an answer? Can they request a search warrant?

Leonard D. Harden
Leonard D. Harden
answered on Jun 1, 2023

A warrant is not limited to the county that issued it. Typically a warrant will be for a state or may include multiple states. If agent trying to enforce warrant does not get an answer they may simply come back. The warrant may indicate that it is a no knock warrant and police would be able to... View More

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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
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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... View 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?
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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... View More

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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?

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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... View More

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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
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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... View More

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