New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: What is the maximum amount an attorney can legally charge a client for a chapter 13 bankruptcy in the state of NH?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Oct 20, 2017

Attorneys fees in Chapter 13 are subject to local court rules. Attorneys may charge anything in accordance with the contract with the debtor/client but if the fee exceeds the "no look" amount of a maximum of $4,500, then the attorney must file an application with the court to have the fee approved. The court will grant or deny the application based on all of the circumstances. No fee application is required if the total of the fee received is $4,500 or less. But anything over requires an...
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Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Answered on Oct 19, 2017

Depends on what kind of Motion it is, generally speaking-10 days...
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Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on
Answered on Oct 19, 2017

The rules of the court state if the defendant does not respond to the summary judgement motion, then the case will be dismissed. Courts like to dismiss cases so this is unusual, if the summary judgment motion was not filed within the time frame of the rules that were set by the parties then the court would not be able to dismiss the case. In other words if the SJ was filed after the time to do so was allowed, then the court would not dismiss. Also, the court does not have to dismiss a case just...
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Q: Are there any laws that govern a shared private road and access to property?

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
Answered on Oct 19, 2017

One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that the offender abide by the rules regarding private access, repair and rules if any were indeed written when the road was formed. make sure to check the original surveys that were done to show actual...
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Q: I was involved in an accident 6 weeks ago, but just began to experience neck pain this week.

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Oct 19, 2017

Not sure if you ever received an answer to your query, but kep in mind, many people do not immediately experience pain form an accident, sometimes it does take weeks or even months to realize the accident may have caused you the pain you are now feeling. If you do feel any pain, its best o go to see your doctor or emergency room to have it looked at and to make sure someone can determine the underlying cause, and to also determine if the accident is the case. It's best to notify the other party...
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Q: Check the more information section

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Oct 15, 2017

If she is not complying with the Court Order then one option is to file a motion for contempt. She will be responsible for your costs if you are successful. The guardian cannot stop visitation - you will need to ask the Court to modify the Order so your daughter gets to dance class.
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Q: Is it legal in NH for my boss fire me for filing bankruptcy?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Oct 4, 2017

Not to my knowledge. Unless you owe your boss money, there is no particular reason for him/her/it to know about your filing of a petition.
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Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Answered on Aug 8, 2017

One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce papers in New Hampshire.
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Q: Someone trespassed (broke into) into my apartment and I have them on camera. What do I do to file a burglary charge?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Aug 8, 2017

Go speak to your local police.
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Q: My daughter got charged with underage possession of alcohol in laconia NH what should she plead

1 Answer | Asked in DUI / DWI for New Hampshire on
Answered on Aug 3, 2017

Contact this lawyer to ask him: Ryan Russman, 603-772-3433. He has offices in several cities in New Hampshire.

There may be a diversion or some sort of deferral program that you can opt to take.
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Q: If I file for bankruptcy, what happens to my student loan debt?

3 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Aug 2, 2017

IF your student loans are federal student loans, then they are not discharged. They will go into a deferment status for while in Bankruptcy. I warn you, if you do this, continue to make your student loan payments, even if deferment occurs, because if you do not, late fees, and interest continue to run and when you get out of Bankruptcy, they will be huge and unmanageable.
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Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on
Answered on Aug 2, 2017

Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.
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Q: How soon after my accident do I need to contact my insurance company?

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Jul 13, 2017

Makes sense to involve them as soon as possible--however if you were hurt, contact a member of the NH Assn for Justice first--they give free consults and that way you can make sure you know your rights.
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Q: A website copies our content 100%, as is, with no compensation to us. Where can we sue them?

1 Answer | Asked in Copyright, Intellectual Property, International Law and Internet Law for New Hampshire on
Answered on Jul 5, 2017

It sounds like a very complex case, involving international copyright issues. You might consider asking yourself whether enforcement of your intellectual property rights will yield a net positive gain, because it sounds like a very expensive case to pursue legally, and may require a team of lawyers licensed in different countries. What kind of revenue are you losing to the putative infringer? Does the infringer have money to pay on a judgment?

However, there may be targeted, surgical...
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Q: sons phone caught fire in his pocket. Due to quick reaction he was not injured. Is there any conpensation in this

1 Answer | Asked in Products Liability for New Hampshire on
Answered on Jul 5, 2017

Other than requesting that your son receive a new phone that doesn't catch fire, there would not be any damages to claim.
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Q: Will I lose my workers comp case if I have surgery before it has been approved?

1 Answer | Asked in Personal Injury and Workers' Compensation for New Hampshire on
Answered on Jun 22, 2017

Don't see that you would but a serious injury like that with possible scar tissue in the future you should have an attorney who handles comp, and you should ask them. If you don't, look for a member of the NH Assn for Justice who handles comp--they give free consults.
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Q: My ex and i have a parentung plan with him to have her every other week during the summer. My wedding falls on a week he

1 Answer | Asked in Family Law for New Hampshire on
Answered on Jun 19, 2017

Violating the parenting plan, especially for a non-exigent matter, is never a good idea. Unless your wedding is right around the corner you can try consulting an attorney.
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Q: Can I take my child from new hampsher back to Missouri leaveing her drug out mom there is no costudy order sighned

2 Answers | Asked in Child Custody for New Hampshire on
Answered on Jun 15, 2017

You need to get a custody order in place.

Otherwise, when you leave for MO, she may file papers in NH and you may have to bring the kids back.
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Q: Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Jun 5, 2017

If you file a Chapter 7 that will slow the process of repossession down because there is an automatic stay imposed which prevents creditors from collecting and in your case repossessing the vehicle temporarily. However, the lender will likely file a Motion to Lift the Automatic Stay and unless you object and can work out a deal with the lender to get caught up on the payments the automatic stay will be lifted and they can repossess the vehicle. If you file a Chapter 13 and put your arrears...
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Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Answered on May 31, 2017

Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows:

The foregoing instrument was acknowledged before me this __________...
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