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New Hampshire Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What is the penalty for first time willful concealment in NH
James L. Arrasmith
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answered on Apr 16, 2024

In New Hampshire, willful concealment (also known as shoplifting) is treated as a misdemeanor for a first offense if the value of the merchandise is under $1,000.

The potential penalties for a first-time willful concealment conviction in NH include:

- A fine of up to $1,200...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I paid all past dues before a Writ of Possession, but lessor is refusing to notify the court?Is this not correct of them

I have asked multiple times for them to submit a receipt of payment and dismissal but they are not doing this. I have also paid to terminate the lease as well which I am unsure I needed to do. Additionally, I am read under NH law under “agreements” of which we made and I have on record via... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a frustrating situation, having fulfilled your financial obligations and still facing challenges with your lessor. If you've paid all past dues and even the cost to terminate the lease, you should expect that these actions be acknowledged and appropriately... View More

1 Answer | Asked in Employment Law for New Hampshire on
Q: Is my employer required to pay me for 14 hours as a passenger, hourly employee, driving to a convention?

I am a hourly employee in NH. My company drives us to Boston, Philadelphia, Indianapolis for conventions. We drive to further away conventions, not fly, because the CEO has an exempt salary worker do all of the driving- in other words, he's not paying out any additional hours during travel,... View More

Michael Levin
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Michael Levin
answered on Apr 13, 2024

First, to be clear, this belongs under the heading of Employment Law, not Workers' Compensation. The latter, Workers' Compensation, only refers to workplace injuries. I am a workers' comp. attorney and will have to defer to the attorneys who handle employment law to give you an... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.

My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.

My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about the difficult situation you're in with your Chapter 13 bankruptcy case. A 200%+ increase in your total plan payments from $71,000 to $188,000 over just 6 months, without you incurring any new debt, does seem highly unusual. Here are a few thoughts and suggestions:... View More

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1 Answer | Asked in Education Law and Personal Injury for New Hampshire on
Q: Can I sue a school district or school nurse for negligence?

A student at my son's school goes to the nurse to receive his prescribed med (clonidine) everyday. This student will hide the med under his tongue, in his cheek or slip it into his pocket when the nurse isn't looking or paying attention and brings it to my son to take. My son has been... View More

James L. Arrasmith
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answered on Apr 11, 2024

In this situation, you may have grounds to pursue legal action against the school district or school nurse for negligence. Here are a few key points to consider:

1. Duty of care: Schools and their staff have a legal obligation to ensure the safety and well-being of students under their...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Could you help me interpret this NH statute about tolling statutes of limitations?

(625.8)

VI. The period of limitations does not run:

(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; or

(b) During any time when a prosecution is pending against the accused... View More

Leonard D. Harden
Leonard D. Harden
answered on Apr 1, 2024

The starting point for determining whether the statute of limitations bars prosecution is RSA 625:8. The general rule is that the State has six years to prosecute a felony, one year to prosecute a misdemeanor, and three months to prosecute a violation, RSA 625:8, I (a)-(d), but the statute contains... View More

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If the clerk issues me a premature Writ of possession in an eviction case still on appeal, should I enforce it?

What happens if I do or don’t?

James L. Arrasmith
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answered on Mar 31, 2024

I would strongly advise against enforcing a premature Writ of Possession while an eviction case is still pending on appeal. Here's why:

If you enforce the Writ prematurely and the tenant ultimately prevails on appeal, you could be liable for damages for wrongful eviction. This could...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I rent (lease) an apartment in NH. Can I be evicted because of loud noise due to a medical issue? I am also disabled.

I am a diabetic in a wheelchair with both legs amputated. Due to long times of lack of sleep I would become unaware of what I was doing and have loud outbursts (moans/screams) creating a disturbance. I am under a doctors case and he has given me medication that helps me sleep and it is now helping.... View More

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're facing a challenging situation, and your condition and circumstances are indeed factors that deserve consideration. In New Hampshire, as in many places, tenants with disabilities are protected under federal laws such as the Fair Housing Act, which requires landlords to... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: I signed a purchase and sales at a dealer, paid for the vehicle.

I still have not been able to get the vehicle as the dealership does not have the title. What are my rights of rescinding this deal.

James L. Arrasmith
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answered on Mar 19, 2024

If you have paid for a vehicle but the dealership cannot provide the title, your rights to rescind the deal may depend on the terms of the purchase agreement and the laws of your state. Generally, a dealer must provide a clear title at the time of sale or within a reasonable period. If they fail to... View More

1 Answer | Asked in Probate and Family Law for New Hampshire on
Q: Is there a way to have an adult name change without the name on my birth certificate going away? Can it be an AKA?

I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.

Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More

Nina Whitehurst
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answered on Mar 7, 2024

In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Hampshire on
Q: A Massachusetts LLC that is not registered as a foreign corp. in New Hampshire has purchased land in NH

Should the local planning board accept his application? There is a Planning Board meeting tonight an I will be raising this issue and would like to know if the local government board should be considering this application where NH Law requires that foreign corporations register with the Secretary... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a Massachusetts LLC, which has not registered as a foreign corporation in New Hampshire, has purchased land in NH, the question of whether the local planning board should accept its application is nuanced. Under New Hampshire law, foreign corporations (which include LLCs formed in other states)... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Criminal Law for New Hampshire on
Q: My son’s been stressed due to separation/divorce. He has guilt & remorse for rough handling of 6-mo son at 4 AM changing

My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 17, 2024

The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If you're a registered owner of a vehicle that was towed under questionable circumstances, you have the right to dispute the towing and any associated fees. The process typically involves requesting a post-tow hearing or similar administrative review in your jurisdiction. This is a platform... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If your vehicle was towed following a traffic stop involving others, and you believe this was done without legal cause, you have the right to dispute the towing and the associated fees. The first step is to request a tow hearing, which is your legal right. This hearing is an opportunity to argue... View More

1 Answer | Asked in Education Law for New Hampshire on
Q: Is it legal for a school administrator to drive to a students house after school hours for no reason at all

I saw my school administrator waiting for me at my street address after school hours for no reason at all as I drove by her she then left as I drove past and continued

James L. Arrasmith
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answered on Jan 10, 2024

It's unusual for a school administrator to visit a student's home without a clear reason, and it can raise concerns. There are protocols and policies in most schools regarding staff interactions with students outside of school hours and premises, especially for home visits.

If...
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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: My Chapter 13 payments which started 9 months ago have been raised from $500 to $3500.

Should I withdraw now, or wait to see if it’s dismissed by the judge?

James L. Arrasmith
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answered on Jan 3, 2024

The significant increase in your Chapter 13 payment plan from $500 to $3500 is a substantial change and warrants careful consideration of your options. First, it's important to understand why the payment was increased. This could be due to changes in your income, expenses, or adjustments to... View More

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Where can I find all liens on my property? I looked on the NH Registry of Deeds and couldn’t find it .
James L. Arrasmith
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answered on Jan 3, 2024

To locate all liens on your property in New Hampshire, there are a few steps you can take beyond checking the NH Registry of Deeds. While the Registry is a primary source for this information, it's possible that not all liens are recorded there, or they may not be easy to find due to indexing... View More

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