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New Hampshire Questions & Answers

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: Buying a house the sellers Lawyers put this in the additional provisions. We may have to go to them for roof concession

Should we sign it.

“all fixtures, personal property, and real property to be transferred hereunder shall be as is with mo warranties express or implied

Vincent Gallo answered on Jun 9, 2019

Not if you don’t agree to those terms.

Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on

Q: What sentence would you receive if convicted of class b felony for forgery?

Leonard D. Harden answered on Jun 6, 2019

It depends on many factors. There is no sentence that is imposed on a forgery conviction. The maximum for a class B felony is 3.5 to 7 years and a $4,000 fine. The minimum is nothing. Factors that are important include: criminal history, type of forgery, amount of loss, restitution paid in... Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on

Q: Is normal to be given 2 complaint slips? One for aggravated dui and claimed I eluded the officer, the other just a dui?

I saw a cop turn around and was nervous, he did not have his blues on. I pulled down a side street and parked in a random driveway. He then pulled up put his blues on and arrested me for dui after a field test.. but is trying to charge me for aggravated dui for eluding him, but why would he hand me... Read more »

Leonard D. Harden answered on Jun 4, 2019

The charges are in the alternative. This means that the state may seek the enhanced penalty that an aggravated DWI carries if they prove the eluding. As a fall back the state can rely on the the DWI 1st offense.

It is important that you talk with a qualified DWI attorney ASAP. You have...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Small Claims for New Hampshire on

Q: Can a x gf whom moved out 3dys ago break into my house which i own an remove stuff with out me there?

Girl friend leaves me moves to another state 3 days later breaks into my house throu a window, gets her belonging, my sons which thers no court order on custody an takes some of my stuff... i called the cops an they said nothin they can do settle it in small claims...

Gary Kollin answered on Jun 1, 2019

If the only thing she took was her own property and no or little damage occurred to house, i believe they were exercising their discretionary authority to not pursue criminal charges

1 Answer | Asked in Family Law for New Hampshire on

Q: I am 13 years old,am I allowed to go to court to support my family member?

Israel Piedra answered on May 30, 2019

Anyone is allowed in a courtroom. It is open to the public, with certain very limited exceptions. I'm not sure I understand your question.

1 Answer | Asked in Real Estate Law for New Hampshire on

Q: My neighbors tree has large branches over hanging onto my property. Can I legally cut them if it’s their tree?

Israel Piedra answered on May 28, 2019

There is no clear answer to this question in New Hampshire, surprisingly. The Vermont Supreme Court case of Alvarez v. Katz has some guidance (Vermont law): https://law.justia.com/cases/vermont/supreme-court/2015/2014-385.html.

Practically speaking, if you cut without permission, you are...
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1 Answer | Asked in Child Custody for New Hampshire on

Q: Is alcoholism grounds for loss of child custody?

Husband is intoxicated and unsafe with children but refuses to leave home. What do I do? I am afraid he will get partial custody if i take it to court and I'm terrified of my kids being in his care while under the influence

Israel Piedra answered on May 28, 2019

That would certainly be a factor in a custody (parenting) determination. However, courts tend to want both parents involved in the children's lives. Without documented abuse, it is difficult to fully terminate parental rights. If the alcoholism is well documented (arrests for DUI, etc.), you MAY be... Read more »

1 Answer | Asked in Immigration Law for New Hampshire on

Q: Can we travel to the US on a tourist visa before we begin work on an H1-B visa?

We are UK citizens and due to come to the states in March of 2020 on a work visa with my company. Can my wife and kids move to the states in September for schooling and then be joined by me when my transfer is complete in March?

Hector E. Quiroga answered on Apr 22, 2019

Under those circumstances, they would not be let in, since tourism is not their reason for entering.

1 Answer | Asked in Trademark for New Hampshire on

Q: Hi, My company is called Seacoast House Cleaning, is that infringing on company with the trademark Seacoast Cleaning

We are both in the same area, they issued a cease and desist because of trademark infringement.

Griffin Klema answered on Apr 11, 2019

You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.

1 Answer | Asked in Car Accidents and Wrongful Death for New Hampshire on

Q: My friend lost her daughter in a car accident. She was on the crosswalk in a 30mph zone close to the traffic light area.

Can her mom file for wrongful death. Her daughter was 20yrs old single living with mom.

Peter N. Munsing answered on Mar 18, 2019

Yes, she should contact a member of the NH Assn for Justice--they give free consults.

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New Hampshire on

Q: Why is a law firm able to appropriate a trademarked name, “Better Call Saul,” with “Better Phone Stone” slogan?

It’s a question for my business law paper. The firm’s ripped off slogan is service marked; even though the entities are non-competing, they are making commercial profits from it nonetheless from another’s trademarked name. Why is this legal?

Griffin Klema answered on Mar 18, 2019

It sounds like you need to do your homework instead of seeking advice from a professional lawyer :) Here's a hint: look at the DuPont factors to determine whether two marks cause confusion in the marketplace. Good luck!

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on

Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?

Robert O'Brien answered on Mar 17, 2019

Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it will... Read more »

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1 Answer | Asked in Trademark for New Hampshire on

Q: Can I use the BMW M colors in a logo for a vehicle repair shop that works on BMW vehicles?

Wondering if I can use the colors in a logo design without trademark or copyright infringement?

Marcos Garciaacosta answered on Feb 27, 2019

No, unless you get explicit permission from the owner of the brand.

1 Answer | Asked in Family Law for New Hampshire on

Q: If there is a parenting plan in place but need to change it. The father is living in motels and I have a stable living

He has been verbally abusive as well. Is this good to be able to change the plan? What do I need to do?

Andrew S. Winters answered on Feb 17, 2019

The law allows you to ask to modify a parenting plan for certain reasons. The list of reasons is found in this statute: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-11.htm

Here is a list of court instructions on how to file a petition to modify...
Read more »

1 Answer | Asked in DUI / DWI and Juvenile Law for New Hampshire on

Q: Can I represent a friend in a New Hampshire court of law?

I am an 18 year old civilian without a law license.

Andrew S. Winters answered on Feb 17, 2019

Theoretically, the law allows for this. Read RSA 311:1: http://www.gencourt.state.nh.us/rsa/html/XXX/311/311-1.htm

HOWEVER, I would never recommend this to either the potential litigant or the person thinking about representation this way. It is very likely to end badly for all involved....
Read more »

1 Answer | Asked in Family Law for New Hampshire on

Q: How to inform biological father about relocating, when you don't know where he may be.

Hi, I have sole custody and sole decision for my 2 boys for 12 years now. One is now 19, but the youngest is going on 13 next month. My parenting plan states I need to give 60 days notice if I move further away. I released him from child support 11 yrs ago but I had a line added that he could see... Read more »

Christine G. DeBernardis answered on Feb 1, 2019

You can notify by publication or seek the Court's permission to remove the child (which will also cause you to notify him when the petition is filed).

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: If a parent has no job or "home" of their own, does parenting time still continue, even with overnights?

Child' father lost his job and kicked out of where he was staying. Started living with his mother while trying to find a new job and a new place to live. He is supposed to have our child overnight every other weekend. Does this change now that he doesn't not have a place of his own? What happens... Read more »

Christine G. DeBernardis answered on Feb 1, 2019

If the child has a "sleeping space," (own bed or area to sleep, but most preferably a bedroom), the Court may still permit the parenting time to continue. Many people lose jobs or fall into bad situations and live with a relative. If this is weekend parenting time, the Court is more likely to... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: I owe NH unemployment for over paying me If I file bankruptcy can that be added in?

I owe 8000 but interest has made it about16000 along with credit cards and medical bills I don’t know if I am able to file for all that or not

Timothy Denison answered on Jan 27, 2019

Likely not dischargeable but you can discharge the credit card debt.

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