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New Hampshire Questions & Answers
1 Answer | Asked in Public Benefits for New Hampshire on
Q: I used to live at Eliot Community Human Services which is an agency that used to be my rent payee but when I moved out

of that agency i moved to Amesbury to a different agency which is now called Vin Fen and i need help with tracking down a $ 6000.00 check that i was supposed to get and I was told that the person's name Kerri from Eliot mail it to Vin fen but she was supposed to mail it back to S.

S.I... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A New Hampshire attorney could advise best, but your question remains open for four weeks. Whatever happened to the check along the way is anyone's guess. One option is to look into whether the bank could help you figure out where things went wrong. From what you describe, the Eliot facility... View More

1 Answer | Asked in Contracts and Construction Law for New Hampshire on
Q: Is it common practice for NH builders to enter a contract with the client on a residential build?

We are concerned that residential builders are not required to be licensed in NH and we’re unclear on whether the use of a contract is common practice

William J. Amann
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answered on Jun 21, 2024

Good morning. We deal with this all the time and I strongly encourage you to hire an attorney well-versed in building contracts to help guide you or to handle the transaction. NH builders are not regulated but even in places where they are (like in Massachusetts), there can be serious problems if... View More

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: I rolled my ankle at work resulting in a break and severe sprain. Worker’s Comp is saying it’s not compensable

I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?

Michael Levin
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Michael Levin
answered on Jun 9, 2024

Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.

1 Answer | Asked in Family Law for New Hampshire on
Q: What do I do when my father won't let me inside the house I am not supposed to be alone with epilepsy?
James L. Arrasmith
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answered on May 27, 2024

First, try to stay calm and ensure your immediate safety. If you have a phone, call a trusted friend, family member, or neighbor who can provide you with temporary shelter or assistance. It's important to not stay alone, especially if your epilepsy requires supervision.

Next,...
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1 Answer | Asked in Gov & Administrative Law for New Hampshire on
Q: Hello I am a seasonal camper in NH and trying to find out exactly what the minimum distance apart from each other ?

Right now I have a mice infested pop up 50” from my dinette window from lord with mice feces !!!

James L. Arrasmith
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answered on May 27, 2024

In New Hampshire, the rules and regulations for campsite spacing can vary depending on the specific campground or municipal regulations. Generally, campsites should be spaced far enough apart to ensure privacy and safety for all campers. The minimum distance often recommended is at least 20 to 30... View More

1 Answer | Asked in Health Care Law and Civil Litigation for New Hampshire on
Q: Can I sue my health insurance company without a lawyer?
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A New Hampshire attorney could advise best, but your question remains open for a week. Until you are able to arrange a consult with a local attorney, the basic rule is that people are free to represent themselves (pro se). Health insurance carriers could impose conditions on their policies or... View More

1 Answer | Asked in Social Security for New Hampshire on
Q: Is it illegal for my parents to keep My birth certificate and social security card from me since I am 18
James L. Arrasmith
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answered on May 12, 2024

No, once you turn 18, your parents are not legally required to provide you with your birth certificate or social security card. As an adult, you have the right to possess your own vital documents.

However, it's important to understand that your parents aren't necessarily doing...
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1 Answer | Asked in Real Estate Law and Tax Law for New Hampshire on
Q: 529:26 Redemption. – Does the one year start on the day of the sheriff sale or when new deed is made?

This is a lot of land and What if money wasn’t transferred day of sale/auction and was paid for within 30 days of auction

Also where can I find other cases that have been through this

James L. Arrasmith
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answered on May 11, 2024

According to New Hampshire law RSA 529:26, the one-year redemption period for a foreclosed property starts on the day of the foreclosure auction sale, not when the new deed is made.

Specifically, RSA 529:26 states:

"The mortgagor or record owner may redeem the real estate by...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 30, 2024

A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

James L. Arrasmith
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answered on Apr 30, 2024

In a joint revocable trust where you are the sole trustee after inheriting it from your parents, your brothers generally cannot successfully take you to court to claim ownership or remove you as the trustee, assuming the following conditions are met:

1. The trust was properly created and...
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1 Answer | Asked in Real Estate Law and Insurance Bad Faith for New Hampshire on
Q: I recently changed my homeowners insurance they added a name not associated with the house now they want to cancel

I changed my insurance because of cost. I was given a policy and it was paid for the year by mortage company. I notice that they added a name to my policy that was not associated with my home to give me that rate but I never asked for that or approved that the company did it on their own. When I... View More

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

A New Hampshire attorney could advise best, but your question remains open for four weeks. However, any attorney is likely to ask questions about the addition of the person, their capacity, why they were added, etc. A New Hampshire attorney could advise more meaningfully with the benefit of knowing... View More

2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

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2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Leonard D. Harden
Leonard D. Harden
answered on Apr 19, 2024

All cases are entitled to a speedy trial but the reality is to win based on a denial there is a difficult almost impossible test.

The Superior Court speedy trial policy is set forth in the Superior Court Rules. The policy incorporates the four-part speedy trial analysis of Barker v....
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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

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