New Hampshire Questions & Answers

Q: Can not identify New Hampshire small claims rule 4.1(D)(3) and 4.1(D)(3)(d) used by attorney filing complaint.

1 Answer | Asked in Consumer Law, Collections and Small Claims for New Hampshire on
Answered on Mar 15, 2018

I looked over the rules and I don't see them in there either. You can file a motion to dismiss for failure to state a claim for which relief can be granted and state the same reasons you stated here. He might be using old rules that have been updated and no one ever called him on it. The plaintiff will probably then simply amend his complaint, which the court will most likely allow. Good Luck!
View Details »

Q: Can hotels in NH throw you out in the middle of a blizzard state of emergency

1 Answer | Asked in Gov & Administrative Law and Public Benefits for New Hampshire on
Answered on Mar 13, 2018

If you can't afford to pay for room the hotel has no obligation to keep you in the room for free. They can't discriminate against you but they don't have to board you for free.
View Details »

Q: Why was this female taken to the station, bags and person searched , car impounded overnight, and now has court date?

1 Answer | Asked in DUI / DWI for New Hampshire on
Answered on Mar 13, 2018

Looks like you're asking for a friend. So I'm not sure exactly what the facts of the case are. But the police officer has to have probable cost to pull her over. You also suspected that she was probably using an illegal drug. And if you go suspect that he can ask her for a blood test. And even though she only blew a .02 that still may indicate operating a vehicle under the influence. It doesn't have to be .08. From the facts that YOU have stated it sounds like she may have a good case for an...
View Details »

Q: If you lose an appeal can you appeal again?

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Mar 9, 2018

Most likely, no.
View Details »

Q: Does employer have to pay the 3 wks notice?

1 Answer | Asked in Employment Law for New Hampshire on
Answered on Mar 7, 2018

First of all, congratulations on giving your company a four week notice, that in of itself shows that you are a very conscientious employee and they should appreciate that. I do believe, under your set of facts that yes, if they ask you to leave early you have indeed satisfied the requirement of a two week notice and they would owe you for that accrued vacation time. If they do not fulfill that obligation then you can call the NH Dept of Labor and file a complaint or, hire an attorney for...
View Details »

Q: Dear Lawyer, We want to use the trademark "CONCORD BEER". However, found a trademark that looks a like.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for New Hampshire on
Answered on Mar 7, 2018

An attorney would need to understand the specifics of your business and what was claimed in the other trademark registration to give a clear answer. Just based on the similarity of the names and the fact that both involve brewing beer, it seems unlikely that you could register Concord Beer in light of the other trademark for Concord Craft Brewing Company. I recommend that you discuss your business plans with an attorney. There may be a way for you to make adjustments to work around the...
View Details »

Q: I received a complaint for divorce. Is my husband required to pay for my attorney if I have no money?

1 Answer | Asked in Divorce for New Hampshire on
Answered on Mar 6, 2018
View Details »

Q: Hi my question is how do I go about getting my personal belongings from an apartment that I was supposed to move into.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Answered on Feb 25, 2018

You must demand your belongings from the lessor with who you entered into that lease. If lease was through a realtor, they might be keeping a copy of that which you can get for reference purposes until you enter into that house and remove your stuff.

Secondly, you must also sue your lessor for : (i) leasing out the house and partially handed over its possession as a result you moved some of your belongings inside; (ii) Supposed to repair certain defects which she did not timely...
View Details »

Q: My kids and I have been recorded in our home with out permission by the neighbor who posted it to public forums along

1 Answer | Asked in Communications Law and Criminal Law for New Hampshire on
Answered on Feb 24, 2018

I don't believe this is a civil rights question, just yet, although it may be, if local law enforcement is not protecting you from someone engaged in criminal activity. I really believe you should vo above thier heads. I'm not sure what town or city you live in, but you could, in the short term, contact your elected representative. The mayor, an alderman or selectmen depending on where you live. They can look into this for you and contact the police department and get them more engegaed. You...
View Details »

Q: My mom was watching my dog while i didnt know if i could keep her and gave her away. Do i have rights?

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Answered on Feb 21, 2018

Interesting situation from a legal standpoint, it could come down to who has legal possession and legal right to give the dog away. If your mom did not have legal right you need to to put the new owner on notice asap because you may not be able to get the dog back. You may have to file a civil suit to try and get your dog back. Good luck!
View Details »

Q: As a seller, if I sign a contract with the buyer, but I need to change my mind BC of a med diag. Can i do that?

1 Answer | Asked in Contracts for New Hampshire on
Answered on Feb 19, 2018
View Details »

Q: Is there anyway I can care for a dog that has a bad owner?

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Answered on Feb 16, 2018

Do you really think she is going to come back for Clifford? Keep a copy of the Facebook message-it seemed to me that when she stated "care" she meant for good. if she wants him back a civil case could be started to argue that she meant for you to keep Clifford. Good luck!
View Details »

Q: For business contracts with clients in a different state, do you list both states for the "governing law" section?

1 Answer | Asked in Contracts for New Hampshire on
Answered on Feb 15, 2018

If you are the one drafting the contract in might be in your best interest to pick your own state-however, in some instances the other state may have contract laws that benefit your interests better. Also keep in mind that when entering into a contract with a person from another state, that may allow either party to choose federal district court instead of their local district or state court, as the place for a contract dispute. There are important parameters that have to be met for a case to...
View Details »

Q: asked my gf to move out. she took my two dogs registered to me can i report stolen ? New hampshire

1 Answer | Asked in Animal / Dog Law for New Hampshire on
Answered on Feb 14, 2018

You should be able to report the dogs stolen to your local police department if you really believe they were solely yours and she had no ownership interest in them, otherwise it would be a civil matter and you may have to go to court to have a judge decide rightful possession and ownership-or even visitation. Good Luck!
View Details »

Q: My husband’s employer reported him and other new hires as being exempt from federal withholding when they claimed 0

1 Answer | Asked in Tax Law for New Hampshire on
Answered on Feb 11, 2018

Your husband will need to pay the taxes he owes. The IRS will be of the opinion that he should have noticed that taxes were not being withheld and corrected the issue. As far as the money that he owes, he can set up a collection alternative if he cannot pay the balance due. If the amount owed is significant I recommend that you seek the assistance of a tax attorney. Just stay away from the places you see advertised on tv and use a competent tax attorney. If the amount due is small and he...
View Details »

Q: Why would a chapter 13 trustee take excess tax refunds if the payment plan is 100% funded payback?

1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Answered on Jan 26, 2018


Chapter 13 plans are funded by "disposable income" of the chapter 13 bankruptcy estate, which is based on "household income". Included in most NH chapter 13 plans is a provision that requires chapter 13 debtors to pay over to the trustee all income tax refunds that exceed $1,200, regardless of whether it is an individual or joint case. Since 'disposable income' represents the household income after taxes and required deductions, less approved living expenses for the...
View Details »

Q: can a non profit enforce a waiver of liability against participants resulting in injury activities run by the non profit

1 Answer | Asked in Civil Litigation and Personal Injury for New Hampshire on
Answered on Jan 26, 2018

Waivers can be enforceable but it depends on many factors including who signed it, their age, what is being waived, how long before the event it was signed etc....the only way to properly have it analyzed is to bring the waiver to an attorney promptly and remember there are strict time limits you need to keep in mind. Good luck.
View Details »

Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Answered on Jan 23, 2018

It may depend on the facts of the case and the remedies allowed by contract or statute and whether or not it could be a Human Rights Commission type claim. If this is a straight forward negligence claim then it would be three years but and this is a BIG but, the person bringing suit has to exhaust all of his or her remedies prior to bringing suit in either state or federal court. In other words, watch out for demanding hearings in front of the school board or some Board in charge of...
View Details »

Q: With rsa 635:2 if the structure was an unlocked unoccupied apartment is it a misdemeanor

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Jan 18, 2018

It would not fall under the "occupied" section of the law. However, RSA 635:2 states it could be a misdemeanor if another category is met. In your case, it sounds like the challenge would be to a secured structure. The RSA lays out what is classifed as a "secured structure." Any attorney reviewing this would need more information on the building itself to determine if it falls under the broad definition (Fences, signs, notice, etc). I recommend you contact an Attorney to discuss this matter...
View Details »

Q: What do I do if I am injured on the clock, then beg for safety issues to be fixed, then instead I get fired?

1 Answer | Asked in Employment Law and Personal Injury for New Hampshire on
Answered on Jan 15, 2018

This is a complex issue that needs to be worked on with an employment attorney. You may have a suit for wrongful termination based on a public policy claim, but the facts need to be looked at more closely to make that determination. She can' deny your unemployment claim, but you can simply appeal and get a hearing. Under these facts it sounds like you have a good shot of winning. As far as vacation time, all you need to do is call the department of labor and they can handle that issue for you,...
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.