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New Hampshire Questions & Answers
1 Answer | Asked in Admiralty / Maritime for New Hampshire on
Q: Foreign boat transaction question

A US citizen living in Vermont owns a foreign company that holds a boat as an asset within the company. A US broker is contracted to sell the boat for a 10% commission. The broker is not responsive to offers and the Foreign company sells the boat to a US citizen after import to the US on its own.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

It's difficult to say based on these facts alone. It could depend on the provisions of the brokerage agreement, communications between the parties, and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Civil Litigation and Constitutional Law for New Hampshire on
Q: What standing does the 14th amendment have over any type of bank debt ? My understanding is debt occured that is funded

By the European Cental Banks (Fed is funded by those banks) are unconstitutional under the 14th amendment ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

The fourteenth amendment does not apply to any sort of "bank debt" per se--European or otherwise. The fourteenth amendment--among many other things--protects all individuals subject to the Constitution--and certain entities--from a state government "taking" of property without "due process of law."... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents and Landlord - Tenant for New Hampshire on
Q: Id like to know the laws about towing in new Hampshire. If they are supposed to release the vehicle if I'm there.

After work I visit my boyfriend at his apartment complex. My boyfriend owns the apartment and his HOA says nothing about not being able to have guests daily. I used the vistor parking. No stickers are required. I followed every rule. But I looked out the window and saw them trying to take my car. I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

A New Hampshire attorney could advise best, but you await a response for three weeks. Unfortunately, if you hired legal representation, the costs would exceed your damages, with no guaranteed outcome. You could look into small claims court in your county. Good luck

Tim Akpinar

1 Answer | Asked in Divorce for New Hampshire on
Q: Married in NH and about to file for divorce. Husband is expecting a large payout settlement from state of MA as well

filing for disability retirement. A large 20+ year pension is also being negotiated. He has been making threats to me that I wont get a penny of the settlement or retirement yet we have been married 16 years, together 29, and are married with 3 children. 2 questions: Will I get a portion of his... Read more »

Ora Schwartzberg
Ora Schwartzberg answered on Mar 25, 2020

Yes you will get a portion of the value if the divorce action is brought in NH. You should speak with an attorney so that you can explain exactly where your husband is in the process. Also you should bring any written documentation regarding the pension negotiations and disability.

Do you...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: School closures and being disciplined at work for caring for gour child

My wife is being disciplined at work for caring for our daughter during the school shut downs during the corona virus pandemic. She is also being disciplined for missed time for past absences. NH is in a state of emergency as well. Is there any protections in place for parents to care for their... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 18, 2020

Currently, there is no federal law providing protection for your wife's job in this circumstance, assuming that your daughter is not ill and only out of school because of the shut down. Congress is in the process of passing legislation that may impact this. You should consult an employment... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Hampshire on
Q: What exactly is this charge? : Controlled drug act My friend got charged with this while being incarcerated

Controlled drug act.

My friend got charged with this while incarcerated, I'm not exactly sure what this means, if he was in possession of drugs, or if someone gave him drugs or what exactly happened & I can not ask him because he is in the hole. Thank you for any help!

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

The Controlled Drug Act is where you will find all drug offenses in the NH criminal code RSA 318-B:

If your friend was in custody then it seems likely that he was found in possession or trying to get a controlled substance...
Read more »

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: Can you register a new car and drive it if you have an intoxilock in another vehicle?

Because my friend bought a new car and he has an intoxilock in his other vehicle

Leonard D. Harden
Leonard D. Harden answered on Mar 16, 2020

It is a crime to operative any vehicle not equipped with the IID if so ordered.

265-A:37 Alcohol Ignition Interlock Circumvention. –

I. Any person required by the court or by the commissioner of safety after a hearing pursuant to RSA 265-A:36-a to install an ignition interlock...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: My job required me to work 50 hours. The company cut 10 hours from the position Can I claim partial unemployment?

It was over $13,000 annually. All overtime. The company said it wants to make my position go in different directions. Nothing's changed same amount of work, but 40 hours now.

Rhiannon Herbert
Rhiannon Herbert answered on Feb 20, 2020

The Fair Labor Standards Act does not require employers to offer a specified amount of hours (or overtime hours) to employees, so employers are free to reduce the hours for your position, and unfortunately, you do not have any legal recourse here.

1 Answer | Asked in Immigration Law for New Hampshire on
Q: As J-1 and J-2 visa holders, can we apply for green card without invalidating our visas?
Adan Vega
Adan Vega answered on Feb 18, 2020

If you submit the FORM I-485 with USCIS or the DS-260 with the National Visa Center you do not impact your existing J-1 or J-2 status but you will not be eligible to receive the non- immigrant J-1 or J-2 visas again in that you have expressed an intent to immigrate to the U.S.

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Small business question here, located in New Hampshire.

My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and... Read more »

1 Answer | Asked in Estate Planning for New Hampshire on
Q: In NH if husband and wife are joint owners and the husband dies. How does the wife get sole ownership?
Theresa Spearing
Theresa Spearing answered on Feb 14, 2020

If your Deed is titled Joint Tenants with Rights of Survivorship, the property passes automatically by operation of law.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My husband was arrested for a Misdemeanor B theft that happened 2 years ago. We are in NH. Statue of Limitations?

they have video of the theft

Leonard D. Harden
Leonard D. Harden answered on Feb 14, 2020

Class B misdemeanor SOL is 1 year, there are some exceptions see RSA 625:8 below:

625:8 Limitations. –

I. Except as otherwise provided in this section, prosecutions are subject to the following periods of limitations:

(a) For a class A felony, 6 years;

(b) For a...
Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I go to jail for not paying restitution how much do I get charged a day until it's paid off in nh
Leonard D. Harden
Leonard D. Harden answered on Jan 27, 2020

A person who is serving time for not paying restitution will get no credit toward the amount owed. The only credit that would be provided is for a fine or penalty assessment owed to the state. Restitution is provided directly to a victim of a crime. Restitution is provided by RSA 651:63.... Read more »

1 Answer | Asked in Tax Law for New Hampshire on
Q: the court doc says claim taxes every other yr. can i claim every yr if hes with me every day this yr

i did not have a job 8 yrs ago when doc was made. have job now and i have joint custody

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 14, 2020

IRS rules allow for the custodial parent to claim the child every year. Under IRS rules the custodial parent is whoever has the child more.

However, if you violate the court order you are subject to a contempt proceeding. You should negotiate with the other party or file for a revision to...
Read more »

1 Answer | Asked in Probate for New Hampshire on
Q: What is best way to fix name on legal documents when first/middle were switch on birth certificate?

Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2020

You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by your... Read more »

1 Answer | Asked in Legal Malpractice for New Hampshire on
Q: Can someone get fired from job for practically no reason which i was under the impression i had my job still. Guess not

Weekend was over and i get blind sided late sunday out of no where. And i got bills to pay and 3 kids to support.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Jan 1, 2020

Every case is fact dependent. There is nothing in your question that states anything an attorney could work with.

1 Answer | Asked in Contracts and Probate for New Hampshire on
Q: What is the NH statute defining incompetence?

My wife had dementia when she cancelled her disability policy

Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

A New Hampshire attorney could advise best on this, as insurance coverage is generally governed by state specific-elements. But your question remains open for two weeks. The problem with such a legally broad term is that it could be defined in more than one way, depending on the statute and... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for New Hampshire on
Q: Do I have a case for sexual harassment at my place of work? Should I lawyer up?

In October a new manager was introduced to my store when the old one moved up. New Manager = NM. Old Manager = OM. NM was disliked from the start due to staring at young, female employees, disregard for personal space, and yelling at the staff. He’s also on thin ice for messing up payroll & other... Read more »

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 16, 2019

Hopefully you kept the tape, or the OM will back up your claim. You should call Human Resources right away. You can file a sexual harassment claim with the Human Rights Commission online and they will perform an investigation. Good Luck!

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: I don’t believe I need a GAL that the court assigned...

The court is appointing a GAL and I can’t afford it, and I’m not sure I need one, we were never married/divorced..there is no issue with the bio dad he left and was never heard from until I contacted him regarding this, he has his life and I have mine we just want to terminate his rights and he... Read more »

Joseph Caulfield
Joseph Caulfield answered on Dec 13, 2019

The statute requires it.

File a motion & see if the court will ordere the state to pay the GAL.

I'm a GAL, as well as a lawyer.

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