New Hampshire Questions & Answers by Practice Area


New Hampshire Questions & Answers

Q: I can no longer pay my debt. I owe roughly $7000 between 4 credit cards. I don't own any assets. Should I file Chapter 7

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Mar 23, 2017

Greetings!

Under your circumstances, filing for a bankruptcy discharge is a matter of your tolerance to the behavior of collectors. I expect debt collectors are calling you. Since you have no means to pay those debts, you should put in writing to each agency that you refuse to pay the debt. By law, they will no longer be able to contact you except under very limited circumstances. The other risk is being sued. Again, since you appear to have no resources from which you could be...
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Q: I have an ex-husband claiming to have 'banned' me from my favorite restaurant, police have not contacted me am I banned?

1 Answer | Asked in Criminal Law and Consumer Law for New Hampshire on
Answered on Mar 5, 2017

There are two ways you can be banned. First, a court may issue an order restraining where you can go. That did not happen here based on what you wrote.

Second, if the restaurant is on private property, the owner or the owner's agents (perhaps the manager) can tell you not to go on their property. If you do so, then you could be accused of trespassing which might be a criminal or civil violation.

You can choose what you want to do with respect to the "stop going to the...
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Q: I am the Defendant in a small claims action filled by a person in Hampton NH for work I performed on a garage, convertin

1 Answer | Asked in Small Claims for New Hampshire on
Answered on Mar 2, 2017

Even if everything you state above is true, you still need to prove it in court. If it's a significant amount of money, it may be worth hiring an attorney.
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Q: The doctors gave me narcan and thought I overdosed when i have never done any opiates....can i sue?

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Hampshire on
Answered on Feb 22, 2017

If something bad happened by their not doing wha they should have possibly. Consult a member of the NH Assn for Justice--they give free consults.
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Q: Can a medical doctor create a corporation with a physical therapist in New Hampshire?

1 Answer | Asked in Business Formation for New Hampshire on
Answered on Feb 22, 2017

The medical doctor may wish to check with a licensing board to see if it would violate any professional or ethical rules.
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Q: Can I sure the hospital for giving me narcan when I have never done any opiates? I had a concussion & brain hemmorging.

1 Answer | Asked in Medical Malpractice for New Hampshire on
Answered on Feb 22, 2017

Call an experienced malpractice lawyer if you think you may have a claim. Abramson, Brown & Dugan in Manchester have a reputation as the best in the state for medical malpractice. http://www.arbd.com/
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Q: What are some reasons why an appellate court might not agree to hear an appeal of a personal injury case (premises

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Feb 15, 2017

If you're talking about the New Hampshire Supreme Court, most appeals (including personal injury cases) would be "mandatory," i.e., the Supreme Court would always accept the appeal, assuming the correct procedures are followed. The Court might not hold oral argument in every case, but they would accept the case and issue a decision.
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Q: If my daughter and her friend take car without permission, who would face criminal charges, driver or both?

1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for New Hampshire on
Answered on Feb 14, 2017

Your daughter might if she gave the keys. However the problem you may have is they probably didn't intend to steal it--just to take it without permission, which is likely a misdemeanor. I would argue the driver is repsonsible at least for herbills, possibly your daughters. If drivers parents have insurance you can try claiming on that.
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Q: I purchased a car in a private sale, car is unsafe, do i have any rights?

1 Answer | Asked in Lemon Law and Small Claims for New Hampshire on
Answered on Jan 21, 2017

Yes, of course. Here is a link to a lawyer in New York that does Lemon Law: www.kaselllawfirm.com/

He may be able to point you in the right direction since you are up in New Hampshire.
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Q: I've been tasked with handling my father's assets after his death and it looks like I can just fill out the probate

1 Answer | Asked in Probate for New Hampshire on
Answered on Jan 20, 2017

There are MANY requirements when filing probate from handling final tax returns, to filing a 1041 (if necessary) and insuring all the appropriate publication notices and creditor notices are filed etc.

EACH STATE has different requirements, and unless you are familiar with them you'll be likely to 'miss' something which could cost more and add delay to the process of winding things up.

You CAN try to do this on your own, but it generally saves hassle (and frequently money) if...
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Q: Who issue criminal trespassing in the state of NH

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Jan 19, 2017

Your answer could use a few more facts, but in general a property owner or their designated agent may issue a no trespassing order either verbally or in writing.
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Q: Is passing a parked school bus in a parking lot a violation?

1 Answer | Asked in Traffic Tickets for New Hampshire on
Answered on Jan 3, 2017

Tell this to the judge. Sounds like you have a pretty good argument.
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Q: Tow company is threatening to send isue to the state, to have my licence taken, they still have my car?

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Dec 25, 2016

most take the title; this person didn't chose to. Depending on the year, condition why should they? It's on you to pay and they are correct--storage fees usually run $30 /day! I assume you don't have insurance. So find out what they suggest--talk to them, don't ignore it.

It ws the 8th so that's another $380 or more in fees. You must do something,

Sorry to give you this on Christmas,but it's free so you at least got the gift of counsel.
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Q: What is the statute of limitations for filing CRIMINAL charges against the adult molester of a child 10 or younger?

1 Answer | Asked in Criminal Law for New Hampshire on
Answered on Dec 8, 2016

For criminal actions, the statute does not expire until 22 years after the victim's 18th birthday. (RSA 625:8)

A civil action may be brought within 12 years of the victim's 18th birthday (RSA 508:4-g)
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Q: What exactly are social security retirement benefits? Do I have to be a certain age to apply for them?

1 Answer | Asked in Social Security for New Hampshire on
Answered on Nov 29, 2016

Yes. Minimum 62. You may want to wait later. https://www.ssa.gov/planners/retire/applying1.html

Your social security office can give you lots of other information--for that matter your Congressperson or US Senators' offices would also have lots of information, as does AARP.
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Q: I own livestock and a car hit one on the road - do I have to pay for the damage done to the car?

1 Answer | Asked in Car Accidents for New Hampshire on
Answered on Nov 11, 2016

Most cases yes. Turn it over to your homeowners/ranch insurance. Don't try to do it yourself. Don't give a statement to anyone but your company.
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Q: I have a question on weather what happened to me would be considered medical malpractice.

1 Answer | Asked in Medical Malpractice for New Hampshire on
Answered on Oct 12, 2016

If an attorney can get an expert to say that if the doctor had followed through would that have made a difference. It is hard to say without seeing the records because even if you tell him and he does something, by the time you have tests or studies to figure out what is going on a month could elapse if you aren't in an emergency situation. Nuch also depends on all of your sypmptoms at the time. I'd suggest that you contact a member of the New Hampshire Assn for Justice who handles medical...
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Q: how do you appeal a final decision from dover new hampshire district court

1 Answer | Asked in Appeals / Appellate Law for New Hampshire on
Answered on Oct 9, 2016

Typically, you would file a motion to reconsider first in the district court, within 10 days of the district court's final decision.

You have 30 days from the date of the district court's decision to the Supreme Court. An attorney can help you determine whether you have any appeallable issues. Typically, fact determinations will not be overturned on appeal, only issues of law. You must have "preserved" any appeallable issues either at trial or via a motion to reconsider.
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Q: what can I do about my son being assaulted at school?

2 Answers | Asked in Criminal Law, Juvenile Law and Personal Injury for New Hampshire on
Answered on Oct 7, 2016

I would refer to an attorney for a consultation. Situations like this can be delicate, but if you feel that your son's rights have been violated, then you have the ability to dig further into the situation.

Best of luck
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Q: My husband helped someone move and now they are saying he broke something. Do we have to pay? He says he didn't break it

2 Answers | Asked in Small Claims and Contracts for New Hampshire on
Answered on Sep 28, 2016

He doesn't HAVE to pay anything until a Court orders him to. If the A/C is really that old, it's probably not worth much and I find it unlikely that someone would file a lawsuit (and pay a filing fee) for such a small amount. Even if they did file a lawsuit, they'd need to prove negligence or some other reason your husband is liable for the cost of the A/C.
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