New Hampshire Civil Litigation Questions & Answers

Q: My NH former Attorney forged my signature printed my name on a settlement check I got that off homeowners insurance

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for New Hampshire on
Answered on Nov 5, 2018
Joseph Kelly Levasseur's answer
You can call the NH Professional Board of Conduct for attorneys and file a complaint. They will investigate and make a ruling on the matter. Good luck!

Q: I was scammed buying a used car and am wondering if there is anything I can do to get my money back? (more info below)

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for New Hampshire on
Answered on Apr 4, 2018
Joseph Kelly Levasseur's answer
You could call your local police department, and the Attorney generals office and file a complaint, they could investigate the allegation and if the mechanic did in fact pass a car and give you an inspection sticker illegally, take away his ability to give them out, fine him, or even charge him with a crime of fraud. You then may have a lawsuit against the seller and the mechanic for conspiracy if in fact it can be proven. If charges are brought and anyone of these guys are found guilty,...

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
Robert S. Stephen's answer
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.

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
Joseph Kelly Levasseur's answer
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...

Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Answered on Oct 19, 2017
Joseph Kelly Levasseur's answer
Depends on what kind of Motion it is, generally speaking-10 days...

Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on
Answered on Oct 19, 2017
Joseph Kelly Levasseur's answer
The rules of the court state if the defendant does not respond to the summary judgement motion, then the case will be dismissed. Courts like to dismiss cases so this is unusual, if the summary judgment motion was not filed within the time frame of the rules that were set by the parties then the court would not be able to dismiss the case. In other words if the SJ was filed after the time to do so was allowed, then the court would not dismiss. Also, the court does not have to dismiss a case just...

Q: Are there any laws that govern a shared private road and access to property?

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on
Answered on Oct 19, 2017
Joseph Kelly Levasseur's answer
One way to deal with this problem is to look at the documents that formed the private road to see what the rules say about how to deal with this and who is responsible-since you share the road with someone else. If you cannot resolve the issue you can go to court and have a judge make a ruling that the offender abide by the rules regarding private access, repair and rules if any were indeed written when the road was formed. make sure to check the original surveys that were done to show actual...

Q: What steps need to be taken after a Power of Attorney is revoked to get personal property and money back.

1 Answer | Asked in Civil Litigation and Elder Law for New Hampshire on
Answered on Jul 6, 2016
Israel Piedra's answer
You should act quickly to protect your uncle's rights. You likely have claims against the cousin for breach of fiduciary duty, among other things. Your legal options will vary greatly depending on the facts. Speak to a civil litigation attorney as soon as possible.

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