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New Hampshire Civil Litigation Questions & Answers
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 Civil Litigation and Constitutional Law for New Hampshire on
Q: In the event someone borrowed my $1,000 mountain bike and he left it on someone's summer property in December and the

Owners of the property saw him on there cameras and they called the police. He ran and left my bike behind are the cops allowed to keep it? His court dates are all cleaned up and they wanted proof it was mine so I showed pictures of it in my yard and they are saying that it could have been stolen... View More

James L. Arrasmith
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answered on Dec 8, 2023

In this situation, the police may retain the bike temporarily as part of their investigation, especially if there's uncertainty about its ownership. It's important to continue cooperating with the police, providing any additional evidence you have that supports your claim of ownership.... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Personal Injury and Constitutional Law for New Hampshire on
Q: What happens if local law enforcement does not act on this statute as the defendant creates breach of bail times 2

As I am a victim of a violent crime by strangulation by weapon (cane)on city trans. individual was arrested charged with a felony 2nd degree assault by strangulation (i believe being charged incorrectly)and now as the defendant since committed breach of bail x2 being in direct contact with me... View More

James L. Arrasmith
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answered on Oct 15, 2023

I'm sorry to hear about your situation. When a defendant breaches conditions of bail, the court can revoke the bail and take the defendant into custody. Law enforcement is tasked with enforcing bail conditions and, if they fail to do so, they may not be upholding their duties appropriately.... View More

1 Answer | Asked in Civil Litigation and Small Claims for New Hampshire on
Q: What happens when a small claims co-defendent gets notification of a small claims suit if they don't live at the address

My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house

William J. Amann
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answered on Apr 26, 2023

Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... View More

1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More

William J. Amann
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answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More

3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William Michael Bryk
William Michael Bryk
answered on Mar 19, 2023

I assume that you owe the money. Consider your assets, i.e., what you own, such as a house and any other real property, automobiles, stocks and bonds, and any other debts you may have - other credit card debt, personal loans, mortgages, and income tax arrears immediately come to mind. Also... View More

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3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
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answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

William J. Amann
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answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

Leonard G Deming
Leonard G Deming
answered on Mar 15, 2023

I agree with Attorney Amann. The Writ of Execution is a court order granting the creditor to take possession of your property which is not exempt from the actions of creditors to collect debt. It can include filing with the Hillsborough County Registry of Deeds to lien your property, or to go after... View More

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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Hampshire on
Q: What are the legal options to sue an individual for non-repayment of a personal loan in excess of $20,000.00
William J. Amann
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answered on Jan 7, 2023

A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: Is there any violation of HIPAA or ferpa law if a 504 plan on child is announced to all students?

A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... View More

William J. Amann
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answered on Nov 29, 2022

It certainly sounds like it, particularly if that was "announced".

1 Answer | Asked in Personal Injury and Civil Litigation for New Hampshire on
Q: I've a civil judgement vs. a person for a hit/run case in MA. The person own property in NH. Can I file a lien against

Property is owned by a corporation, where the driver of the truck is the president. The truck was registered in NH without insurance and was registered to the corporation.

William J. Amann
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answered on Apr 28, 2022

Good morning. From what you've described, you should be able to pursue a lien against the person's real property in NH.

1 Answer | Asked in Criminal Law and Civil Litigation for New Hampshire on
Q: If I say "I intend to publish this embarrassing info about you. Try to talk me out if it"?

In the state of NH, if I decide to publish embarrassing, but accurate, information about another person, does simply giving that person the opportunity to talk me out of publishing constitute blackmail, if talking itself is the one thing that other person doesn't want to do?

I got one... View More

Leonard D. Harden
Leonard D. Harden
answered on Nov 22, 2020

Like many things in life. The answer to this question depends what the information consists of. There are criminal charges for blackmail (extortion), revenge porn and others. It largely depends on the nature of the embarassing information and the intent you possess that may dissuade publication.... View More

1 Answer | Asked in Civil Litigation for New Hampshire on
Q: what public policy considerations are involved in a case like this?
Tim Akpinar
Tim Akpinar
answered on Sep 24, 2020

Something may have gotten left off when you uploaded your post. You could try posting again (don't included personal details about yourself or the case), or you could reach out to New Hampshire attorneys to discuss the case. 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... View More

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for New Hampshire on
Q: My NH former Attorney forged my signature printed my name on a settlement check I got that off homeowners insurance

I was bit by a pit bull. Why would he do this. I gave no consent

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Nov 5, 2018

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!

1 Answer | Asked in Civil Litigation, Criminal Law and Small Claims for New Hampshire on
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)

I bought a used car through a private sale. The man who sold the car lied about its condition and guaranteed that it would pass inspection. When I questioned him on guaranteeing NH inspection, he then had a mechanic back him up. He had me meet him at the mechanic shop, and the mechanic said he... View More

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Apr 4, 2018

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... View More

1 Answer | Asked in Civil Litigation and Personal Injury for New Hampshire on
Q: can a non profit enforce a waiver of liability against participants resulting in injury activities run by the non profit
Robert S. Stephen
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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... View More

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: What is the statute of limitations for filing a negligence suit against a NH educational system?

Failure to supervise an employee whose actions created an uncomfortable environment (include abuse of power and discrimination).

Joseph Kelly Levasseur
Joseph Kelly Levasseur
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... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Q: If an Motion is filed in a NH Superior Ct, how long does the defendant have to file an Objection?
Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Oct 19, 2017

Depends on what kind of Motion it is, generally speaking-10 days...

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