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New Hampshire Civil Litigation Questions & Answers

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 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... Read more »

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... Read 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 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... Read 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 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... Read 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 answered on Oct 19, 2017

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

1 Answer | Asked in Contracts and Civil Litigation for New Hampshire on

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

judge also never executed the Motion and went along with the jury trial !

Joseph Kelly Levasseur answered on Oct 19, 2017

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... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for New Hampshire on

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

We have a person who's shrinking the entrance way which will be causing a safety issue for those below this barrier. The owner won't reason nor remove the problem. She's doing this just to cause a problem for everyone below her property. This all started because she doesn't want to share in the... Read more »

Joseph Kelly Levasseur answered on Oct 19, 2017

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... Read more »

1 Answer | Asked in Civil Litigation and Elder Law for New Hampshire on

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

My 92 year old uncle signed a power of attorney over to my cousin. When my uncle realized my cousin was mismanaging the money and estate he revoked power of attorney to this man. At present at least $ 60,000. is missing along with car keys, house keys, and documents. I am the new Power of... Read more »

Israel Piedra answered on Jul 6, 2016

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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