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New Hampshire Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If the clerk issues me a premature Writ of possession in an eviction case still on appeal, should I enforce it?

What happens if I do or don’t?

James L. Arrasmith
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answered on Mar 31, 2024

I would strongly advise against enforcing a premature Writ of Possession while an eviction case is still pending on appeal. Here's why:

If you enforce the Writ prematurely and the tenant ultimately prevails on appeal, you could be liable for damages for wrongful eviction. This could...
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1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: I rent (lease) an apartment in NH. Can I be evicted because of loud noise due to a medical issue? I am also disabled.

I am a diabetic in a wheelchair with both legs amputated. Due to long times of lack of sleep I would become unaware of what I was doing and have loud outbursts (moans/screams) creating a disturbance. I am under a doctors case and he has given me medication that helps me sleep and it is now helping.... View More

James L. Arrasmith
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answered on Mar 30, 2024

It sounds like you're facing a challenging situation, and your condition and circumstances are indeed factors that deserve consideration. In New Hampshire, as in many places, tenants with disabilities are protected under federal laws such as the Fair Housing Act, which requires landlords to... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

1 Answer | Asked in Consumer Law for New Hampshire on
Q: I signed a purchase and sales at a dealer, paid for the vehicle.

I still have not been able to get the vehicle as the dealership does not have the title. What are my rights of rescinding this deal.

James L. Arrasmith
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answered on Mar 19, 2024

If you have paid for a vehicle but the dealership cannot provide the title, your rights to rescind the deal may depend on the terms of the purchase agreement and the laws of your state. Generally, a dealer must provide a clear title at the time of sale or within a reasonable period. If they fail to... View More

1 Answer | Asked in Probate and Family Law for New Hampshire on
Q: Is there a way to have an adult name change without the name on my birth certificate going away? Can it be an AKA?

I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.

Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More

Nina Whitehurst
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answered on Mar 7, 2024

In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Hampshire on
Q: Can the clerk issue a writ of possession for a landlord who was only granted Recovery of Rent?

The Supreme Court only allowed rent recovery and the eviction still pending. I don’t know if the clerk should get the Writ signed by the judge or not.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, it does not seem appropriate for the clerk to issue a writ of possession if the court only granted a judgment for recovery of rent and the eviction case is still pending.

Typically, a writ of possession is an order directed to the sheriff to remove...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for New Hampshire on
Q: A Massachusetts LLC that is not registered as a foreign corp. in New Hampshire has purchased land in NH

Should the local planning board accept his application? There is a Planning Board meeting tonight an I will be raising this issue and would like to know if the local government board should be considering this application where NH Law requires that foreign corporations register with the Secretary... View More

James L. Arrasmith
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answered on Feb 27, 2024

If a Massachusetts LLC, which has not registered as a foreign corporation in New Hampshire, has purchased land in NH, the question of whether the local planning board should accept its application is nuanced. Under New Hampshire law, foreign corporations (which include LLCs formed in other states)... View More

1 Answer | Asked in Child Support, Divorce, Family Law and Criminal Law for New Hampshire on
Q: My son’s been stressed due to separation/divorce. He has guilt & remorse for rough handling of 6-mo son at 4 AM changing

My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 17, 2024

The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If you're a registered owner of a vehicle that was towed under questionable circumstances, you have the right to dispute the towing and any associated fees. The process typically involves requesting a post-tow hearing or similar administrative review in your jurisdiction. This is a platform... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Consumer Law for New Hampshire on
Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying... View More

James L. Arrasmith
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answered on Jan 16, 2024

If your vehicle was towed following a traffic stop involving others, and you believe this was done without legal cause, you have the right to dispute the towing and the associated fees. The first step is to request a tow hearing, which is your legal right. This hearing is an opportunity to argue... View More

1 Answer | Asked in Education Law for New Hampshire on
Q: Is it legal for a school administrator to drive to a students house after school hours for no reason at all

I saw my school administrator waiting for me at my street address after school hours for no reason at all as I drove by her she then left as I drove past and continued

James L. Arrasmith
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answered on Jan 10, 2024

It's unusual for a school administrator to visit a student's home without a clear reason, and it can raise concerns. There are protocols and policies in most schools regarding staff interactions with students outside of school hours and premises, especially for home visits.

If...
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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: My Chapter 13 payments which started 9 months ago have been raised from $500 to $3500.

Should I withdraw now, or wait to see if it’s dismissed by the judge?

James L. Arrasmith
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answered on Jan 3, 2024

The significant increase in your Chapter 13 payment plan from $500 to $3500 is a substantial change and warrants careful consideration of your options. First, it's important to understand why the payment was increased. This could be due to changes in your income, expenses, or adjustments to... View More

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Where can I find all liens on my property? I looked on the NH Registry of Deeds and couldn’t find it .
James L. Arrasmith
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answered on Jan 3, 2024

To locate all liens on your property in New Hampshire, there are a few steps you can take beyond checking the NH Registry of Deeds. While the Registry is a primary source for this information, it's possible that not all liens are recorded there, or they may not be easy to find due to indexing... View More

1 Answer | Asked in Car Accidents, Civil Rights and Constitutional Law for New Hampshire on
Q: DO WE HAVE ANY RIGHTS?my wife let friend use her car,friend in accident .police impound.not allowed to get items out ?

our friends 2 kids were in car,no one hurt.good samaritans on scene,fire and police eventually .she was rushed to hospital.they told her she had a concussion,released her.police have impounded vehicle .the police havent talked to her AT ALL! next day dcyf calls her ex,hes not to let fr her alone... View More

James L. Arrasmith
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answered on Dec 12, 2023

In your situation, it's essential to understand that you do have rights, and your wife has rights as well. Here are some key points to consider:

Access to Personal Belongings: You have the right to access personal belongings that are in the impounded vehicle. However, the police may be...
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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for New Hampshire on
Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?

she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do?

T. Augustus Claus
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answered on Dec 12, 2023

Your wife should take immediate steps in response to the complex situation.

If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness.

It's crucial to gather relevant documents,...
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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 Banking and Consumer Law for New Hampshire on
Q: Hi, I have a locked cash app card. My ex has it and tries to use it a lot event though it’s locked. Is it illegal?

The app/account is deleted but he keeps trying to use it even though it doesn’t work. I HAD a protection order in place that has since been stopped for abuse.

James L. Arrasmith
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answered on Nov 17, 2023

In New Hampshire, unauthorized use of a financial instrument, like a cash app card, can be considered illegal, especially if the card is registered in your name.

Even if the card is locked and the account is deleted, attempts to use it could potentially be viewed as attempted fraud or...
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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for New Hampshire on
Q: can my manufactured housing co-op which is resident owned fine me for non attendance of the annual meeting

this is their wording on an illegal by our contract mail-in vote...attendance to annual meetings is mandatory for all members .The board will consider any requests for absentee ballots that include a reason such as hospitalization or out of state .attendance to the annual is a basic responsibility... View More

William J. Amann
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answered on Nov 12, 2023

RSA 205-A defines a manufactured housing park as any parcel of land under common ownership or control that contains, or is designed to contain, two or more manufactured housing units such as mobile homes. Owners and operators of manufactured housing parks are prohibited from:

Requiring more...
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1 Answer | Asked in Estate Planning for New Hampshire on
Q: Can i take $ out of a easte account to pay rent that is owed and if so do i just use atm how does it work?
James L. Arrasmith
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answered on Nov 9, 2023

Accessing funds from an estate account should only be done by the executor or administrator of the estate, and only for legitimate estate expenses as allowed by law and the will, if one exists. Rent owed by the estate can be a legitimate expense, but it must be documented and justified as such. You... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: is it against policy in NH to serve the same meal option EVERY DAY? bologna EVERY DAY?? Green moldy bologna??

Hello. My husband is incarcerated currently and he is served the same lunch option EVERY DAY! Bologna. Green rotten bologna that is inedible, like they are animals. I don't know much about how much the state benefits from taxes )amount wise) but i DO know what I pay in taxes and the state of... View More

James L. Arrasmith
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answered on Nov 5, 2023

If your husband is receiving inadequate meals in incarceration, this may be a matter to bring to the attention of the appropriate authorities within the correctional facility. Each state has standards for prisoner treatment that typically include the provision of nutritious and safe meals. Moldy... View More

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