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New Hampshire Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: We lost an eviction hearing and were given a 90 day discretionary stay. During the discretionary stay order the neighbor

Kids tested positive for high levels of lead. We have made all payments for the stay and the landlord had granted us stay in the apt since we have been on time with the rent payments. However now the property needs to be lead abated and us relocated. He's telling us he's going to take it... View More

James L. Arrasmith
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answered on Oct 23, 2023

In New Hampshire, landlords have an obligation to provide habitable premises, and the presence of high lead levels could violate this. If the property needs lead abatement and you must be relocated, the landlord's duty to provide habitable housing remains, regardless of your eviction status.... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

For the past six years the VA overpaid me for compensation and pension benefits. All that time I thought the benefit was a lifetime benefit. My stupidity is no excuse, but the VA paid me the benefits every month. At the time VA homeless shelter personnel collaborated with me to get the compensation... View More

William J. Amann
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answered on Oct 17, 2023

Your Justia inquiry came in as a "Bankruptcy" question, so I assume you think that is the way to go. It might be. First, you may be judgment proof and filing might be unnecessary. Second, the VA might have a process in place to deal with this. If it's Bankruptcy, I'm... View More

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

For the past six years the VA overpaid me for compensation and pension benefits. All that time I thought the benefit was a lifetime benefit. My stupidity is no excuse, but the VA paid me the benefits every month. At the time VA homeless shelter personnel collaborated with me to get the compensation... View More

James L. Arrasmith
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answered on Nov 5, 2023

You should contact the VA as soon as possible to clarify the situation and explore your options. They may offer repayment plans that consider your current income and ability to pay. It's also possible to dispute the debt if you believe the overpayment was not due to any fault of your own or if... View More

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1 Answer | Asked in Business Formation for New Hampshire on
Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?

If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure?

T. Augustus Claus
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answered on Oct 16, 2023

No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a... 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 Family Law, Adoption and Constitutional Law for New Hampshire on
Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR

I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great

James L. Arrasmith
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answered on Oct 15, 2023

In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a... View More

1 Answer | Asked in Real Estate Law and Banking for New Hampshire on
Q: What is the Statute when the mortgage company will not provide the payoff statement?

Sold a house a week ago, and have been requesting the payoff statement for months.

T. Augustus Claus
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answered on Oct 10, 2023

In New Hampshire, when it comes to residential mortgage loans, lenders are generally obligated to provide payoff statements to borrowers in a timely manner. Under the federal Real Estate Settlement Procedures Act (RESPA), upon receipt of a written request from the borrower, the servicer is usually... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: How do I request a copy of the GAL report.

The GAL submitted the final report. How’s do I get a full copy of the report?

Joseph Caulfield
Joseph Caulfield
answered on Oct 4, 2023

You are entitled to a copy of the GAL report, less any information you have agreed in the GAL stipulation may be redacted, or the court has otherwise ordered redacted.

This is something confidences shared by a child to the GAL.

You may always move the court to release the redacted information.

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is it possible to force a co-owner to sell or refinance?

2 years ago I purchased a home with the partner I’d been with for 8 years, both our names were put on the deed and mortgage (though I put in more than double the money he did and it was MY great credit that got us it). We separated shortly after and he has since REFUSED to sell it, refinance, buy... View More

John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Unless it is his homestead, this sounds like a job for a suit to partition by sale. Co-owners of real property (called co-tenants in common in law) can petition the court at any time to partition the property by sale. The court will balance the equities based upon each party's contributions... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Constitutional Law and Municipal Law for New Hampshire on
Q: can a police officer run my name through DMV RECORDS without a violation or traffic stop just to see if i have a license

if a police officer drives by me and i have had no police contact or reason for my information to be searchd online, did not break and traffic laws to warrant a stop, was not infact even pulled over for anything, can he just plug my name in the nh dmv database to see if i have a valid drivers... View More

James L. Arrasmith
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answered on Sep 11, 2023

Law enforcement officers generally have broad authority to access DMV records, which includes license status information. This access, however, should be exercised for legitimate law enforcement purposes and not on a whim or for personal reasons. If you believe your rights have been violated, you... View More

3 Answers | Asked in Personal Injury for New Hampshire on
Q: A member is injured at a private club do to the fact that he was not given any rules to follow is that a cause of action

additionaly there are no rules posted

T. Augustus Claus
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answered on Sep 6, 2023

If a member is injured at a private club due to a lack of rules and regulations or the absence of clear guidelines, there may be grounds for a cause of action, depending on the circumstances and applicable laws in New Hampshire. While private clubs have some discretion in setting their own rules,... View More

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2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

Ordinarily a claim against your own attorney will be a claim for legal malpractice. You will be to prove that the attorney’s conduct fell below the standard of care of attorneys in the area and that that caused you to sustain damages, typically by losing a case you would have won.

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2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

William J. Amann
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answered on Aug 20, 2023

An attorney-client relationship, just like other kinds of relationships requires trust, among other things. It's clear that you do not trust your attorney. However, I don't see any benefit to your own lawyer to intentionally lie to you about anything quite frankly, let alone sabotaging... View More

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