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New Hampshire Questions & Answers
1 Answer | Asked in Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »

William J. Amann
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William J. Amann
answered on May 11, 2022

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Can I be charged with criminal trespass for driving up a posted driveway to ask for a phone when having car troubles?

Driveway was posted however it was late and below freezing temperatures. Truck was about to die 100%. I'm on camera going up driveway and leaving. Never reached anyone for help. Found out months later there was a theft around the time I went up there to ask for a phone. Police are trying to... Read more »

Leonard D. Harden
Leonard D. Harden
answered on May 9, 2022

The answer really depends on the facts. You should contact a defense lawyer and consult about your case. If you have been charged with a criminal offense that means there is probable cause to arrest according to at least a police department and justice of the peace.

Call a well...
Read more »

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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William J. Amann
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.

2 Answers | Asked in Immigration Law for New Hampshire on
Q: How long does it take to get a green card through marriage in New Hamphsire
Agnes Jury
Agnes Jury
answered on Apr 24, 2022

You can check the processing times at https://egov.uscis.gov/processing-times/

Best wishes!

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1 Answer | Asked in Employment Discrimination and Employment Law for New Hampshire on
Q: Can an employer require you to give a reason when requesting a day off?

A new manager put in place a rule that if you are asking for time off you must provide a reason for that request. If the reason isn't good enough, you are denied your request. The request sheet is left out so that anyone can see your request.

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 19, 2022

Yes. Since paid time off is not required by law, employers have a lot of discretion to define the terms of when and how employees can use it. If you don't want your requests to be seen by others, you can ask to mark the days you'd like off on the sheet and separately email or message your... Read more »

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My childrens father moved out of NH to GA and left me with the children how long before I can go for full custody.

We were never married never been to court.I’ve always been the primary provider for the children.He rarely reaches out to them since he’s been gone and isn’t providing any type of support.

Matthew D. Minuti
Matthew D. Minuti
answered on Apr 14, 2022

Assuming NH is the home state of you and the children, you don't need to wait! You would be filing a parenting petition seeking sole decision-making responsibility and residential responsibility for the children. Because the children are exclusively your responsibility, you may also want to... Read more »

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: During an IME DOES THE DOCTOR HAVE A RIGHT TO THE WITNESS NOTES

Witness for injured person

Michael Levin
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Michael Levin
answered on Apr 12, 2022

Great question. No, the IME doctor is there to do an exam and send their report to the workers

comp. insurance. That's it. You have the right to have a witness with you. The doctor has no right to see what the witness writes down. Whether those notes would be admissible in...
Read more »

1 Answer | Asked in Divorce for New Hampshire on
Q: My husband and I want a divorce but want to refinance the house, I get the equity and he gets the house.

Do we do this before, after or during the divorce? I need the money for a new start for me and my children but I’m afraid I won’t get it somehow.

Ora Schwartzberg
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Ora Schwartzberg
answered on Mar 20, 2022

The best way is for the two of you to meet with an attorney mediator who will help you identify and resolve all the financial issues at one time. Once you reach an agreement you can decide when you would like to refinance. You can then file your agreement with the Court along with a joint... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Is it a good idea to get a lawyer before an arraignment for misdemeanor charges?

On March 3rd I had an incident with my ex girlfriend. I was called down to the police station after for questioning. After talking to them I was arrested

My charges are:

-Class A misdemeanor domestic violence simple assualt (I grabbed her arm)

-Class B misdemeanor Criminal... Read more »

Leonard D. Harden
Leonard D. Harden
answered on Mar 8, 2022

A DV simple assault carries with it many unforeseen consequences. It may impact your firearms rights and result in travel restrictions to Canada. I would encourage you to consult with a criminal defense attorney in the area where you are charged.

In many cases charges can be amended to...
Read more »

1 Answer | Asked in Foreclosure for New Hampshire on
Q: what is considered an official notice of foreclosure? Notice on our bill. CS said ignore it.
Leonard G Deming
Leonard G Deming
answered on Mar 1, 2022

I am not sure who "CS" is (case servicer?) but in New Hampshire a formal notice of foreclosure must be sent to the last known address of record via certified mail, return receipt requested. It will have a date and time certain as to when the sale will occur. For residential property, this... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: Where can I get a form for. Petition to terminate RSA-651-B
Leonard D. Harden
Leonard D. Harden
answered on Feb 18, 2022

I think you are seeking information about a petition to annul a criminal conviction, RSA 651:5. There is a checklist found at the State of NH website: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/annulmentchecklist.pdf

You have to follow the time frame in the...
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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Hampshire on
Q: I'm hoping to get info on settling a claim after I was rear-ended by another driver in my handicapped/wheelchair van

All State is the insurance and is willing to settle the medical portion but because they could not find an adequate vehicle for me to use and because of the nature of the repairs, I was out a vehicle for more than 3 weeks. My daughter has a specialized wheelchair and we missed out on a lot of fun... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

You do not have to hire a lawyer but most insurance companies will not take you seriously without a lawyer, especially on a loss of use claim and/or speculative general damages. That said, it is your choice. Please note that most attorneys practicing in the filed of injury/accident law will... Read more »

1 Answer | Asked in Car Accidents for New Hampshire on
Q: Is it legal for snow plows to run stop signs and red lights
Tim Akpinar
Tim Akpinar
answered on Jan 18, 2022

A New Hampshire attorney could advise best, but your question remains open for two weeks. Nationwide, snow plows are cut some slack because of the importance of their work and pressure to keep roads clear during heavy snowfalls, despite the fact that in many places, they do not enjoy special... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: If I was sentenced to surrender for 30 day weekend sentence on a certain day but finished it later on is it bail jumping

I was sentenced to surrender for 30 days on weekends on 3/26/21. I had unforeseen circumstances to not surrender until 4/16/21 but continued to to do it every weekend until I finished with good behavior on 5/31/21. So I finished the sentence just 3 weeks late. Is that still bail jumping?

Leonard D. Harden
Leonard D. Harden
answered on Jan 6, 2022

Like many things in the law the answer is it depends.

642:8 Bail Jumping. –

I. A person is guilty of an offense if, after having been released with or without bail, he:

(a) knowingly fails to appear before a court as required by the conditions of his release; or...
Read more »

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: Do I legally have to work with the Nurse Case Manager assigned to my Worker's Compensation case in New Hampshire?

I suffered a work injury in 2019. I've just now been assigned a Nurse Case Manager two years later.

Michael Levin
PREMIUM
Michael Levin
answered on Jan 4, 2022

In short, no, you don't have to work with an NCM. You can politely tell them thank you, but no thank you. If you're going to go that route, you should also make sure your doctors are aware that you don't want them communicating with the NCM either.

That said, NCM's...
Read more »

1 Answer | Asked in Probate for New Hampshire on
Q: I live in New Hampshire and was just told by the probabte lawyer that I have to sell my mom’s house where I reside

I live in New Hampshire and was just told by my probate lawyer that since my name is not on the home with the mortgage that I either need to pay the loan in full or get some type of financing as the Due on Sale clause will take effect. I was told by the bank that has the mortgage that I could just... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Dec 12, 2021

Some facts are missing. There are federal laws that prohibit acceleration of home loans under certain circumstances when a borrower dies. There are not enough facts here to definitively determine whether your facts fit within those exceptions to the due on sale clause. But if the bank has no... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New Hampshire on
Q: Have a insurance company that will not negotiate even after I asked for several item . Spoke to the “supervisor “

In negotiations with insurance, though talk have stalled. They only went up 300 dollars from initial offer on a total losS they have not been able to provide information on how they arrived at that number of 8,000 when I see car for sale for 10000 to 12000 I even provided them direct links though... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2021

A New Hampshire attorney could advise best, but your post remains open for two weeks. As a general premise nationwide, insurance carriers do not have a statutory obligation to settle all claims. They have an obligation of conducting the claims process in good faith. But it is not necessarily bad... Read more »

1 Answer | Asked in Probate for New Hampshire on
Q: If I inherited a home in New Hampshire that has a mortgage can and I continue the mortgage payments?

I inherited a home with a mortgage from my mom. My name is not on the house can I continue the mortgage payments as is as I am now the successor of interest or do I have to pay the whole mortgage up front before closing.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 3, 2021

You may keep making the mortgage payments, yes. Federal law prohibits acceleration of the loan on the grounds of the death of the decedent and transfer to a child.

You do need to notify the lender of the death of their borrower and your status as "successor in interest" so they...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Hampshire on
Q: Who owns trees in New Hampshire? Owner of the land they grow on, or owner of easement over that land, ie: condo unit?

Our limited common area is an airspace unit, ie: right to exclusive use of our limited common area (unit) ABOVE the land. The land under each limited common area is "owned in common by all unit owners" just as is the common area land. So who is responsible for the cost of removal of... Read more »

Israel Piedra
Israel Piedra
answered on Nov 29, 2021

This is an interesting question, but probably not one where you will find a definitive answer. In particular, if the tree is within the airspace and poses a danger, property ownership of the tree may not be the sole determining factor for who is responsible for it. Any answer would probably come... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Homestead exemption

If I file bankruptcy, are there restrictions on how I can spend the $120,000 exemption?

Also, I have 2 liens on the property. How do those factor in to the homestead exemption?

William J. Amann
PREMIUM
William J. Amann
answered on Nov 5, 2021

The NH Homestead statute shields your residence from creditors liquidating the home without paying you $120,000. This really just shields you and creditors don't move to liquidate. The liens would need to be examined to determine timing and type of lien. I'd be glad to discuss further,... Read more »

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