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New Hampshire Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: If I have a specific eviction date is there a way for me to make payments on the past due amount and have it be legal

Eviction date is 12-31-18. Im waiting to see if I can get state and/or a church's assistance.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 12, 2018

You can always ask the landlord to extend. If the eviction is not court ordered then they must evict you through the courts, which will take about 14-30 days to get the hearing date, the court may also allow you to pay the amount due plus costs and void the eviction.

1 Answer | Asked in Criminal Law and Immigration Law for New Hampshire on
Q: My husband has a warrant for his arrest and he can't appear in court physicaly. out of the US.is there a way to dismiss

we were advice not to enter the US unless the court drop the warrants because he will be picked up by ICE from the airport and maybe issue a deportation proceedings. Now his green card also expired last year while he still out of the US . it has been over 4 years out of the state,

Whats... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Nov 15, 2018

Seeking legal counsel who could represent him before the court on the charges against him could help in some way.

Unfortunately your husband’s problem has been compounded by his absence from the US for so long; he’s essentially abandoned his residence. There are ways to regain it; he...
Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: If I am divorced, but still own property jointly with my ex, what happens to it if I file for bankruptcy?
Timothy Denison
Timothy Denison answered on Nov 9, 2018

Depending on the equity in the property, you can protect it or walk away from it without obligation.

1 Answer | Asked in Landlord - Tenant for New Hampshire on
Q: i rented out a room in my single family home. Owner Occupied house. the renter was here for 30.days and moved out withou

notice. can security deposit be applied to next month rent as no notice was given. monthly rental

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

Was there anything in writing evidencing that it was a month to month rental? Be very careful with security deposits, the courts do not like it when they are not given back, and not giving it back can result in attorney fees and damages against you for not doing so without proper legal grounds.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: My 19 year son was arrested over the weekend. How do I find out the nature of the charges? Noone will speak to me

He was on pretrial probation. How do I know if he has new charges or if tbjs was a violatiin of pretrial release? Web site says he was arraigned on one charge but pending arraignment on 2

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

You can show up at the arraignment or visit him at the jail he has been located at, at the times posted for visitation.

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 Family Law and Child Custody for New Hampshire on
Q: Do I have to respond to my daughters emails or texts demanding what we do with her son . If her visits were terminated

Her visits were terminated 1 1/2 years ago. I've had legal guardianship of him since he was 5 1/2 months he is almost 5. The only home he has ever known is with my husband and I

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

You do not have to respond but it may depend on the written court decision for the guardianship. It may state in the decision what types of contact the mother can or cannot have. Read it carefully. Just keep in mind that generally speaking, courts prefer allowing some types of contact with the... Read more »

1 Answer | Asked in Consumer Law for New Hampshire on
Q: What can I do if an auto repair shop will not refund me for work I paid for and he hasn't done.

He does not even do a front end alignment he sends it to someone else to do

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

First you should demand payment by letter. when that doesn't work you should file in small claims court if you meet the requirements. Filing a small claims case in NH is now done by computer and relatively easy to handle. Good luck!

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the transaction with the deposit money.... Read more »

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

The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could... Read more »

1 Answer | Asked in Civil Rights, Contracts, Real Estate Law and Landlord - Tenant for New Hampshire on
Q: My son who is disabled had a verbal lease month to month with his girlfriend. In the process an aquatance established .

Residency and wont leave. Can the landlord hold me or my son responsible for this person who wont leave?

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

If in fact, as you state, she has a month to month tenancy, then you have to give her 30 days notice to quit the apartment. These cases are tricky, if she won't leave, you should hire an landlord tenant attorney. attorney Brian Shaughnessy is the attorney I use to evict my own tenants. He is one... Read more »

1 Answer | Asked in Criminal Law for New Hampshire on
Q: A town website refuses to remove my name from an online police log saying it is part of the public record, is this fair?

This situation relates to the state of NH. I have several charges that were nolle prossed, and I'm currently working through the annulment process. One online media outlet has already agreed to remove my name and scrape the meta tag from the Google search, but why won't the town?

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

It may not be fair but it is common practice. if you were found not guilty you can ask for a removal, if that doesn't work then you can ask the court to anul the arrest record.

1 Answer | Asked in DUI / DWI for New Hampshire on
Q: I live in NH and have been charged with a DUI but refused a BAC test.previous DUI from 10 years ago, will this be 1st

I'm referring to washout period 1st or second offense

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

Within ten years it will not be considered a first offense.

1 Answer | Asked in Personal Injury for New Hampshire on
Q: What are some instances that a police officer who hit my car wouldn't qualify for government immunity in a lawsuit?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

Instead, how about just telling us the facts of the incident instead of us coming up with scenarios.

1 Answer | Asked in Internet Law for New Hampshire on
Q: I am being slandered on line on a daily basis for over two years. Do I need a lawyer or can I go to the police?

For well over two years, on a daily basis, personal details of my life from 20 years ago have been posted on line and through e-mails by an in-law. I have been harmed at work, in my community, and with family and friends. This in-law is also slandering my mother, a cancer survivor who I am caring... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 30, 2018

I do not practice in New Hampshire, but your question has not been picked up in four weeks. I can’t speak for New Hampshire, but slander-libel is generally a civil matter throughout the United States. It is considered an intentional tort. Slander is generally verbal while libel is in writing. A... Read more »

1 Answer | Asked in Personal Injury for New Hampshire on
Q: Lent a person money who claimed I would make a profit on the deal and now he’s refusing to pay back

Have proof of money send. Roughly $10,000.

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Oct 8, 2018

This is not a personal injury case-this is a breach of contract issue for you to resolve. It's a lot of money and hopefully you have something in writing that evidences the loan, and some time frame i which it was to be paid back. You should speak to an attorney about this.

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Can I file for bankruptcy on behalf of my irresponsible adult children?
Timothy Denison
Timothy Denison answered on Sep 7, 2018

Not unless the child is incompetent and you have guardianship or power of attorney.

1 Answer | Asked in Copyright and Trademark for New Hampshire on
Q: How do I go about getting trademark for a motorcycle riding club?
Peter D. Mlynek
Peter D. Mlynek answered on Aug 30, 2018

You would do it exactly the same way like with any other trademark: you can file it yourself, or you can hire a trademark lawyer to do for you.

But two points that you need to be aware of:

(1) There are a number of MCs out there, and their marks and logos are often similar to each...
Read more »

1 Answer | Asked in Immigration Law for New Hampshire on
Q: If I try to leave the u.s. to visit my girlfriend in Canada without a passport will I be allowed entry.

I have my birth certificate social security card and drivers license

Randall Drew
Randall Drew answered on Aug 24, 2018

Not likely. You need an enhanced driver's license to cross the border. New Hampshire is starting to issue REAL ID compliant driver licenses but that is not the same as an enhanced id for cross border travel.

1 Answer | Asked in Personal Injury for New Hampshire on
Q: Can I sue the landlord of a building where one of the tenant's dogs bit me?
Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Aug 3, 2018

Good question and depends on the facts. Check the Lease and look at what it states in regard to dogs. If no dogs are allowed and he lets dog(s) live with the tenant it could be a violation of the Lease, and may make him culpable. If the landlord has known this dog has been biting other people or... Read more »

1 Answer | Asked in Arbitration / Mediation Law for New Hampshire on
Q: Hello. we've just purchased a house (closing was 4 days ago) and a few events make us suspect foul play from owner

Hello. we've just purchased a house (closing was 4 days ago) and a few events make us suspect foul play from owner who has been all along passive aggressive, disappointed with the price the house got sold for. He must have closed the water pump and opened the kitchen sink valve leading to flooding... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Jul 22, 2018

You may be able to demand an Arbitration proceeding, but that is under California Law. California has different laws than Massachusetts. Under California laws, most real estate purchase agreements contain such clauses. I don't know what Mass. laws say. You should review the paperwork. Good Luck.

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