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New Hampshire Questions & Answers
3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
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answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
answered on Mar 18, 2023

First, check with the Register of Deeds in your county to see whether a lien has been filed against your home. A great deal turns on whether you have a mortgage, as the mortgagee has a lien superior to anything the credit card company may have. If so, check the balance due on the mortgage against... View More

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 18, 2023

Judgments, when final, generally become liens against the debtor's real estate located in that state.

If a bankruptcy case is filed withn ninety days of the judgment's becoming a lien on the real estate, it may be voided in bankruptcy as a preferential transfer.

If...
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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William J. Amann
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answered on Mar 20, 2023

What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid

perfected lien or interest...
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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

Leonard G Deming
Leonard G Deming
answered on Mar 15, 2023

I agree with Attorney Amann. The Writ of Execution is a court order granting the creditor to take possession of your property which is not exempt from the actions of creditors to collect debt. It can include filing with the Hillsborough County Registry of Deeds to lien your property, or to go after... View More

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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

William J. Amann
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answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
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1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Can a dba registered In one state be used in commerce in a state other than which it is registered.
William J. Amann
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answered on Mar 8, 2023

Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... View More

2 Answers | Asked in Immigration Law for New Hampshire on
Q: I want to change my visa type from B2 visa to a Green card. my sister is citizen of US can she apply for me?
James L. Arrasmith
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answered on Feb 25, 2023

Yes, your sister who is a U.S. citizen can apply for you to become a permanent resident (obtain a Green Card) through a process called Family-Based Immigration. There are different categories of Family-Based Immigration, and the specific category that your sister would apply under would depend on... View More

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2 Answers | Asked in Immigration Law for New Hampshire on
Q: I want to change my visa type from B2 visa to a Green card. my sister is citizen of US can she apply for me?
Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2023

A US citizen sister can sponsor her sibling for a green card, but the wait time to get a visa is roughly 12 to 13 years, and if you are in the United States and want to adjust status, you have to be in a valid status in order to file for adjustment. If you are out of status at the time your visa... View More

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1 Answer | Asked in Municipal Law and Public Benefits for New Hampshire on
Q: We lost our place to live. We are paying for a hotel but it is my whole paycheck. Does the city welfare have to help us?

We got the room for $114 each night. My husband's health isn't good so we can't go into a shelter he has a service dog.

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

A New Hampshire attorney could advise best, but your question remains open for three weeks. I'm sorry for your difficult situation. Here is a link to New Hampshire Legal Assistance.

https://www.nhla.org/legal

One of the categories they list under their legal assistance programs...
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1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
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1 Answer | Asked in Criminal Law for New Hampshire on
Q: Am I allowed to fire my public defender and hire a paid attorney to take over my case?

How would I go about doing that?

Leonard D. Harden
Leonard D. Harden
answered on Dec 19, 2022

You can fire any attorney. You would need to notify your lawyer and inform them you are unsatisfied with service and would like them to withdraw. If you have hired another lawyer the newly hired lawyer can contact the existing lawyer. It is routine that people are unhappy with their lawyer for... View More

1 Answer | Asked in Criminal Law for New Hampshire on
Q: What is the law in New Hampshire regarding extradition? For example if someone has a warrant out of PA, & is picked up.

If the warrant is for a FTA out of PA & they pick u up for that & hold you in jail until you go to court for an extradition hearing what can someone expect to happen?

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

It depends on the warrant. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the state from which the fugitive has fled. The state that issued the... View More

2 Answers | Asked in Personal Injury for New Hampshire on
Q: Can a judge file a civil lawsuit(not in their official capacity)against a party in the same jurisdiction the judge works
Robert S. Stephen
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answered on Nov 30, 2022

If the Judge is filing the civil lawsuit on his or her own behalf, these prohibitions may not apply as he or she has a right to litigate any wrongs against themselves. However, the case may get transferred to a jurisdiction where there is less of an appearance of conflict. Hope this helps.

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2 Answers | Asked in Personal Injury for New Hampshire on
Q: Can a judge file a civil lawsuit(not in their official capacity)against a party in the same jurisdiction the judge works
Robert S. Stephen
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answered on Nov 30, 2022

In New Hampshire, if the judge is not a full time judge (i.e. a per diem judge), he or she may practice law and can file lawsuits on behalf of a client. The rules would require the judge not to practice in the division of the court that he or she serves in. Therefore, for example, a per diem or... View More

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1 Answer | Asked in Divorce and Insurance Bad Faith for New Hampshire on
Q: If a judge says I can stay on my husband's insurance after divorce, how can a federal insurance deny that?

My husband wants a divorce. But we are doing it amicably and he wants to keep me on his health insurance due to my health issues. He wants to have it written into the final papers. He has a federal health plan and spoke with someone the other day; the insurance says I cannot be on his insurance... View More

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2022

A New Hampshire attorney could advise best, but your question remains open for three weeks. I can only speak for the insurance law-based attributes of your question, not the divorce-related ones. But as a general matter, courts do not usually have the power to change insurance policies. If the... View More

2 Answers | Asked in DUI / DWI and Car Accidents for New Hampshire on
Q: Does a DUI case have the right to a speedy trial?

I got arrested for a DUI August 5, 2023 and my trial date has now been pushed back for the third time to June 4, 2024

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 18, 2024

Yes, you are entitled to a speedy trial. That said, why are you asking questions on this forum---instead, you should discuss this with your lawyer and if you do not have a lawyer at this point in time, then you need to get an attorney to represent you, as well as to protect your right to a speedy... View More

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1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for New Hampshire on
Q: Is it OK for a school front entrance to be completely blocked by buses so there is no way to reach the front office?

And can a crossing guard close down a road so buses can go instead of traffic which then again blocks emergency vehicles as well

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A New Hampshire attorney could advise best, but your question remains open for three weeks. It could depend on whether the school or school district imposes any conditions in the interest of child safety that supplement ordinary state and municipal vehicle & traffic laws. An attorney would... View More

1 Answer | Asked in Real Estate Law for New Hampshire on
Q: Can I place a Lien on the property of a person whom I loaned money to and had a signed agreement?
Anthony M. Avery
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answered on Jan 29, 2024

No, you will have to sue them first, get a judgment, then record the judgment as a lien.

1 Answer | Asked in Business Law for New Hampshire on
Q: When a Dentist terminates service from his lab, does the lab have a number of days to conplete service?

Dentist was satisfied with temporary prosthesis worn for 6mos and was waiting to heal for final. And when final temp was tried it did not fit because their Surgeons office sent wrong bite scan. And what protects small business owners with fraudulent claims and termination of seevice?

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2024

A New Hampshire attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific protections for labs, such situations are generally governed by the agreement between the dentist and the lab. Good luck

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