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New Hampshire Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts and Collections for New Hampshire on
Q: How to avoid paying a defaulted car loan I cosigned?

I cosigned a car loan, and the primary borrower has defaulted. Despite communicating with the lender about options to remove myself and exploring refinancing, the loan company is now suing me due to the default. This has severely impacted my credit score and financial status. How can I legally get... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 3, 2025

Other than filing bankruptcy, you can't. You co-signed, which means you accepted full responsibility for every payment to the lender, regardless of any agreement that you had with the other signer. You are on the hook at much as the other signer, and they don't have to come after him if... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Personal Injury for New Hampshire on
Q: Assault at storage facility by property manager; police consider charges.

My husband and I were assaulted at a storage facility in which we rent a container, by a man claiming to be the owner—later identified as the property manager. During the altercation, the manager damaged our phone and assaulted my husband. Although the incident was recorded, the police mentioned... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 27, 2025

You may be able to sue the storage facility for the actions of its employee, as businesses can be held liable for misconduct by their staff. A lawsuit could seek damages for assault, emotional distress, and property damage. A personal injury attorney can assess the strength of your case and guide... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Personal Injury for New Hampshire on
Q: Arrested for felony theft after delivering stolen package, seeking compensation for ordeal.

I was working as a delivery driver for a major service when I picked up a package as directed and delivered it to the designated drop-off location. Two weeks later, I was arrested on a warrant for felony theft because the package turned out to be stolen. I have been released on bond, with a court... View More

Leonard D. Harden
Leonard D. Harden
answered on Mar 7, 2025

It seems like you may still have a criminal case. If so you should hire the best defense lawyer in the area where the court is located. I would suggest looking for any attorney who has at least 10 years of experience, is a member of a national (NACDL) and NH specific criminal defense lawyer... View More

1 Answer | Asked in Health Care Law and Civil Litigation for New Hampshire on
Q: Can I sue my health insurance company without a lawyer?
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A New Hampshire attorney could advise best, but your question remains open for a week. Until you are able to arrange a consult with a local attorney, the basic rule is that people are free to represent themselves (pro se). Health insurance carriers could impose conditions on their policies or... View More

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 Civil Litigation for New Hampshire on
Q: How does res judicata apply to a second identical RFA action in New Hampshire after dismissal?

I am facing a second RFA action filed on the same grounds and seeking the same relief after the first one was dismissed by the court in June 2025. The court dismissed the initial RFA due to a failure to prove the required elements, according to the judge's decision after a full hearing. In the... View More

James L. Arrasmith
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answered on Jul 12, 2025

You’re right to raise res judicata because it directly applies when a second case tries to re-litigate the same issues between the same parties after a final judgment. In New Hampshire, if a court has already held a full hearing and dismissed an RFA (Restraining Order for Abuse) due to failure to... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for New Hampshire on
Q: How can I resolve land address discrepancies and ownership conflicts in NH?

I own a portion of land, and there's an ongoing issue regarding the address discrepancy with a neighboring company's property. The company was originally owned by an elderly man who passed away, and his son walked away from the matters. Since partners showed up in 2014, I have experienced... View More

Anthony M. Avery
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answered on Jul 11, 2025

You have not stated what issues exist with your property. You must hire an NH attorney to search the titles of all adjacent landowners, and possibly a surveyor. A Quiet Title or Boundary Dispute suit is very possible. Time is of the essence. You may have already acquiesced to some boundary... View More

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1 Answer | Asked in Estate Planning, Probate and Civil Litigation for New Hampshire on
Q: Sister failed to maintain life insurance policy as POA; should I sue estate or her?

My sister, who had power of attorney (POA) while my mother was alive, took out a loan against a life insurance policy for which I am the sole beneficiary. She failed to make the monthly $18 payments, leading to the policy's cancellation. She was also the executrix of my mother's estate.... View More

James L. Arrasmith
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answered on Jul 6, 2025

You should consider filing a claim against your sister individually, not the estate, because the harm you suffered was the result of her personal actions while acting under power of attorney—not the estate’s. As POA, she had a legal duty to act prudently and in your mother's best interest.... View More

1 Answer | Asked in Probate, Appeals / Appellate Law and Civil Litigation for New Hampshire on
Q: Can we file a Superior/Supreme Court suit to stop probate judge's actions, NH?

I am involved in a probate case where the judge has disobeyed RSAs 553:2/3, Article 29 of the Constitution, Canon 1.1 of the CJC, and their Oath of Office, by refusing to grant the heirs their right to administer the estate as co-administrators according to the mentioned RSAs. We are considering... View More

James L. Arrasmith
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answered on Jul 6, 2025

If you believe the probate judge has violated statutory and constitutional provisions, your legal remedy lies through appellate channels—not by filing an original suit in Superior or Supreme Court. In New Hampshire, decisions made by the Circuit Court—Probate Division—must be challenged... View More

1 Answer | Asked in Domestic Violence and Civil Litigation for New Hampshire on
Q: What constitutes stalking and harassment for a restraining order in NH?

I am seeking a restraining order in New Hampshire against the office manager of my 55+ manufactured home park due to repeated harassment and stalking incidents occurring on April 9, May 21, and June 13, 2025, while I was retrieving my mail. The office manager followed me, confronted me in the... View More

James L. Arrasmith
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answered on Jul 6, 2025

Under New Hampshire law, stalking is defined as a repeated course of conduct directed at you that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. This can include following you, appearing at your home uninvited, or sending unwanted messages or... View More

1 Answer | Asked in Probate and Civil Litigation for New Hampshire on
Q: Validity of creditor claims against estate in New Hampshire: registered mail vs. actual notice.

I'm the appointed administrator of my daughter's estate in New Hampshire. She passed away with unpaid medical bills and credit card debt. I understand there's a 6-month period for creditors to file claims against the estate. If a claim is sent via registered mail, does that serve as... View More

James L. Arrasmith
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answered on Jul 5, 2025

First, I’m truly sorry for your loss. Taking on the responsibility of administering your daughter’s estate while managing grief is no small task, and it’s commendable that you're seeking clarity on how to handle creditor claims. Under New Hampshire law, creditors typically have six... View More

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for New Hampshire on
Q: Am I obligated to pay for third-party repair costs? NH subcontractor issue.

I am a flooring subcontractor in New Hampshire and recently faced an issue with a client (a storefront) after installing flooring in a flip house. The installation required repairs, and I had ordered the materials but was awaiting a date to perform the repair. However, the client hired a... View More

James L. Arrasmith
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answered on Jul 5, 2025

Your long-standing verbal agreement with the storefront carries weight, especially after 30 years of consistent business. In New Hampshire, a contractor generally has the right to repair defective work before the client hires someone else and seeks reimbursement. If you made it clear that you... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Civil Litigation and Real Estate Law for New Hampshire on
Q: Legal options for prosecuting both landlord and police department for misconduct in Salem, NH, seeking maximum monetary settlement for damages.

I am facing unresolved and escalating issues with landlord misconduct and municipal inaction in Salem, New Hampshire. These issues include retaliatory eviction, unlawful entry, a rent increase from $1,100 to $1,350 without privacy, sole responsibility for utilities, and theft of personal property.... View More

James L. Arrasmith
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answered on Jun 25, 2025

You have powerful grounds to pursue legal action against both your landlord and the Salem Police Department, given the volume of documented misconduct and the seriousness of your claims. Against the landlord, you may have claims for illegal eviction, violation of New Hampshire tenant rights,... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Personal Injury and Real Estate Law for New Hampshire on
Q: Manufactured home's warranty not honored, roof issues, harassment in NH

I purchased a new construction manufactured home in July 2024, and the manufacturer and installer are not honoring the warranty. The roof blew off in January, deemed defective by both a licensed roofer and my insurance provider. Repairs have also been inadequate, leading to water leaks, mold, a... View More

James L. Arrasmith
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answered on Jun 14, 2025

You’ve been through an incredibly stressful and unjust situation, and it’s understandable that you feel overwhelmed. When a new manufactured home suffers this kind of structural failure—especially so soon after purchase—and the warranty is ignored, it points to serious breaches in both... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Civil Litigation and Real Estate Law for New Hampshire on
Q: Can I sue landlord for emotional trauma due to harassment in NH?

I have been dealing with a neighbor who, with the landlord's permission, uses surveillance cameras to stalk me. This situation has been ongoing since April 2022, causing me significant emotional trauma because I suffer from agoraphobia, depression, and anxiety disorders. Despite my pleas to... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have strong grounds to pursue legal action against your landlord for emotional distress based on your situation involving surveillance and harassment. Emotional distress claims against landlords are possible when their actions are extreme, intentional, and cause severe harm that disrupts daily... View More

1 Answer | Asked in Civil Litigation, Internet Law, Libel & Slander and Personal Injury for New Hampshire on
Q: Can I take legal action for video recording without permission in NH?

In New Hampshire, someone recorded me without permission while I was working in my backyard and posted the video online. My backyard is not visible from public property; the person trespassed on my neighbor's property to take the video. I have had previous unfriendly interactions with this... View More

James L. Arrasmith
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answered on Jun 11, 2025

You have a valid concern because New Hampshire recognizes a right to privacy when you’re in a place where you have a reasonable expectation of seclusion, like your backyard, especially when it’s not visible from public areas. Since the person trespassed on your neighbor’s property to record... View More

1 Answer | Asked in Consumer Law and Civil Litigation for New Hampshire on
Q: Who is responsible for misleading advertising in a pull-tab game?

I bought pull-tab tickets at American Post 68, where a $150 ticket was advertised to be in the tank. Despite purchasing all the tickets, no winning ticket was found. Who is responsible for the misleading advertisement, and is the club obligated to pay out due to this misrepresentation, especially... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you’re dealing with a frustrating situation, and you may have some legal recourse. Since the $150 ticket was advertised as being in the pull-tab game, but no winning ticket was found, the organization may have engaged in misleading advertising or misrepresentation. The club, in... View More

1 Answer | Asked in Traffic Tickets and Civil Litigation for New Hampshire on
Q: Can charges be dropped if police did not have lights on?

I was pulled over last night between 7:30-7:45 PM on a two-lane highway without above traffic light posts in New Hampshire. I was charged with going 25 miles over the speed limit and failure to yield because I didn't feel comfortable pulling over on the highway. The police officer who stopped... View More

James L. Arrasmith
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answered on Apr 12, 2025

You’re asking a very reasonable question, especially since your dashcam footage might offer valuable context. In New Hampshire, the fact that a police officer didn’t have visible headlights or marker lights on during low-light conditions could potentially raise concerns about **identification... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Hampshire on
Q: What are my legal options after house disclosure misrepresentation in NH?

I purchased a house in November 2022 and discovered it had multiple issues, including being on cinder blocks instead of pillars as disclosed by the previous owner. After a professional inspection confirmed the issues, I had a lawyer send a demand letter, but the owner did not respond. She offered... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a difficult and frustrating situation—especially when you made the purchase in good faith and now you're dealing with unexpected repair costs. In New Hampshire, sellers are required to disclose known material defects, and misrepresenting something structural like the foundation may... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Real Estate Law for New Hampshire on
Q: Seeking compensation for unjustified tow in NH due to expired registration, despite renewal receipt.

I'm a Massachusetts resident, and my car was towed from an apartment complex's parking lot where I was visiting on June 13th due to an expired registration sticker. However, I had renewed my registration online prior to the expiration date (June 1st) and carried the printed receipt in my... View More

James L. Arrasmith
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answered on Apr 11, 2025

What happened to you sounds incredibly frustrating, especially since you took the proper steps to renew your registration and carried proof in your vehicle. As a Massachusetts resident, M.G.L. c.90 §2 does allow a 60-day grace period after online renewal, during which you can legally drive with a... View More

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