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Found 12 results

  1. If I am recording a conversation with consent of the other party, but they also begin recording secretly without my consent is this a violation of the NH law? It seems to me that consent would need to be given for each recording because there is the issue of control of the recording, and I did not consent for her to have control over the recording. Perhaps this is semantics. I could see, though, the argument for why consent to recording could allow any recording during the given period, however, I imagine there are many instances where this would not be true. You may, for example, be in a place with security cameras that are known, but if another person starts secretly recording you that seems wrong and would again be about who has control and access not whether or not recording is taking place. Clearly I don't understand the law, but I'm looking for clarity. Thanks.
  2. I recently purchased a new car at a local dealership. I had not done my research, unfortunately, and impulsively signed a contract. As it turns out, I over paid for the car almost $2000 dollars. This was well over the advertised price and the listed MSRP of the vehicle. The dealer also told me he would give me $2000 for my trade in, but just turned around and added that to the cost of the vehicle. Apparently, the car manufacturer had special offers going on, which I found online later. When I asked them about it, they lied and said that they advertise those prices only to get people in the door, but I know that is not true. I found this out by calling the car manufacturer myself. Is there anything illegal about what they did?
  3. I bought a car from a dealership that immediately after the sale, closed shop and left town. I had a 12% loan from a credit union in Vermont. After one year of making payments dutifully I wanted to refinance at a lower rate of interest. Credit union would not refinance due to no title on the car. I went to bank to refinance, my credit score had climbed a hundred points in one year. Bank will not make a loan for a car with no title. I have stopped making payments Can credit union repossess my car without having the title?
  4. I filed for a Child Support Modification this past April 1. The other party was served paperwork on April 22. Our Hearing was June 8 and a Decision was made on June 12th and my payment has been lowered. During this time, I was paying the higher amount through the state's automatic income assignment. My question is regarding overpayments. It is my understanding that the new amount would go into effect retroactive to the date of service which was April 22nd. Does anyone know which date would be correct for determining what my overpayments are?
  5. I am currently paying Child Support based on my Income and a monthly car allowance. My car allowance allows me to purchase, insure (my company is listed an additional insured), and maintain my vehicle. It is reported on my yearly W2"s as income. My tax returns show that my car is used 90% for business. I cited a NH case, Albert vs. McRae (No. 2006-139) that claimed W2 income reported was "passive income" as the monies were used to pay down a mortgage on rental property and should not be considered as income for the purposes of Child Support. The Court Hearing Officer didn't even acknowledge my citing or write an explanation in her decision. The decision simply stated "Your auto allowance will be will be used for the purposes of calculating Child Support." Is there a better way to argue that it should not be considered as income as most of my allowance of $550.00 goes directly back into my auto expenses.
  6. Less than 2 years ago, we bought a used truck for my fiance's construction job. It was in poor condition and the owner of the dealership did not make that known to us. Within the 30 day dealer warranty time frame, we brought the truck back for a rotting frame issue and instead of fixing it like he said he was going to, the owner covered it up with under-coating. Now here we are with 3 more years of payments and an un-drivable truck that has been deemed unsafe to drive by our mechanic due to a completely rotted truck frame. In addition to that, he sold us a $2,450 extended warranty that was never given to us after MONTHS of calling the dealership asking for it. Come to find out from the warranty company (we FINALLY got the company information from the dealership this past weekend with only 2 more months left on the warranty!), the paperwork for the warranty was never processed and the money was pocketed by the owner of the dealership. That is the short version!!!
  7. Good Morning, I am an attorney in New Hampshire who was recently divorced. The divorce was amicably mediated, and in the few times it was necessary I represented myself. By so doing I became both attorney and client, not to mention potential witness. During a rare disagreement about educational decisions regarding our children, my ex-wife's new husband contacted me, and continued to do so despite being asked to refrain from contacting me twice as he was not a party to the mediation agreement, or any other event thereafter. This digressed, and his final communication was that he would file suit if I continued to contact my ex-wife, which is an impossibility given our custody sharing responsibilities. I have come up blank on searches relating to such situations, which have been further complicated due to my multiple roles in the situation. I also do not believe that he 1) has a valid cause of action and 2) legal standing to approach me in court. Looking over the recorded history Criminal Harassment is a no-brainer as he continued to contact me after repeated requests that he stop, and he acted aggressively and off-topic. I feel that there is something else there though relating to threatening me either for my role as an attorney or a party to an ongoing legal action. Also I am unsure if such a threat can be considered an actual threat if it is a legal impossibility. My final concern is potential impact on the children as we strive to keep it friendly. If anyone out there could lend some advice or direction it would be greatly appreciated. Many thanks and enjoy the long weekend.
  8. Good evening, I couldn't fine one of my rear property markers and my neighbor hit the marker on the other end of that line with his plow truck. I wanted to hire someone to reset the one marker my neighbor hit and then mark the one I couldn't find in the woods on the line between my land and my neighbor's land. Then I intended on building an arbor fence on the front corner and putting a fence post on the back corner just to mark my land. I found and hired a licensed land surveyor to reset the property marker and find the back corner in the woods. We agreed what work was going to be done, and how much it would cost via e-mail. He said it should take 1-2 visits to get the job done. Since this agreement the survey company has been to my home 3 times and claims the stake they put in is wrong, but more money could fix this problem... My contact said he could do the job in a day since it's only one property line if he could find the markers, if he couldn't find the markers it would take two days. I knew where 3 of 4 markers were so I showed him where those markers are. He found where the rest of the marker that was hit by the plow truck in about 5 minutes, and then walked around in the woods looking for the other corner marker for about 2 hours, and then left for the day... although he said he would research the deed and plot plan before coming out. I was a little bumbed out because if he has to come back it would cost me another $300, but I saw that one coming, so I wasn't too upset about the two day thing. They come back out, but this time it was two different guys. They looked at the street markers, and then proceeded to walk around in the woods with their equipment this time, sort of like the other guys did. Before this went on too long, I went out and showed them where the other rear marker was to help them out. They told me "this makes sense mathematically"... and then were still unable to stake the corner they came out for. Then they came out later that week and put a stake in the ground within about 20 minutes. They showed me where the stake was as agreed, and then told me that it was incorrect and that I should not to use it or start building my fence. This was the third visit. After that third visit I get an e-mail from my contact at this company, he says that "They're way over budget and any extra money I could throw their way would be appreciated". Needless to say I was taken back, and I feel like they're basically trying to extort me by saying the stake is off 4.5 feet in the rear. I asserted myself and said that we had an agreement and they need to honor it. My contact has been difficult to work with since he got that first deposit into his pocket. He's tried to complicate the matter with technical jargin, said there is a discrepencey between the deed and the plot plan. He said that the original survey was wrong and now "decisions have to be made" whatever that means. We agreed that he would give me notice so that I could take the day off and be there when he puts the stake in so that I know where it is since my land is a dense New England forest. He's given me short notice each time he comes back out, but my employer is flexible and let me have the days I needed on short notice. I feel like this guy is trying to rip me off and I don't trust him at this point. The good thing is he put it all in writing, so it's all clearly documented. I found one review online, the person who wrote the review had a similar experience with this company. I started doing my homework on what a survey actually is and how it should be done and I feel that this guy is most likely pulling my chain and or incompetent. I also found rules and a code of conduct for licensed surveyors in NH, which this company is, and none of them have been followed. All I paid him is a little over $300 but I've taken three days off, bought lumber for an arbor fence that has since warped because it's been a month and a half so far since they started. I want to fire him, take him to small claims court to get my money back, get the now warped lumber paid for, and possibly get reimbursed for the paid time off I wasted dealing with this extortionist. I've kept all the e-mails and communication between us. Do you guys think I have a small claims court case??? Thanks, Frustrated guy in NH.
  9. So, my ex husband's company closed. His support payments were being taken directly out of his paycheck. He basically TOLD me that he lost his job....our daughter graduated (she's going to college in the fall!) and when he does find another job, it won't be nearly as much as he was making before so he shouldn't have to pay. WHY? This money was necessary for me to live! Now I'm not able to pay even household expenses while he's collecting unemployment AND I've heard he's working under the table at home! PLEASE help! We still have a 15 year old son!
  10. Good evening, I live in Londonderry, NH. I have two questions based on things I've heard. I heard there is a law that allows someone who uses or maintains someone elses land for a period of time to take legal ownership of it. 1) Is this true and if so what are the details?? I moved to my home in 2010 and my neighbor has been here since 1993. In the spring of 2011 I went looking for my property boundries. I found two markers near the street, both of them were ripped out and just sitting on the ground. My neighbor told me that he accidentially hit them with his plow truck. I walked up and down the street, every marker on the street has been hit/disturbed. It's as small street and I know this guy has been voluntarily maintaining the snow. I went looking for documentation as to where the property lines are and I found some aerial photos that show his garbage cans and some of his junk is on my land. I asked him if he knew where the line was and he told me something completely inaccurate, so I know I can't trust the guy. I don't want to start a feud but I also won't allow this guy to steal my land if it's possible. 2) If there is a law that allows someone else to steal land, I want to know if I should prioritize getting my land surveyed? If this guy can take legal ownership of my land, I want to do something before it's too late. I thought to have the local police issue a no trespass order that way if he tries to say he's been using my land he'll be in violation of the no trespass order. Any ideas or advise is welcome. Thanks in advance, A concerned NH resident.
  11. This is a problem I had many moons ago when I lived in New Hampshire, but it has always irked me. Back then (in my younger and stupider days) I got arrested for DUI - 2nd Offense. I ended up pleading guilty, and got a 3 year license loss, and had to successfully complete their 7 day Multiple Offender Program in order to get my license back. In that program you don't just go and pass it, but rather they can stipulate aftercare, such as counseling and/or AA, until someone determines that you are at a low risk to recidivate. I did all this. However, there was also an implied consent violation that got put on me from the NH DMV, since they said I refused the test. That is a 2 year administrative license loss, but according to New Hampshire law that suspension can't run concurrently with any other (RSA 265:92 II) After the 3 year license loss, I tried to make a case to get my license back, based on double jeopardy, and that RSA 265:92 II was unconstitutional as-applied towards me. Since I didnt have money for an attorney, I don't think the Courts took me seriously, and of course I lost, and ended up having to wait 5 years to get my license back. Since then I have learned my lesson, and always take care to take a cab if I am going to have anything to drink at all. My premise was that the consecutive-based 2 year implient consent suspension didn't serve any remedial purpose, since I had already served a 3 year license loss, AND that I couldn't get back my license anyways unless somebody said I was at a low likelihood to recidivate. That in essence it was a second criminal punishment. Just wondering if any legal professionals thought I had a good case, and that perhaps (if so) that somebody in New Hampshire could benefit from something I found to be brutally unfair. Thanks, David
  12. Hello, Yesterday I had an accident in the kitchen at home, causing me to lose the very tip of my finger. The doctor gave me a note saying I can return to work after 2 days and 10 days no heavy lifitng. My employer told me that I am not allowed to return to work until my doctor gives me a note saying I've reached "maximum medical healing". Obtaining this note would cause me to miss significant time. My question is, is this practice legal? Doesn't this violate my right to work? I'm not sure if it makes a difference but I work in New Hampshire. Thanks
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