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notrespassing

No Trespassing

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I live in New Hampshire and my landlord (whom is also my dad) got an attorney to serve my fiance a no trespassing order. It was not served by a sherriff or a police officer. I have been through an eviction before, and anytime papers were served it went through the court and a sherriff served them to me. I don't really understand how this is legeal? I don't know the laws in New Hampshire and the No trespasssing laws. Is this

legeal for an attorney to do this, and how do the laws work for no trespassing in New

Hampshire? It just seems that something like this should have to go through the court.

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Service of process is method of providing notice to another party regarding a lawsuit or some other legal proceeding. Notice consists of a copy of the complaint and a summons to appear in

court. If a party does not receive notice of a lawsuit, the court will

dismiss the case. (LawBrain wiki)

Attorneys generally are empowered with the legal right to serve papers. Frequently, attorneys will hire process servers to complete the service of process. New Hampshire civil procedure rules will determine what steps are appropriate for service of process.

Are you referring to a civil or criminal trespass? Section 635:2 governs criminal trespass in New Hampshire and should be a good start to your research.

You may want to schedule a free consultation with New Hampshire attorneys. Good luck.

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If you're a tenant, you're entitled to have guests; the fact that your father chose to have an attorney "serve" her with the formal request to stay off his property isn't meaningful or less effective than a sheriff or court. This isn't an "eviction" as such if your fiancee isn't on the lease and your lease has you agreeing that you'll be the only resident/occupant without landlord's consent (though I doubt your father ensured such a lease was in place).

You'd need to file a petition against your father in the local landlord-tenant court to address/ask the court to clarify to your father that he's not entitled to tell you who you may or may not have living on the property, and to deal with it in terms of a termination of tenancy if he doesn't want your fiancee living with you. Of course, if you don't have a long-term lease in effect, dad is free to terminate your tenancy given proper notice.

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