General News

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    Interest on Judgments: How To Get The Most Out of Your Judgment

    ByParnell, Michels & McKay Law Offices Hours

    Recently, our office appeared in front of the New Hampshire Supreme Court to argue on the issue of post-judgment interest. The Case was titled “Estate of Jack Bergquist” and the brief we prepared can be read here. In that case, the creditor obtained a Judgment on the Defendant, and periodic payments were made. Over the course of the next eight (8) years, the Defendant made all of his regularly scheduled payments until his death. Unfortunately, a balance remained on the Judgment, and the creditor claimed not only the amount of the Judgment minus any payments, but the interest accrued since the date the periodic payment order was made. The two main questions to be resolved were whether a Plaintiff is required to request post-judgment interest…

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    Landlord and Tenant Law: Things Landlords Need To Know About Evictions

    ByParnell, Michels & McKay Law Offices Hours

    The most common problem we run into for our clients who are landlords is where a landlord is confused, or not aware of, the strict eviction process required in the State of New Hampshire. They end up attempting to evict a tenant in the wrong way, which causes them to open themselves up to liability to the tenant, their own attorney’s fees, the tenant’s attorney’s fees, and the costs that they did not anticipate. The question is always asked, in the future, how do I avoid this problem? First, it is important to understand the nature of a tenancy. There are three general forms of tenancies that we should start with. The first is when a tenant has a written lease with a landlord for…

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    Used Car Sales In New Hampshire: How To Protect Yourself From Getting Ripped Off

    ByParnell, Michels & McKay Law Offices Hours

    In New Hampshire, we do not have specific “lemon laws” that other states have that protect purchasers of used cars. Often, we get cases in our office where a person buys a used car, pays for it, and then after they drive it home they discover all sorts of problems with it. When they contact the seller, they are told all sales are final, and no reimbursement will be given. This can be very frustrating, especially if you are of limited means and cannot afford a car that will need constant servicing. In order to prevent these issues, it is important to first remember a few key terms. Almost always a used car dealer will sell a vehicle “as is”. By selling a vehicle “as…

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    Landlord/Tenant Law In New Hampshire: Things To Know As A Tenant

    ByParnell, Michels & McKay Law Offices Hours

    Our firm has taken on a wide variety of various landlord/tenant cases, from statutory violations to personal injuries from premises liability cases to preventing a person from unlawfully being ejected from their home, among others. We often find that a lot of tenants are completely unaware of many of the basic rules that apply to them as renters of real estate. One of the biggest is the law as it relates to security deposits. Often, a landlord decides to keep a security deposit unjustifiably, fails to follow the statutory procedure, and ends up unlawfully taking the security deposit of a tenant. RSA 540-A:7 governs the return of security deposit to tenants. Generally, the security deposit must be returned within thirty (30) days from the termination…

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    The Supreme Court Strikes Down Portion of Defense of Marriage Act (DOMA)

    ByParnell, Michels & McKay Law Offices Hours

    In the now-famous case, titled United States v. Windsor, the U.S. Supreme Court examined the 1996 Defense of Marriage Act to decide whether a portion of the act was unconstitutional. Specifically, the U.S. Supreme Court was deciding whether Section 3 of the act, which functionally denied federal benefits for same-sex couples, was constitutional. Ms. Windsor was married to her partner, and when her partner died, she was denied the exemption for spouses under federal law for estate inheritance. She was forced to pay over $300,000.00 in taxes to the federal government under DOMA, and she filed a lawsuit to contest this provision. Over the years, the case wound its way through our Appeals circuits and found its way in front of the Supreme Court. The…

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    The Dangers of Allowing The Legislature To Run The NH Courts: Why You Need To Vote “NO” On Question 2

    ByParnell, Michels & McKay Law Offices Hours

    On November 2nd this year, New Hampshire voters will be asked to vote on whether to give the power of administration of the Courts to the legislature. Here is the language from the proposed statute: “The legislature shall have a concurrent power to regulate the same matters by statute. In the event of a conflict between a statute and a court rule, the statute, if not otherwise contrary to this constitution, shall prevail over the rule.” The New Hampshire Bar Association has come out in complete opposition to the rule, as noted on their website here. There is a significant danger of giving the power of administration over to the Courts to a legislature that does not have the wherewithal nor the knowledge to administer…

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    The Importance of Language In The Law: Paying College Expenses

    ByParnell, Michels & McKay Law Offices Hours

    In a recent decision by the New Hampshire Supreme Court, two ex-spouses argued about whether they had to pay for college expenses. The case, titled In the Matter of Christian Poulin and Rose Marie Poulin Wall, took a hard look at the specific language used in the parties’ Divorce Decree. The language stated, in pertinent part, “The parties agree to contribute to their children’s college education to the extent each party is financially able. The actual contributions shall be determined when each child is near college age.” The mother asked the father to pay 75%, the father refused and attempted to pay a lower number, and this case ensued. The father argued that the agreement lacked specificity, and cited another New Hampshire Supreme Court case,…

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    U.S. Supreme Court Strikes Down Major Provisions of Arizona Immigration Law

    ByParnell, Michels & McKay Law Offices Hours

    Today in a landmark decision, the United States Supreme Court struck down three of the four major portions of Arizona’s immigration law. Arizona passed legislation that, among other things, allowed police to stop people that they had a suspicion could be illegal immigrants, check immigration papers on stops, and demand that all immigrants carry their papers with them at all times. In a 5-3 decision, the Supreme Court struck down three major pieces of the troubled legislation. First, the Court struck down the authorization the legislation gave local authorities to arrest alleged immigrants where “probable cause” exists that they are in the country illegally. This was a major piece of the legislation that garnered opposition at it seemed to give local authorities the power to…

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    New Hampshire House of Representatives and Courts Battle Over New Centralized Court System

    ByParnell, Michels & McKay Law Offices Hours

    As reported in the Concord Monitor on May 13th, the New Hampshire Legislature has proposed new legislation that will undue the centralized management that has been put in place in the New Hampshire Court systems over the past year. The proposal will not undue the newly implemented circuit court system, but it will eliminate the centralized management that is running the administrative side of New Hampshire’s courts presently. House Speaker O’Brien has indicated that they have received complaints from Judge’s about their inability manage courthouse staff under the new system. He has also indicated that police prosecutors have complained about the Judge’s in place are no longer familiar with their communities. These concerns resulted in the proposal being submitted on Friday to undue the centralized…

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    Unbundled Services: How A Greater Portion of The Population Has Gained Access To Legal Services

    ByParnell, Michels & McKay Law Offices Hours

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