Archives for August 2015

How to Start the Divorce Process: 3 Options

Written by LRS Attorney Panelist, Katherine Morneau.

Divorce ScrabbleWe often get asked how to start the divorce process and there are three ways in New Hampshire.  An experienced attorney will be able to evaluate which one is best for you.

Option One: Collaborative Law

The collaborative process is a comprehensive approach to the divorce process.  It allows you to work with your spouse to come up with a mutually beneficial plan to dissolve the relationship.  With the assistance of a Financial Neutral and Coach you will have a full team of professionals to help each step of the way.  This process is confidential and avoids the need to go to Court.  At the end of the day, you will have a full agreement that addresses how you will each spend time with the children and secure your financial future.

Option Two:  Mediation

Mediation is recommended by Judges and many times required before you are allowed a Hearing.  In mediation you can go with or without an attorney to sit down with a neutral mediator to resolve each piece of your case.  The Court can appoint a mediator for you and your spouse or you can privately hire one.  We know some really great mediators and would be happy to recommend one that would be a good fit for you.  This process can also avoid appearing in Court.

Option Three:  Litigation

Litigation is often a last choice if either of the two options above are not successful.  The process starts by filing a Petition for Divorce with the Court.  There will be certain financial documents that you will have to exchange with each other.  This could be a lengthy process and guidance of an experienced attorney is essential to protecting your rights.

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Attorney Katherine Morneau is just one of the many talented and experienced attorneys you could be referred to through the Lawyer Referral Service of the New Hampshire Bar Association. Call us at 603-229-0002 or request a referral online.  We are here to help!

Photo credit – Cordell and Cordell, Flickr Creative Commons

 

Consumer Protection Overview

No Credit Needed signNew Hampshire’s primary consumer protection law, “Regulation of Business Practices for Consumer Protection,” is commonly known as the Consumer Protection Act (RSA 358-A).   The New Hampshire Consumer Protection Act prohibits the use of any unfair or deceptive act or practice or any unfair method of competition in trade or commerce in New Hampshire. The state law specifically identifies the following practices as unfair or deceptive:

  • Claiming that goods are new or original when they are used, secondhand, deteriorated, reconditioned or altered.
  • Claiming that goods or services have certain characteristics, ingredients, uses, benefits or qualities, or certain sponsorship or approval when they really do not have such, or that a person has a certain sponsorship, approval, status, affiliation or connection that he or she really does not have.
  • Falsifying the place of origin of goods or services.
  • Passing off goods or services as someone else’s.
  • Disparaging another business’ goods or services by false or misleading statements.
  • Advertising goods or services with the intent not to sell them as advertised or failing to have a reasonable supply of goods or services provided on hand (unless the advertisement specifically says that quantities are limited).
  • Making false or misleading statements about the existence of, reasons for, or amount of price reductions.
  • Conducting “going out of business sales” which last more than 60 days or which are held more than once every two years by the same owners of the business.
  • Selling gift certificates for $100.00 or less that have expiration dates. (This does not apply to gift certificates or coupons that are given away.)
  • Dormancy fees, latency fees, or any other administrative fees or service charges that have the effect of reducing the total amount for which the holder may redeem a gift certificate are prohibited. (Does not apply to season passes.)

The above list provides examples of deceptive acts and is not an exhaustive list. In addition, some entities are “exempt” from the jurisdiction of the state court regarding consumer protection statutes violations so complaints must be filed with the entities regulating agency. For example, mortgage servicers are regulated by the NH Banking Department, so any complaint against a mortgage servicer regarding violation of NH Consumer Protection statute must be filed with the NH Banking Department.

How to file a Complaint in NH Courts

If you feel a business has violated the Consumer Protection Act, you may file a lawsuit seeking damages in NH state courts. If the court finds a violation, you may be entitled to an award for actual damages, statutory damages of $1,000 and payment of your attorney’s fees. If the court finds a violation was willful, you may be entitled to double or treble damages.

How to file a Complaint with Attorney General’s Office

Alternatively, or in addition to a state court complaint, you may file a complaint with the Attorney General’s office. Complaints are read and reviewed in the order in which they are received by the Consumer Protection and Antitrust Bureau. The bureau responds to complaints as quickly as possible. Information about how to file a complaint and the complaint review process can be found here.  If the bureau initiates an action against the business, it initiates the investigation and complaint on its own behalf and not as your attorney.

Additional Information

The New Hampshire Attorney General’s office provides a Consumer Sourcebook as a comprehensive guide with useful links to the following:

  • General information about the laws that apply to a variety of consumer transactions.
  • Examples of how the law might apply to a situation.
  • Points to keep in mind if you find yourself in a variety of circumstances.
  • Ideas for where to turn for more help.

NH Debt Collection Law

Debt collection practices in New Hampshire are governed by both state statute and federal law: The New Hampshire’s Unfair, Deceptive or Unreasonable Collection Practices Act (RSA 358-C); and the federal Fair Debt Collection Practices Act (15 U.S.C. § 1692-1695.)

Both are designed to instruct debt collectors as well as consumers as to the limits of collection practices, while protecting consumers from abusive debt collection practices. The laws are also in place to provide consumers an avenue for recourse in disputing a claim.

Both the state statute and federal act provide illustrative examples, and expressly allow consumers to sue debt collectors for violations of pertinent statutory provisions.

Under the FDCPA, a debt collector must always:

  • Identify themselves and notify the consumer that any information obtained will be used to effect collection of the debt.
  • Give the name and address of the original creditor
  • Notify the consumer of their right to dispute the debt
  • Provide verification of the debt within 30 days of request

If you believe your rights have been violated under any of these laws, consulting with an attorney who regularly handles Consumer Protection cases can make all the difference.  The Lawyer Referral Service of the New Hampshire Bar Association can refer you to the right one, at no cost to you.  Call 603-229-0002 or submit an online request form.

Photo credit Flickr Creative Commonsfrankieleon