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Lucy, Esq.
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I am the treasurer of a condo assoc in NH.The treassurer before

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I am the treasurer of a condo assoc in NH.The treassurer before me was doing the job for about 3 yrs and we do not think he ever paid any fees. I have all the records-what of them there are and can find nothing. We asked him to produce cancelled checks his wife pays them out of her bank account) and he said his bank has chenged or merged and he cannot get old statements.(dont u have to keep check for 7 yrs per theIRS?) We even said we would pay for it. How do I go about using small claims court to collect this debt and what proof do Ineed to support our claim
Submitted: 2 years ago.
Category: Legal
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Customer: replied 2 years ago.
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Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

This site has all of the information you need to file a case in Small Claims Court.
http://www.courts.state.nh.us/district/claims/index.htm

The association will need a copy of the condominium documents, showing that the person agreed to pay a certain amount each month. If you had good association records, showing that everyone else had paid, that would be better. However, since he's the keeper of the records, the judge can actually consider the lack of decent record-keeping (I know, if I were Treasurer, I would make really sure there was a record of my own payments, if nothing else). You can also get copies of blank subpoenas from the clerk of the court and serve them on his bank - you are correct that, even if the bank has merged or been taken over, they will still have old bank statements for at least the last three years. If he really wanted to, he could get the records. If you know the dollar amount that he should be paying, you can also ask the bank to send copies of all checks for that amount, or all checks made payable to the HOA.

If his defense is, "Wait a minute - I paid!" and he has no evidence showing payment, that's not going to work. The judge will also know that he could have gotten copies of the evidence from the bank, if he really wanted to, and will consider that he doesn't have anything.
Customer: replied 2 years ago.
Thanks - do I in the state of NH have the right to subpoena the bank records without telling him(her). How many years back can I go in small claims court and if it is 5 yrs am I out of luck going any further back? Thanks
Expert:  Lucy, Esq. replied 2 years ago.
You have to sue someone before you can get a subpoena, so they're going to know about the suit. When you receive documents in response to the subpoena, you have to give them to the other party.

The statute of limitations in NH is three years for breach of contract. So, you can't collect before that unless he somehow affirmed the debt or promised to pay (such as by making payments on a past-due account). If you think you might be able to show an on-going balance or something like that, then you can request statements going back further. Most banks do keep records for seven years.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19626
Experience: Lawyer
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