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Maine Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord options if they miss required window to notify tenant of increase in rent

As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... Read more »

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2023

It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine on
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
Daniel J. Eccher
answered on Jan 19, 2023

The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maine on
Q: Can I move and get a firearm in another state if there is an active PFA against me in this state?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Jan 12, 2023

If you have an active PFA that does not allow possession of a firearm, or has certain elements of threats or violence, then you cannot possess a firearm under federal law in any state.

1 Answer | Asked in Probate for Maine on
Q: Sister signed sale paperwork on 1/8 stating my kids and I will vacate the premises by 1/27, am I entitled to more time?

Went to court 12/13/22 for a petition I filed to have my sister removed as personal representative of my dad's estate due to some mishandling of things and the judge decided on a supervised administration with a realtor and for us all to work in good faith with them to sell the home, including... Read more »

Carl T Williams
Carl T Williams
answered on Jan 10, 2023

You may be able to obtain an extension of time depending on provisions set forth in the agreement you executed. I would need to review the specific provisions set forth in the agreement and applicable court orders.

1 Answer | Asked in Criminal Law for Maine on
Q: How do I file assault and child endangerment charges?

May 9, 2022, ex-wife came to pick up daughter, outraged over being an hour late due to road closures, and while I was holding the handle of the rear passenger door saying goodbye to my daughter, my ex-wife sped off with the door open and me still hanging on. My daughter was scared, as was I. I went... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Dec 27, 2022

You need to contact the police to file a report. Once the police complete the investigation, the reports will be sent to the District Attorney to make a charging decision.

3 Answers | Asked in Bankruptcy, Consumer Law, Tax Law and Arbitration / Mediation Law for Maine on
Q: Q: File bankruptcy or hire a debt company like freedomdebtrelief (d0t) com? Unemployed, 61yrs w/~54k in cc debt.

Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 19, 2022

I've had several clients tell me that they've tried "debt relief" companies, but none were happy with the results (if any).

The going rate for a Chapter 7 bankruptcy filing, for attorneys fees plus court costs, is about $2,000, for a simple, straightforward case....
Read more »

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1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
Hunter J Tzovarras
answered on Dec 1, 2022

I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

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1 Answer | Asked in Contracts for Maine on
Q: What if the realtor forgot to put in the contract a contingency addendum that the seller needs to find a home first.

The seller told the realtor for the buyer that there was a mistake made. The buyers realtor stated that they were sorry for the mix up but they were going to force a closing date.

Fred Bopp III
Fred Bopp III
answered on Nov 15, 2022

Then it is not part of the contract.

1 Answer | Asked in Bankruptcy and Collections for Maine on
Q: Can a debt collector leave a detailed voicemail on someone else’s phone, who is not a family member or spouse?

The debt collector said “this message is for *my name* if this isn’t *my name* please disconnect.” However, you can see the full message with visual voicemail and who would actually stop listening to a voicemail left on their phone. Then they stated their name, that they are attempting to... Read more »

Timothy Denison
Timothy Denison
answered on Nov 11, 2022

No. They cannot.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Maine on
Q: How long can they hold you in a dry tank inside the county jail in New Hampshire?

My wife was picked up on tuesday. Today is now Saturday. Her warrant was out of York county maine, but she was picked up in Stratford county New Hampshire. They have held her inside a dry tank I'm assuming because they thought she must have been trying to smuggle something in. She has not been... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 29, 2022

Since she was arrested and being held in a NH jail, NH's rules of procedure and extradition will apply. You will want to consult with a NH lawyer for these questions. I'm only licensed to practice in Maine. In Maine, a person arrested is required to appear before the Court within 48 hours... Read more »

1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Maine on
Q: Do I have a right to move into a vacant home that I’m half owner of to protect it while waiting for probate to end?

I inherited a house 50/50 with my sister. She’s agreed to sell me her share but won’t allow me to move in even though I own half of it and the house is empty. She has her own house. It’s doubtful the case will go to probate and someone needs to watch the house and protect it from break ins as... Read more »

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 20, 2022

You should hire a lawyer to advise you about this situation.

Based on what you have said, it appears as if title to the house rests with the estate. Therefore, no one has a right to occupy the property until and unless it is deeded to them.

You should be able to negotiate a lease...
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1 Answer | Asked in Criminal Law and Constitutional Law for Maine on
Q: I believe my 4th amendment rights were violated as a result of an unlawful search & seizure

Police responded to a civil complaint re: an aggressive dog...they left complainant’s property, entered mine & saw no dog, nor person or vehicle (I was out with said dog(s). Officers then approached domicile & claimed to see ‘evidence of firearms in plain view’...one officer was the... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Oct 1, 2022

Any search of the home would require a search warrant supported by probable cause, unless you provided consent to search the home. There may also be a 4th Amendment issue as to whether the police could enter your property to be in the location of where they claim they saw the firearm. Law... Read more »

1 Answer | Asked in Criminal Law for Maine on
Q: When leaving a Casino I saw some money was left on an ATM ( 250.00) I took it assuming lost money.

Two months late someone else I know is being questioned in taking it. Should I do nothing unless I get subpoenaed

Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 29, 2022

You should not talk with law enforcement or anyone related to this investigation. If law enforcement asks to speak with you about it, you should politely let them know you do not wish to talk with them. This will not be held against you; anything you say to them can be used as evidence. Thanks

1 Answer | Asked in Criminal Law for Maine on
Q: Can I get my firearm back after being charged with possession by a prohibited person for assumption of drugs?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Sep 5, 2022

You can have the firearm returned once the case is over, if the case ends with the charge dismissed or you are found not guilty, and not otherwise prohibited from possessing a firearm.

1 Answer | Asked in Criminal Law for Maine on
Q: Hi I have been charged with theft class e crime. I just refused to pay for the sandwich which I didn’t like as it wasbad

Will the judge drop the charges?

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 30, 2022

The Judge cannot drop the charge because it is up to the District Attorney what charge to bring and whether to drop it or not.

You could have a trial on the charge with the Judge and if the Judge finds the District Attorney has not proven beyond a reasonable doubt you committed the charge...
Read more »

1 Answer | Asked in Criminal Law and Sexual Harassment for Maine on
Q: If i expose myself in new Hampshire, can I be arrested in Maine?
Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 27, 2022

If New Hampshire obtained an arrest warrant, you can be arrested in Maine on the warrant. The warrant would have to be extraditable in order to have you brought back to New Hampshire for the charge.

1 Answer | Asked in Criminal Law for Maine on
Q: I have 14 year old fta bench warrant for class c drug theft (which I did not commit). How can i clear it up without jail

I was charged 2008 with stealing drugs(I did purchase them, but did not steal them) while homeless. I missed two court hearings due to not receiving notice of changed/new dates(homelessness is like that). So twice I was arrested and had to post over $1500. combined bond that ended up forfeit... Read more »

Hunter J Tzovarras
Hunter J Tzovarras
answered on Aug 16, 2022

If there is a bail set on the warrant now, you can turn yourself in and post the current bail amount and be released. You may also be able to negotiate withdrawing the warrant and posting a bail with the DA's office. I'd recommend contacting your previous lawyer on this matter, or hiring... Read more »

2 Answers | Asked in Family Law and Immigration Law for Maine on
Q: IS the lawyer thought's right? Why the immigration will ask us for other docs if they're gonna deny it?

Our mom was approved for a green card at 2016. At the same time we(her children) were approved too even if we were in Africa at 2016. We started the process to move from Africa to Usa. And finally at 2018, we got a visa type YY to travel to USA. In 2020, We started the process to get our green... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Aug 2, 2022

I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... Read more »

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1 Answer | Asked in Bankruptcy for Maine on
Q: I have 7 months left on my bankruptcy. I recieved an email saying it is getting changed to 21 months

The email stated " apparently the unsecured claims add up to more than what the plan provides, and they just realized it. In addition, there is also not sufficient funds to pay our fees to date. We will need to do an amended plan to get things paid as needed. With the additional claims/fees... Read more »

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

It is both normal and legal and happens all the time. Plan payments are routinely amended every day across the country.

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