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Massachusetts Questions & Answers
1 Answer | Asked in Immigration Law for Massachusetts on
Q: I filed an i130 for my French husband in March, still waiting wondering if there is anyway he can stay in the Us

We wanted to know if there is anyway he can stay in the US while this is pending. He travels back and forth for 3 months at a time but it’s becoming costly at this point. We are also planning our big family wedding in June since when we got married in jan of 2022 it was during Covid.

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

Filing only the I-130 petition for your husband will not be enough for him to remain in the United States while the petition is pending. To allow him to stay, you must also file an I-485 application for adjustment of status.

If you are a U.S. citizen, filing the I-485 application for...
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1 Answer | Asked in Child Support for Massachusetts on
Q: My adult child is making 30k a year. I’m my divorce decree full time employment constitutes emancipation. Help

None of my support goes to kid. Wife states kid pays for stuff because she works. Then why am I still paying ???

Brian Waller
Brian Waller
answered on Jan 30, 2023

You can file a Complaint for Modification and ask that your child support be terminated by the court. If you believe it should be terminated, you should file as soon as possible because a judge can only order it to be adjusted retroactively as far back as there is a pending Complaint for... Read more »

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

1 Answer | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: I have a question I would like to know what is my rights of living in an apartment building. Under Section 8. I am an I

I have a tenant that live above me that have two kids in there and they're very noisy and I could understand that kids can be kids but they're not even trying to calm them down even with the dog dropping things and all kinds of stuff I am 62 years old and I don't need the extra... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 26, 2023

This sounds like a Landlord Tenant issue and you should review your Section 8 agreement with the Housing Entity you have before proceeding toward eviction.

1 Answer | Asked in Divorce and Tax Law for Massachusetts on
Q: Divorce is final on 3/28 in Ma. We filed married but separate on taxes last year. Does that change my tax info for 2023?

My ex and i were married, in massachusetts, for five years. 2022 we decided to file our taxes "married filing separate." With the divorce final on 3/28/2023, would i still have to give my ex half my tax return? Does the divorce mean i should consult a tax specialist to file my taxes for me?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jan 23, 2023

The method of filing and the disposition of refunds or monies owed to tax authorities is usually dealt with in the body of the Separation Agreement. You should review the document preferably with the attorney who represented you on this issue.

1 Answer | Asked in Consumer Law and Construction Law for Massachusetts on
Q: 780 CMR Sec 105.1 recently amended w/ stipulation all unpermitted work must be removed? Can you provide actual wording?

Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.

Christopher Tolley
Christopher Tolley
answered on Jan 17, 2023

It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download

780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.

1 Answer | Asked in Traffic Tickets for Massachusetts on
Q: I got pulled over in MA, should I get an attorney?

-Unlicensed operation of MV

-Uninsured MV

-Registration suspended

Lissa McKinney
Lissa McKinney
answered on Jan 16, 2023

Chances are you will end up better off with an attorney. You are charged with criminal motor vehicle ofenses, as indicated on the citation. Be sure to keep a copy of the citation and send it in for a hearing within the times designated on the ticket. Do it sooner than later, so a blizzard doesnt... Read more »

1 Answer | Asked in Wrongful Death for Massachusetts on
Q: My father was killed as a passenger in an auto accident I would like to get a lawyer to sue the driver?
Michael O. Smith
Michael O. Smith
answered on Jan 11, 2023

I strongly suggest you speak with an experienced wrongful death lawyer in your area to see if you have a viable claim. First, an administration of your Father's estate will need to be set up and I am assuming you would be the appointed as the administrator. In order to bring a claim for... Read more »

1 Answer | Asked in Family Law and Adoption for Massachusetts on
Q: I was adopted at 15 years old do I have any legal claims against my biological mother's estate
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 11, 2023

You very well may however some laws vary from state to state (jurisdiction to jurisdiction) and I would recommend that you contact a probate lawyer in your state to discuss this further. Good luck.

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can I withhold my broker's fee payment?

The home my broker found us has delayed our move-in date multiple times as they haven't gotten their BFD inspection. This possibility of delay was a clause in the lease and I was nervous about it but my broker told me that they only really put that clause in 'in case of natural disaster... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 10, 2023

If the possibility of delay was written into the lease there would be an argument that you assumed the risk of delay and therefore have no recourse for your losses due to the delay. You should examine any separate contract you may have with the broker as to whether and how his fee is earned. Maybe... Read more »

1 Answer | Asked in Child Custody for Massachusetts on
Q: I have sole custody of my 7 year old. During a visit with his dad, his dad got him vaccinated without my permission

I was never married to my sons father, and then he moved to a different country. He visits twice a year for a few weeks. He was here over Christmas this year, and I had the flu, so he offered to take my son to his annual physical. While he was there he got him vaccinated for covid, against my... Read more »

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Either parent may consent to the vaccination of a minor.

Theoretically, you can petition the court with jurisdiction over your custody case for the sole right to make decisions for the non-emergency medical treatment of your child. However, your refusal to allow routine vaccinations like...
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1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: am i still entitled to workers comp after 6 months?

i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next

Michael Levin
PREMIUM
Michael Levin
answered on Jan 8, 2023

The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of... Read more »

1 Answer | Asked in Car Accidents for Massachusetts on
Q: My daughter rear ended a vehicle going 5 mph.The car she hit had a tow bar extended from the back of the car.liability??

Can u drive with a tow bar when not towing?legality issue?

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Massachusetts attorney could advise best, but your question remains open for five weeks. Until you are able to consult with a local attorney about specific vehicle & traffic law as to legality, your daughter or her attorney should still consider raising the issue of such a device being a... Read more »

1 Answer | Asked in Banking for Massachusetts on
Q: Who or what type of law do I need for chase bank reporting my payment late without viable legal warrant. Who do I call?

Submitted a car payment to Chase Manhattan bank the same way I had previously got a confirmation receipt cheat code never was notified by Chase that the payment wasn’t received or did not go through so the next month I made the payment the same way and at that point was notified of the issues... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 4, 2023

If I understand correctly, you have made payments and submitted documentary evidence but Chase refuses to credit the payments to your account. Try contacting the Massachusetts Attorney General's consumer assistance division.... Read more »

2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: What are my options when trying to remove myself from house deed?

My brother and I, inherited house. My brother has lived in the house for 3 years and not helping with property tax and yet to file yearly taxes, as he is the authorized rep of the estate. My name is on the house deed. How can I remove myself from any obligations as I am no longer financial able to... Read more »

Christopher Tolley
Christopher Tolley
answered on Jan 3, 2023

Contact your brother and advise him you no longer wish to own the property. Hire a lawyer to prepare a deed of your interest in the house to your brother. Ensure your brother agrees to accept a deed to the property. Have the lawyer record the deed with your brother's assent so that when the... Read more »

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1 Answer | Asked in Family Law and Probate for Massachusetts on
Q: My brother has filed for Informal probate of my Mom's Will without giving me a copy of the Will. Do I need a lawyer?

He is not trustworthy due to things he's done through the years. He is named as the PR in her Will only because he bullied her into it and is the oldest. I do know that she tried to make her Will specific and made sure that her estate would be divided equally between her four children

Joshua H. Bearce
PREMIUM
Joshua H. Bearce
answered on Dec 28, 2022

If your brother filed an informal probate, then he had to file a copy of your mother's Last Will and Testament. You can request to see a copy of your mother's estate case at the Probate and Family Court. This will allow you to see the Last Will and Testament and obtain a copy of it.... Read more »

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Is supplementary process required before requesting wage or bank garnishment?

Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Collecting on a civil judgment in Massachusetts.

I have a civil judgment in Massachusetts. I want to collect on the judgment by a wage or bank account garnishment, I understand I need to do a trustee process. Does that mean I have to file a second complaint (complaint on judgment) and pay court costs service of process fees again?

Do I... Read more »

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

Your can seek a bank account trustee process based on your current judgment. In order to trustee process wages, you have to institute a suit on the judgment.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Massachusetts on
Q: How can the owner of a single family residential house in Massachusetts remove an occupant who refuses to leave?

My friend, as an act of kindness, agreed to let a “friend” stay in his single family residence with him as a guest while she recovered from a surgery. During her stay, her own home was foreclosed on, so he let her stay longer and store her personal belongings at his house until she was able to... Read more »

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

Your friend will have to formally terminate his tenant's occupancy and evict her via a summary process action. I strongly suggest he retain the services of an attorney.

1 Answer | Asked in Copyright for Massachusetts on
Q: Can I copyright a book under a pseudonym without having to give my real name?

I want to copyright my book. But I’ve written it under a pseudonym because I don’t want people know I wrote the book. Is there a way to do this without giving my true information? Maybe get a P.O. Box under the pseudonym?

Steve Charles Vondran
PREMIUM
Steve Charles Vondran PRO label
answered on Dec 17, 2022

Registering copyright for a book written under a pseudonym can be done without using a real name. The copyright registration process involves submitting your work, along with other necessary materials, to the copyright office. When registering copyright under a pseudonym, the copyright form should... Read more »

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