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Massachusetts Questions & Answers
1 Answer | Asked in Consumer Law for Massachusetts on
Q: I've been served papers re a credit card debt by mail with no date of service. Wondering how to calculate the 20 days.

I'm also confused about how to properly file the answer. I would appreciate some direction. Thank you.

Christopher Tolley
Christopher Tolley answered on Sep 7, 2021

What is the date of the complaint you received? I would count the 20 days from that date. Your answer should contain numbered paragraphs corresponding to the numbered paragraphs of the complaint. You should also insert any affirmative defenses, such as, this is not my debt, I paid this in full,... Read more »

3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Robert Simonian
Robert Simonian answered on Sep 7, 2021

The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There... Read more »

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1 Answer | Asked in Criminal Law for Massachusetts on
Q: Criminal

I went to New Bedford District Court on August 24, 2021 and my Court appointed lawyer with Craig Fries, and I was totally blindsided by him because right before the judge called me,, my lawyer came up to me and said the da and me agreed to 6 months drug screens continued without a finding and then... Read more »

Kim Carnevale
Kim Carnevale answered on Sep 4, 2021

If Probation has issued a warrant for you, then, as you probably know, you can be arrested on that warrant at any time and possibly held on bail pending any Violation of Probation hearing.

Many lawyers offer free consultations and may help you decide what your options are and see if you...
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2 Answers | Asked in Criminal Law and Domestic Violence for Massachusetts on
Q: Can you assist me in sealing my record?
Joseph B. Simons
Joseph B. Simons answered on Sep 4, 2021

If the case ended with a dismissal, you can petition the court anytime. If it was a conviction, you need to wait 3 years for a misdemeanor or 7 years for a felony. I do a lot of petitions to seal, so feel free to call if you have any questions: 781-797-0555.

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1 Answer | Asked in Child Support for Massachusetts on
Q: Can my child support be modified if my income hasn’t changed?

My child support was modified to increase and I never received a court hearing notice nor has my income changed.

Brian Waller
Brian Waller answered on Sep 3, 2021

You should first contact the Department of Revenue Child Support Enforcement Division and have them review your account. Sometimes if there is an arrears balance the amount changes. If you have no arrears, it is possible that the timing of the payments got off track somewhere and they needed to... Read more »

1 Answer | Asked in Child Custody, Child Support, Civil Rights and Probate for Massachusetts on
Q: What do I do if I’m paying child support and being denied visitation rights to my daughter
Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 3, 2021

If you have a visitation order or a Judgment that states the terms of visitation and are being denied visitation , then there appear to be grounds for a Contempt action unless there is something happening which is inimical to the child's best interests in which case the custodial parent... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Massachusetts on
Q: am I entitled to half our house if bought 5 months before wedding?

We have been a couple for 20 years, married 14 years. We lived together for 5 years prior to buying a house 5 months before our wedding. The house was initially in his name because he had better credit at the time. We refinanced recently and I am secondary on the mortgage. Am I entitled to half?

Anthony C. Adamopoulos
Anthony C. Adamopoulos answered on Aug 26, 2021

Maybe, it depends on all of the factors surrounding your divorce and living together prior to marriage. The Judge must consider about 15 factors then decide what an equitable division of all the assets would be.

You want to consult with an experience divorce attorney who will review the...
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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Real Estate attorney had me sign quitclaim and contract selling properties to my ex, have not received docs with his sig

Met with Real Estate attorney Thursday morning to sign 2 quitclaim deeds and a contract selling my share of joint properties over to my ex husband... He told me not to cash any checks, he would be meeting with my ex to get his signatures later that day, and would send me all signed documents that... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 23, 2021

Usually attorneys have clients execute documents and then hold the documents while awaiting checks to be received such as checks from mortgage companies funding refinances for example.

1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts, are legal set-offs allowed for settling loan from the estate prior to filing for voluntary probate?

A Massachusetts parent provides an unsecured loan to one son, the remaining principle of which is more than the voluntary probate estate value ceiling of $25K. The other son is executor. The parent's will specifies that the remaining loan should be subtracted from the debtor son's share... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 20, 2021

Your question has many components and demonstrates the need of advice of counsel! Little information is given as to whether this was a promissory note or not , nor when the decedents died in relationship to each other. Masshealth may also have a lien.

1 Answer | Asked in Criminal Law for Massachusetts on
Q: Do any lawyers just offer consults for a flat fee out there? TY
Joseph B. Simons
Joseph B. Simons answered on Aug 20, 2021

Yes, there are a fair amount of us who offer flat fee consultations.

1 Answer | Asked in Personal Injury for Massachusetts on
Q: Good morning. why am I unable to find representation on an assault case? as a plaintiff.

seems as though lawyers only want to handle cases involving corporations or insurance and ignore those who need a lawyer for a person vs person case.

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 19, 2021

If the assaulting individual is not insured which is often the case as insurance coverage usually excludes willful acts and the assaulting person unless seriously mentally ill is acting willfully when assaulting another. Lawyers need to make a living like everyone else and unless the individual... Read more »

1 Answer | Asked in Divorce and Family Law for Massachusetts on
Q: Can I get a lawyer for my 13 year old daughter concerning child custody and her not wanting to see her father?
Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 17, 2021

Your counsel can file a Motion requesting the appointment of counsel for the child. The Court may also determine to appoint a Guardian Ad Litem to investigate and report to the Court concerning the best interests of the child in custody and visitation matters.

2 Answers | Asked in Trademark for Massachusetts on
Q: We have a product we call RhinoTab M1. We have RhinoTab trademarked but is there an issue using M1?

I see a bunch of M1 trademarks but cannot tell if there would be an issue on this specific case.

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 16, 2021

Depends on whether somebody else has it registered or how it is used in your mark

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1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can the keys to my new apartment be withheld over broker fee even though a disclosure wasn’t signed at first meeting?

I signed a lease for an apartment in the state of Massachusetts and I paid first months rent and the security deposit as that is all the lease said to pay. This check has already been cashed by the landlord. The broker is now saying I owe them one months rent in fees and that I cannot move in until... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 13, 2021

It sounds like the realtor is interfering with the lease. You should contact a consumer protection and landlord tenant attorney to address this!

1 Answer | Asked in Copyright for Massachusetts on
Q: How do i go about trade marking a name ??? What are cost involved in acquiring a trade mark name
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 9, 2021

You need to consult with an attorney and understand your options

1 Answer | Asked in Divorce for Massachusetts on
Q: How do I file for divorce if I am only in the USA for five months?

I am german, my husband is american living in PA. I will be in MA in Septmeber on a J1 student visa. Since we seperated in January he has been stalking and threatening me so i want to file for a divorce and restraining order as soon as i get to the US. As i do not meet the residency requirements in... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 5, 2021

If you are being threatened- placed in fear of your safety by husband while you are here in Massachusetts you can potentially obtain an abuse protection order from the district court for the location where you are staying seeking restraint that he not contact you and stay away from your home,... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: Opened a home equity loan with a large credit union for 120k on 5-1-2008 Last pymnt made 5-1-2013 how do I clear title

The debt isn't on either credit report anymore  but it is still showing on the title search that quicken has pulled.

Do you have ant idea how we would fix this in order to complete a refinance

We never filed bankruptcy but probably should have

Thanks

Worcester Massachusetts

Robert Simonian
Robert Simonian answered on Jul 30, 2021

It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove... Read more »

2 Answers | Asked in Workers' Compensation for Massachusetts on
Q: I'm on 34A in Massachusetts and my adjuster refuse to pay me is this legal
Michael Levin
Michael Levin answered on Jul 27, 2021

This is a little difficult to answer without a little more context. Generally speaking, 34A benefits could not be stopped without permission to do so from the Dept. of Industrial Accidents. However, there are a few circumstances where they may be permitted to stop. For example, if you settled... Read more »

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Husband filed to remove conditions I want a divorce. Can he get alimony from me?
Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

I assume your husband is the immigrant. He can have the conditions of his LPR status removed on his own by filing a waiver of the joint filing requirement. He can request alimony in a dissolution proceeding and he can request the affidavit of support be enforced.

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