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Rhode Island Questions & Answers
1 Answer | Asked in Consumer Law and Small Claims for Rhode Island on
Q: Can a lawyer serve me court papers for a credit card bill 13 years old in ri?

This collection agency has been doing this to me over and over. I'm on disability and can't afford this and I can't handle the stress.

Albin Moser
Albin Moser answered on Sep 21, 2021

Usually you cannot be sued on a credit card debt that is older than ten years. Also, recipients of Social Security Disability are usually not subject to collection. If all you have is disability benefits, then the collection agency or law firm cannot take your money. If you explain that you are on... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Rhode Island on
Q: I own a house with my parents. Jtwros. My husband and i live there with them. We are separating. Can he claim ownership?

We are common law married. We've lived in the house for over 10 years.

Albin Moser
Albin Moser answered on Aug 30, 2021

If you are an owner with your parents in a joint tenancy with rights of survivorship then your husband can claim a right to equitable distribution of some of the equity in the house. That means money. He can’t claim ownership.

1 Answer | Asked in Landlord - Tenant for Rhode Island on
Q: I have a legal document created on July 26. Bottom of letter attests letter was brought to PO July 24.

Would the conflicted dates result in technicality?

Albin Moser
Albin Moser answered on Aug 24, 2021

if the document is a notice and there is a period of time required for notice, then the date the notice was actually sent is going to be important to establish whether or not there was sufficient notice. If there is evidence that the notice was not sent on the date stated, then that evidence can be... Read more »

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.

1 Answer | Asked in Car Accidents for Rhode Island on
Q: i was at a stop sign at a intersec. both lanes stopped to let me cross. a car passed the car on the rh leting me out ?

both lanes of travel stopped to let me out at a 4 way intersection. left to me an to right the other vehicle went into brakedown lane passing 2 stopped vehicles to the right of me on the right side and hit mine. no cars was turning both lanes of travel was stopped letting me cross it is a 2 way... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on Jul 22, 2021

Initially, the auto insurance companies may determine that the other vehicle had the right of way because that's the way they think, but there is Rhode Island case law stating that if the car ahead of you stops for something you have a duty to determine why before proceeding. The fact that... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Q: What do I do if a 16 year old is summoned to a family court but is outta state to attend the court what happens
Neville Bedford
Neville Bedford answered on Jul 20, 2021

Family court is being held remotely now = online. Speak with your attorney to find the login credentials and avoid offending the court.

1 Answer | Asked in Traffic Tickets for Rhode Island on
Q: My 18 yrold got rolling stop sign ticket. Officer put her middle as first and miss spelled mine totally.Could we fight?

How can he see her roll and not even be able to write the correct information that is directly in front of his face?

Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 2, 2021

Yes, you could fight the ticket on a technical basis, however if you go to trial and the office testifies that he stopped your daughter and that your daughter is one who committed the infraction, then the Court will almost always considered this technicality as a non-issue. That said, you should... Read more »

2 Answers | Asked in Trademark for Rhode Island on
Q: Is it legal to be using my name in a trademark store Jerris Apparel?
Carl P. DeLuca
Carl P. DeLuca answered on Jun 30, 2021

Could you clarify that question? I'm not sure what you're asking.

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1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Traffic Tickets for Rhode Island on
Q: If I live in CT & got a ticket in Rhode island. I would like to fight it in court. Do RI or CT laws apply 2 me in court

I have been driving 2 years, I have a clean record, great credit.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 23, 2021

Traffic ticket issued in Rhode Island so you are under the jurisdiction and law of Rhode Island. It is recommended that you contact a Rhode Island traffic ticket attorney to discuss your matter and options----depending on the circumstances, you might be able to hire the RI attorney and he might be... Read more »

1 Answer | Asked in Family Law for Rhode Island on
Q: i have 2yr old twins that have a biological brother they should be able to meet. Can i advocate for them legally?
Neville Bedford
Neville Bedford answered on Jun 8, 2021

A family court lawyer can review the details of your particular situation in confidence and assist you in presenting your case.

2 Answers | Asked in Child Support, Divorce and Family Law for Rhode Island on
Q: My son turns 18 this month in NH while I reside in RI. Ex-wife is claiming to take me to court to extend the support.

My two sons, (18,16) reside with their mother and I pay support for both. Son is turning 18 and she has been advised by the state that his part will be ending. She now wants to take me back to court to ask for more support for our 16 yr old to try and compensate. Can she do this and if so, how much... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on Jun 25, 2021

Unless the child support order that you currently have was separated into two amounts, one for each child, you are going to want it to be modified because that order won't be reduced to an amount appropriate to one child on its own. Either parent can move to modify based on a change of... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Rhode Island on
Q: Which official could I discuss filing a charge of theft, embezzlement against a Rhode Island resident with?

My mother died in 2006 and left $100,000 for my children. The money was put into two individual money market accounts managed by my half brother (a Rhode Island resident). We have those documents. In 2014 my son received a $25,000 disbursement along with a text chain which confirms in... Read more »

Neville Bedford
Neville Bedford answered on May 21, 2021

This message will likely be deleted due to the inclusion of proper names, consult with a private attorney to bring a civil action in the appropriate court. They will also be able to advise you on any potential criminal charges after you present all of your evidence in a private and confidential... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Rhode Island on
Q: If me and my girlfriend don’t live together, I live in apartment upstairs and my girlfriend lives in apartment downstair

And we have a son together will court make me pay child support even thou we’re together in a relationship???? Why would we need to go to court if we’re together just because living upstairs n down stairs apartment...

Carl P. DeLuca
Carl P. DeLuca answered on May 10, 2021

If you're in a separate household the Rhode Island Family Court could order you to pay child support. Usually, it's because the other parent or the state on behalf of the other parent is requesting it.

1 Answer | Asked in Family Law and Child Custody for Rhode Island on
Q: Can I request being assigned the custodial parent since I am able to provide for my daughter without state assistance?

The mother of my child is on state help (section 8/neighborhood health etc.). The state of RI on her behalf came after me to provide the health insurance for the child through my job, which I did. Now the child support was never adjusted taking insurance into consideration. Am I able to have the... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I don't think the state will do that for you but you can ask the Rhode Island Family Court to make the change in placement and they will do so if it is in the best interests of the child. In addition, if you have the child half the time or close to half the time, you could ask the court to use... Read more »

1 Answer | Asked in Family Law for Rhode Island on
Q: I have physical custody of my 5yr old son in RI. Father who lives in Mass also wants physical custody. Can he do that?

He said my son said he doesnt want to live with me. I admit, I am not the fun parent but I have taken care of my son these last 5 yrs with out any help from his father and his father sees him whenever. Sometimes as much as 3 weeks will pass with out him seeing his father. He thinks I have ruined... Read more »

Carl P. DeLuca
Carl P. DeLuca answered on May 8, 2021

I think you have to be careful in these situations because you can get dragged into court in MA if you don't act first in Rhode Island. You can still get dragged into court in MA if you file in Rhode Island, but if you can establish to a judge in Rhode Island that your son is living here then... Read more »

1 Answer | Asked in Child Custody for Rhode Island on
Q: Do I have to show for a deposition in rhode island
Albin Moser
Albin Moser answered on May 6, 2021

Probably not. If you are in Dorchester and the case is in Rhode Island then you can't be made to go from Dorchester to testify in Rhode Island. Usually there is a subpoena that is served on you. If it were served upon you in Rhode Island then that's one thing, but if it were served on you... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Rhode Island on
Q: In Rhode Island, when signing a lease for commercial space, can landlord request security deposit and last month rent?
Andrew Bilodeau
Andrew Bilodeau answered on Apr 29, 2021

Yes. Unlike a residential lease, a commercial lease is not regulated as its a contract between businesses and agreed upon terms are not restricted. Hopefully that helps.

1 Answer | Asked in Child Custody and Divorce for Rhode Island on
Q: I am separated. Can't afford a divorce but desperately need one.I am concerned about ex's live-in girlfriend.MyOptions?
Neville Bedford
Neville Bedford answered on Apr 5, 2021

Consult with an attorney to explore your options. If you have a child in common, it is important to sort out custody and support issues soonest.

1 Answer | Asked in Estate Planning and Probate for Rhode Island on
Q: If money is willed to 2 sons to be split evenly, but 1 passed away before their mom, does the other son get all of it?

Or would the dead son's half get passed to his heirs? The wording on the will is just that the remainder of her money gets split evenly between son 1 and son 2.

Neville Bedford
Neville Bedford answered on Mar 31, 2021

Get a copy of that will and make an appointment to meet with your local probate attorney to discern whether the intention of the testator is per capita, or per stirpes.

1 Answer | Asked in Civil Rights for Rhode Island on
Q: I have Put a restraining order on my ex who I have Had previously had domestic cases with in 2019 he has

been creating accounts to contact me and threatening me and I have Never gone through this I have Court on the 13th and I am Scared I dont Want them to drop the case i don't know what i am supposed to do if I need To get an attorney and if so how I go About that and the costs

Neville Bedford
Neville Bedford answered on Mar 31, 2021

Contact an attorney to answer these questions privately. Document all of the violations from the invented accounts to have ready for your hearing.

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