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Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... View More 
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answered on May 20, 2023
In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... View More
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answered on May 7, 2023
You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... View More
Can I keep the remainder of my home equity?
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answered on May 7, 2023
Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... View More
I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... View More
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answered on May 5, 2023
Put your protest in writing.
The fee is part of the fuel tank rental agreement. However, I am not the property owner. I did not enter into an agreement regarding the tank/fee. Can I be legally billed this fee?
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answered on Apr 28, 2023
Since you apparently did not agree to these terms, it's very doubtful that you are directly liable for it. But be careful, the owner, presumably your landlord, may be liable and he/she may be able to pass the costs onto you through the Lease.
My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house
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answered on Apr 26, 2023
Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... View More
Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... View More
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answered on Apr 17, 2023
Before you file Bankruptcy under any chapter, consult competent counsel.
Property of the estate is defined by 11 USC § 541. It includes:
Any interest in property that would have been property of the estate if such interest
had been an interest of the debtor on the date... View More
also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More
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answered on Apr 4, 2023
New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More
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answered on Mar 20, 2023
Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More
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answered on Mar 20, 2023
What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid
perfected lien or interest... View More
I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.
What exactly does that mean?
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answered on Mar 15, 2023
A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000); 5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).
My firm's primary... View More
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answered on Mar 9, 2023
It sounds like you're doing business in a state, other than NH as well as NH. You can do that but I suggest you hire an attorney to review the full picture so a suitable recommendation can be made.
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answered on Mar 8, 2023
Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... View More
I own an LLC Plumbing business here in New Hampshire. I sent an invoice a month or so after I completed the work. My customer is giving me a hard time about it, so I would like to know the law for how long I have to send an invoice, as well as the time frame that my customer has to pay the invoice.... View More
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answered on Mar 1, 2023
Ordinarily this issue would be covered in a written contract but if you don't have one, billing 30 days or so after the job does not appear unreasonable at all. I'm unsure if there are any special circumstances such as a closing date, etc. Feel free to contact me if you have any... View More
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answered on Jan 7, 2023
A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.
It’s a discrimination lawsuit
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answered on Dec 11, 2022
Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.
A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... View More
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answered on Nov 29, 2022
It certainly sounds like it, particularly if that was "announced".
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answered on Oct 26, 2022
Sur reply.
Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?
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answered on Oct 24, 2022
20 days from service, see Massachusetts Superior Court Rules 12 and 13.
I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?
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answered on Oct 7, 2022
Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.
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