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Maine Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maine on
Q: i have a contract to buy a house and land since 2019 the property was signed over to someone else and they want to evict

the contract had no time limit, nor said how much or how often I would pay. i gave the initial 20000 down and a payment for 500 towards the 35000 asking price. The contract said I was responsible for paying property taxes on the land and house in contract. The house and land is part of a bigger... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Elder Law for Maine on
Q: I’ve been staying at my mother’s apartment, temporarily. She and her neighbor, across the hall, both in their 80’s, were

cordial, but not close. It was revealed, without a doubt, this neighbor placed a false complaint to the state’s elderly abuse hotline naming me as the culprit. Last week, we woke early to welcome a caseworker and police investigator into the apartment. They both explained,“we get many calls out... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 5, 2021

A Maine attorney could advise best, but your question remains open for two weeks. In a general textbook sense, it's possible the situation could be characterized as one involving defamation, where false statements result in someone suffering damages to their dignitary interests. But from a... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: Maine stop and identify laws?

I am trying to determine whether Maine has any stop and id laws

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

Yes, Maine does. See 17-A M.R.S. § 15-A.

P.S. This is a criminal law question, not civil litigation.

1 Answer | Asked in Civil Litigation for Maine on
Q: What do you do when the officer forgets to put a “date served” on your summons?

I received a summons from a deputy probly a week and a half ago now, he said I had 20 days to file paperwork to the court with my lawyer, but I still don’t have a lawyer and there is no “date served” on my summons, the spot is left blank. I’m a simpleton and get anxious not knowing what to... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 20, 2021

Call the County Sheriff's Office and ask them on what date they served you. Alternatively, if there is an attorney representing the other side, her or his information will be on the summons. You can call her or him and ask them on what date the Sheriff's Office served you. Finally, the... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: I invested money with my uncle now he will not give me my money what can I legally do?

My mother passed away and left her life insurance to my uncle to distribute to us kids. The money was distributed to each kid and he then asked if I would like to invest with him in an account since he can get a higher rate of return and I agreed to invest. He will now not give me the money because... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 29, 2020

The answer depends on what your agreement was with your uncle when you agreed to invest with him. If you have the right to request your money back at any time, then you can likely sue him in an effort to force him to give it back to you.

1 Answer | Asked in Civil Litigation for Maine on
Q: I filed a summons with notice in NY.Defendant ignored Summons & filed complaint in Maine based on same dispute.allowed?

The summons with notice was filed in NY for a breach of an LLC operations agreement. The defendant ignored the summons and instead, filed a separate complaint in a different state - in Portland, Maine, which arises out of the same transactions or occurrences that are the subject matter of the NY... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 20, 2019

The short answer is, “it depends.” I would need to know more facts and details to provide a more precise answer. That said, you should keep a few general principles in mind. First, what you are describing may be called either parallel or duplicative litigation, depending on whether the... Read more »

1 Answer | Asked in Civil Litigation for Maine on
Q: If my boyfriend and I are named on a lease and he only signed it does that also make me responsible for payment?

We have moved out of the place and I never signed the lease but he did. Now they want back rent from both of us. Do I have to pay since I didn’t sign the lease?

Fred Bopp III
Fred Bopp III answered on Oct 5, 2019

Generally speaking, if you did not sign the lease, it means the landlord may not be able to pursue a breach of contract claim against you. That said, the landlord would likely have claims against you for unjust enrichment and/or what is called quantum meruit. To establish a claim for unjust... Read more »

2 Answers | Asked in Business Formation, Civil Litigation and Consumer Law for Maine on
Q: Do I have to give a customer back money on an overpaid check. (Private sale)

A customer in Florida sent a Cashiers check to me (I am in Maine). He sent a check for more than he meant to pay, my question is am I legally obligated to pay him back the extra money?

Fred Bopp III
Fred Bopp III answered on Apr 14, 2019

I think the short answer is yes. It sounds to me like you and your customer reached an agreement on how much he was to pay you, thereby establishing a contract. For some reason, he overpaid you. Unless he intended the overpayment as a gift, it seems to me he is entitled to have you return the... Read more »

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1 Answer | Asked in Civil Litigation for Maine on
Q: Is there a Statute of Limitation for representing the opposing party by an attorand giving away confodential information

An attorney represents me in a case. Never signed off from the case. meantime he started to represent an important decision maker from the opposing party. Never asked my permission, agreement, consent, and so on.

Fred Bopp III
Fred Bopp III answered on Mar 14, 2019

Assuming that the claim you are asking about is one for legal malpractice, the statute of limitations under Maine law is 6 years. I express no opinion as to whether you have a viable claim for legal malpractice or otherwise.

1 Answer | Asked in Civil Litigation for Maine on
Q: Got evicted on a lease rent do they have to go threw the court if we dont leave

We we're evicted because the rent was late never missed a payment but was late my husband and ground keep got in a argument thats when we received the notice do they have to go to the court to get us out or can they just do it thank you

Fred Bopp III
Fred Bopp III answered on Feb 22, 2019

The short answer is they have to go to court to get you out. When that happens (or even before it does), you may want to consider hiring a lawyer to represent you.

1 Answer | Asked in Civil Litigation for Maine on
Q: How do I get my name off a creditor lawsuit?
Fred Bopp III
Fred Bopp III answered on Nov 10, 2018

I would need more facts about this situation in order to answer the question. For example, have you been named as a defendant? What are the claims the creditor has asserted in its complaint? is this a consumer or commercial matter?

1 Answer | Asked in Civil Litigation for Maine on
Q: How do I go about delaying a writ of execution in the state of maine for a defaulted auto loan

and can I counter sue FORD MOTOR COMPANY as I have learned yesterday I was never notified when and where I could of bought back the truck and the truck had been repo. on private property

Fred Bopp III
Fred Bopp III answered on Nov 3, 2018

If judgment has entered against you, you can possibly appeal if the time period to file an appeal has not run. There may also be a lack of notice issue, but I can't tell from these facts. In any event, if judgment has entered, it would not be a counterclaim, you would need to bring a new... Read more »

0 Answers | Asked in Business Formation, Business Law and Civil Litigation for Maine on
Q: Can I sue for damages if a local business gives up after receiving thousands of dollars in support from the community?

Me and several others have donated upwards of 10 grand into a local event site. We have provided materials and volunteer labor to build buildings on the the property. The owner had acquired a drug problem and given up on managing the site and business. When offers to take over came forward, he... Read more »

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