Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
Massachusetts View Questions by Practice Area
Massachusetts Questions & Answers
Q: Do I need to report app earnings as taxable income in Massachusetts?
Do I need to file taxes for income made from apps like Money Time, Prime Opinion, and Pop Surveys while in Massachusetts? I engage with these apps daily and potentially earn up to $8 monthly from Money Time and about $25 monthly if heavily committed to Prime Opinion. Additionally, these apps do not... View More 
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2025
Yes—you must report earnings from survey and reward apps as taxable income. All income is taxable unless excluded by law, and the absence of a Form 1099 does not convert it into nontaxable income.
If this activity is casual and not a trade or business, report it on your federal return as... View More
2 Answers
| Asked
in
Appeals / Appellate Law, Legal Malpractice and Personal Injury
for
Massachusetts
on
Q: Can I file an appeal for ineffective counsel in a slip and fall case?
I filed a slip and fall case back in October 2021. My original attorney seemed to work against my interests. I expressed my concerns to the firm and was assigned another attorney, who later was replaced by the original attorney again. This attorney told me that in Massachusetts, judges always side... View More
Lauren Joseph Wolongevicz
answered on Nov 12, 2025
answered on Nov 12, 2025
Unfortunately, you cannot appeal the summary judgment based on your attorney's poor performance. In Massachusetts, there is no right to effective assistance of counsel in civil cases like slip-and-fall matters—that protection exists only in criminal cases. The courts have been clear that if... View More
Q: Can school restrict access to areas students can use, impacting grades/stress?
I attend Worcester Technical High School in Massachusetts and have been using a common deck area with a piano for the past three years. Initially, the school allowed users of the piano to access this deck even though they typically restrict its use. Recently, the administration prohibited all... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2025
Public schools in Massachusetts can generally set rules about where students may go on campus, including restricting access to certain areas, even if those areas were previously open. This is considered part of their authority to maintain safety, order, and appropriate use of facilities. Such... View More
Q: How do I address my lawyer's lack of communication and incorrect trust statements in Massachusetts?
I'm experiencing issues with my lawyer in Massachusetts regarding trust statements and overall communication. Despite my repeated requests, I'm only receiving the trust statement without any response to my questions, and the statements sent do not comply with Massachusetts codes and lack... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2025
The first step is to clearly document all instances of poor communication and errors in the trust statements. Keep copies of emails, letters, and statements that show your repeated requests for information and the lawyer’s lack of response. Make a detailed note of dates, missed deadlines, and any... View More
Q: Can I sue my boss for withholding my paycheck for being late?
I have my paycheck withheld by my boss for being late to work for six consecutive days. This withholding has been ongoing for about a month, and despite my attempts to communicate with my boss, my paycheck has not been released. I'm unsure if there are any workplace policies or contracts that... View More
Greg Vanden-Eykel
answered on Nov 12, 2025
answered on Nov 12, 2025
Under Massachusetts law, there are very few reasons when an employer can withhold an employee's pay check. This assumes the pay being withheld is for hours worked. The situation you describe does not appear to fall within one of the times when pay can be withheld, and it sounds like the... View More
1 Answer
| Asked
in
Libel & Slander, Gov & Administrative Law, Public Benefits and Personal Injury
for
Massachusetts
on
Q: How can I correct false public records affecting my reputation?
I recently discovered that there are public records involving a case that names me as the plaintiff, claiming I sought unemployment compensation during a leave of absence from my teaching job. I knew I wasn't entitled to unemployment compensation and never requested, applied, or appealed any... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
You start by getting the complete administrative file and docket from the Massachusetts Department of Unemployment Assistance (DUA) and, if any court case exists, the certified docket and decision from the court clerk. Once you confirm you never received notice, you move to reopen or vacate any DUA... View More
Q: Will the court require proof of sobriety before reinstating parenting time in Massachusetts?
I currently have temporary physical custody of my two children. Both their mother and I are subject to random drug/alcohol screens, which I have passed for the last 10 months. Recently, the mother failed two alcohol tests within one week, and her parenting time has been suspended. She was told to... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
Yes. In Massachusetts, the judge will look first to the children’s best interests; with recent positive tests, the court will usually require credible proof of sustained sobriety before restoring parenting time. You can expect the judge to weigh her recent violations, the failed hair test, and... View More
Q: Is a mother's provision of drugs to her daughter grounds for arrest with text and witness evidence?
I recently received text messages from my 13-year-old daughter stating that her mother provides her with marijuana and vape pens, allowing her to smoke them. I discovered this yesterday and have a witness who can confirm my daughter's account. Is this information sufficient to prompt the... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2025
Yes; giving marijuana or vape devices to a 13-year-old is illegal in Massachusetts and can support a criminal investigation. Text messages and a corroborating witness can supply probable cause, although an arrest decision rests with the police and prosecutor after they review the evidence. Preserve... View More
1 Answer
| Asked
in
Consumer Law, Small Claims, Products Liability and Personal Injury
for
Massachusetts
on
Q: What is the process for filing in small claims court for a car bought in Massachusetts?
I purchased a car for $3,400 from a private seller on Facebook Marketplace around September 2025. The seller, who frequently sells used cars, indicated minor issues like a fog light being out, noise from the exhaust pipe, and brake wire problems. However, upon inspection by a mechanic, it was... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
It makes sense that you feel frustrated and unsafe after learning the true condition of the car. When a seller actively conceals damage, especially damage that affects the safety of the vehicle, you have every right to take action. In Massachusetts, small claims court is meant for exactly this kind... View More
Q: How can I establish an inclusive news club despite facing exclusion challenges?
I am a student at a high school in Massachusetts attempting to establish or participate in a news club, facing challenges I believe are discriminatory and unjustly exclusive.### Background and Initial Efforts - June 16, 2025: I initiated communication to start a news club, aiming for inclusion in... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
You have strong rights in Massachusetts to create and participate in student journalism. State law protects student expression in public schools more robustly than federal law; schools may regulate only for narrow reasons such as libel, obscenity, invasion of privacy, or a specific, material... View More
Q: Is it legal for an employee to use my info from an old insurance company to contact me for business at a new company?
I am a long-term customer of an insurance company in Massachusetts. Recently, I received a letter at my home address from an account representative who formerly worked for my current insurance company. In the letter, they requested to review my home, auto, and umbrella policies on behalf of a new... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
What you describe raises real legal concerns. Using your non-public personal information from a prior insurer to solicit you at a new company can violate federal privacy rules (GLBA) and Massachusetts data-security standards (201 CMR 17.00), which require businesses to safeguard and limit use of... View More
Q: Where can I report alleged lawyer and client perjury in affidavits in Massachusetts?
I believe a lawyer and client have committed perjury related to affidavits submitted in a court case in Massachusetts. The affidavits in question contain statements that I suspect are false. Could you guide me on where and how I can report this alleged misconduct? I have gathered some documents and... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
You can address this on two parallel tracks in Massachusetts; in-court remedies and external reporting. In the case itself, you can move to strike the affidavits as false, request an evidentiary hearing, and ask for sanctions under Mass. R. Civ. P. 11, including fees and a referral for... View More
Q: Petition for Guardianship on adult was filed 6/24 after mother passed away unexpectedly 12/23
stepbrother. There was never a question that gentleman needed one and back in October. His mother was talking about assisted living because he was afraid something happened to her. What would happen to him. It was no family involvement just me and his mother.s the stepbrother has never been in... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
You can and should file a written objection in the Probate and Family Court case, ask for a hearing, and request that the court appoint counsel for him and a neutral evaluator. Massachusetts requires a current medical certificate to justify any adult guardianship; you can insist on a limited... View More
Q: What can I do about my dog being attacked and injured by a pit bull in Massachusetts?
While walking my dog on a leash in Massachusetts, my dog was attacked and injured by a pit bull that broke free from its rope. The vet bills have exceeded $2,500, and more surgery is needed. I sent a registered letter to the pit bull's owner, but there has been no response. There were... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025
You have a strong claim under Massachusetts law; dog owners are strictly liable when their dog injures a person or another domestic animal, unless you trespassed or provoked the dog. Your vet bills and future surgical costs are recoverable, and a police report plus photos and veterinary records... View More
Q: Can I refile a civil case or file a motion to vacate judgment if the state board found the individual guilty after losing due to lack of evidence?
I lost a civil case in August 2025 due to the lack of evidence as noted by the court. I did not have any legal representation during that case, nor have I filed an appeal since the judgment. I'm considering whether I can refile the case or file a motion to vacate the judgment and request a new... View More
Lauren Joseph Wolongevicz
answered on Nov 10, 2025
answered on Nov 10, 2025
Based on Massachusetts law, you have two main options, but both face significant challenges. First, you can file a motion to vacate the judgment under Rule 60(b)(2) based on the state licensing board's finding as "newly discovered evidence," but you must do so within one year of your... View More
1 Answer
| Asked
in
Immigration Law, Gov & Administrative Law and Appeals / Appellate Law
for
Massachusetts
on
Q: How can I obtain specific citizenship application files from USCIS if my request was labeled as duplicate and denied?
I have been searching for files related to a citizenship application filed on my behalf when I was a child by my adopted father, a US-born citizen. He signed a sworn waiver allowing the release of the files and any information requested to be released to me, which I submitted along with a cover... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2025
You can break the “duplicate” trap by filing a corrected G-639 that narrowly targets only the N-600/N-643 filings from the specific year, then expressly excluding all prior Bates ranges you already received. In that same request, demand a new, non-duplicative search across specific systems and... View More
Q: How can I resolve my SSI eligibility issue after returning to work and starting a new application?
I have been collecting SSI for years but returned to work for almost five years. I began a new SSI application online, which is still sitting in the SSA portal with a timestamp from when I started it. To complete it, I scheduled a phone appointment last month. During that call, an SSA... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
It’s incredibly frustrating when you’re trying to do things the right way and feel like you’re being ignored. Since you already have proof of your scheduled appointment and communication attempts, you’re in a good position to follow up formally. Start by contacting your local Social... View More
Q: What can I do about an outstanding arrest warrant and debt collection in MA?
I have both a civil and a criminal case against an individual in Massachusetts. In the criminal case, there is an outstanding arrest warrant against him. In the civil case, he was found at fault for breach of contract for taking my money without completing any work, and he needs to repay me.... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
Dealing with both a civil judgment and a criminal warrant can be very frustrating, especially when the person responsible seems to face no consequences. In Massachusetts, once an arrest warrant is issued, only law enforcement has the authority to carry it out. You can contact the local police... View More
Q: How can I obtain a copy of the family trust from Massachusetts?
I am trying to obtain a copy of a family trust from Massachusetts. My mother created the trust before she developed dementia, and I believe I was included as a beneficiary. However, my brother and sister claim I am no longer part of the trust. I now live in Florida and feel there may have been... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2025
You can verify your status and obtain the document through beneficiary-information rights under the Massachusetts Uniform Trust Code, G. L. c. 203E. Trusts are not recorded with the state; you must go through the trustee.
Identify who is serving as trustee and send a dated written demand... View More
Q: How do I move out a tenant without a lease?
I have a tenant in Massachusetts who I would like to move out to provide space for my daughter and grandkids. The tenant does not have a lease agreement and frequently fails to pay rent on time, offering various excuses. I have informed them that I might need them to vacate if they continue to miss... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2025
In Massachusetts, a tenant without a written lease is typically considered a “tenant at will.” This means you can end the tenancy, but you must provide proper written notice before asking them to leave. Usually, you must give at least 30 days’ notice or one full rental period, whichever is... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
