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Massachusetts Civil Litigation Questions & Answers
0 Answers | Asked in Consumer Law, Civil Litigation, Construction Law and Lemon Law for Massachusetts on
Q: brought a van from a private seller ten days later cant drive the van cuz it needs a new or rebuild transmission . ask

ask the seller for my money back or can he fix it . he said no , than I found out. he's sold more then 3 cars in a year

0 Answers | Asked in Civil Litigation and Small Claims for Massachusetts on
Q: Can I ask for travel expenses in a small claims case if the defendant reneged on their promise to pay?

For the past six months, I have tried to collect a refund the defendant promised to pay after being found negligent by the post office for the way he shipped an expensive item I purchased from him last September. Although he has repeatedly promised to refund me in exchange for the return of the... View More

Q: My name is on the title of a car that my ex has. His name is also on the title. How do I get my name off it? He owes $

How do I get my name off it? I had the car in my possession at one point, I was making payments, and the car insurance was in my name and I was paying on that too, until he cheated and we parted ways. He took the car from me and I want to know if I can get the car back from him or if I can get him... View More

James L. Arrasmith
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answered on Mar 28, 2024

Removing your name from the title of a car that you co-own with your ex can be a complex process, especially if there are disagreements about the car's ownership and payments. The first step is to communicate with your ex and express your desire to either have the car transferred entirely to... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

James L. Arrasmith
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answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

James L. Arrasmith
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answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: I needed the services of a lawyer in April 2018. I met with the lawyer, had about 2 shorts phone consultations too.

He told me it will cost $1000. He represented me in court and I paid him cash the same day. He didn’t give me a receipt. He recently merged with another law firm and today I received a bill for $1000. This bill came after nearly 6 years! What now, I paid him cash and he did not give me a receipt... View More

James L. Arrasmith
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answered on Jan 13, 2024

In a situation like this, it's important to first gather any evidence you have of the payment, such as bank withdrawal records around the time of the payment. Although you don't have a receipt, this evidence might help establish that you made the payment.

Next, reach out to the...
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1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: I was victimized in a foreign country. 3 years later I was ejected from it. did that stop statute of limitations clock?

I was a university professor in a foreign country. I was the target of several criminal actions and several other possible ones. Two to three years later -- in 2008 -- I was pushed out of the country in a process that might itself have been illegal [I was ejected from a hospital]. It is now 15... View More

Thomas Shack III
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answered on Nov 28, 2023

Whether being forced out of another country would toll the statute of limitations depends on the specific laws of the country/jurisdiction in question. There may be no statute of limitations at all for certain crimes/claims in the other country. If the alleged crimes were committed in the United... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: Land Dispute in a Land Court, What defenses do I have to oppose a motion to impose fee? Which law supports my defenses?

I'm inquiring about MA rule of law on a motion to sanction or fee impose on a defendant. This is land court, land dispute, and contempt proceeding. I was sued for a prescriptive and adverse possession easement in a planned community. The Plaintiff claims that I have violated the order and... View More

Anthony M. Avery
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answered on Oct 11, 2023

You will need to file an Response denying the allegations. Get ready for the hearing with any witnesses and/or evidence of your obeying the Order verbatim. I recommend hiring a MA attorney as incarceration might be a possibility.

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
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answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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1 Answer | Asked in Civil Litigation and Construction Law for Massachusetts on
Q: Signed contract in Oct 2021 with two contractors (partners) for home addition. No timeline specified.

One contractor (construction supervisor) show up only on several occasions, did not supervise subcontractors and did shoddy work. Had to let him go and take over the building permit myself. His partner has been trying to make good but has informed me he probably cannot finish the job. I have... View More

Christopher Tolley
Christopher Tolley
answered on Jun 1, 2023

If you feel the partners will not pay and you do not trust them to finish the work, it may be time to complete the work by hiring someone else and consult a lawyer about collecting the completion costs. You would argue the partners have breached the contract and that you are entitled to damages in... View More

1 Answer | Asked in Car Accidents, Consumer Law, Civil Litigation and Identity Theft for Massachusetts on
Q: Massachusetts Boston my wife has a permit and keeps registering and insuraning cars in my name without my consent

Has stolen my identity and opened credit card and I filed a identity theft claim

William J. Amann
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answered on May 27, 2023

It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

William J. Amann
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answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... View More

1 Answer | Asked in Civil Litigation, Probate and Family Law for Massachusetts on
Q: My ex is taking me back to court for contempt I feel what he is doing is litigation abuse. I cannot afford a lawyer.

I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2023

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: If I'm represented by an attorney at a firm, can all his colleagues assist in the case without filing notice to appear

Are all attorneys assisting with a civil matter required to file a notice of appearance?

William J. Amann
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answered on May 23, 2023

Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

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

William J. Amann
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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

Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently

I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... View More

James L. Arrasmith
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answered on Mar 3, 2023

You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: House owner went into property before scheduled walk thru

My ex fiancé and mother went in on a house together. When we broke up he wanted to kick my mom out, we sued him for breach of contract when he filled for evection. We won and my mom has until February 28, 2023 to vacate the property at that time we will do a walk thru of premises and then he will... View More

Christopher Tolley
Christopher Tolley
answered on Feb 28, 2023

I assume your ex's entry into the property violated the parties' settlement agreement. However, you do not articulate any harm to you or your mother as a result of his acts and therefore you would not be entitled to damages. Therefore, it does not seem to be in your interest to reopen the... View More

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Is supplementary process required before requesting wage or bank garnishment?

Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Collecting on a civil judgment in Massachusetts.

I have a civil judgment in Massachusetts. I want to collect on the judgment by a wage or bank account garnishment, I understand I need to do a trustee process. Does that mean I have to file a second complaint (complaint on judgment) and pay court costs service of process fees again?

Do I... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

Your can seek a bank account trustee process based on your current judgment. In order to trustee process wages, you have to institute a suit on the judgment.

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