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Maine Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maine on
Q: Do my parents have legal right to my childhood belongings or gifts that they bought me?

I am 22 years old. I moved out of my parents house about 2 years ago, but because of college I have not been able to move all of my things out. Recently, within the last few months my parents and I have been having a hard time getting along. They are threatening to get rid of all my belongings at... View More

James L. Arrasmith
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answered on Apr 3, 2024

In general, gifts given to you as a child by your parents or others are considered your property, even if your parents initially paid for them. This includes items given to you for birthdays, holidays, or other special occasions. Once a gift is given, the giver relinquishes ownership rights to the... View More

1 Answer | Asked in Civil Litigation and Contracts for Maine on
Q: I sold my truck to my mom. she made a payment arrangement she passed away and she still owed $3000. Do I get the truck?
James L. Arrasmith
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answered on Mar 16, 2024

In situations like yours, where a family member passes away owing money on a private agreement, the resolution can depend on several factors. First, consider any agreement or contract you had with your mother regarding the truck. If there was a written agreement, it should detail what happens if... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2022

I agree with Attorney Denison's answer. The only thing I would add is you could always contact the lender, explain the situation, and see if they will remove you from the loan under any set of circumstances.

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

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1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Maine on
Q: Do I have a right to move into a vacant home that I’m half owner of to protect it while waiting for probate to end?

I inherited a house 50/50 with my sister. She’s agreed to sell me her share but won’t allow me to move in even though I own half of it and the house is empty. She has her own house. It’s doubtful the case will go to probate and someone needs to watch the house and protect it from break ins as... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Oct 20, 2022

You should hire a lawyer to advise you about this situation.

Based on what you have said, it appears as if title to the house rests with the estate. Therefore, no one has a right to occupy the property until and unless it is deeded to them.

You should be able to negotiate a lease...
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1 Answer | Asked in Criminal Law and Civil Litigation for Maine on
Q: Can I move and get a firearm in another state if there is an active PFA against me in this state?
Hunter J Tzovarras
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answered on Jan 12, 2023

If you have an active PFA that does not allow possession of a firearm, or has certain elements of threats or violence, then you cannot possess a firearm under federal law in any state.

1 Answer | Asked in Divorce and Civil Litigation for Maine on
Q: Do I have to split my money from selling the house with my ex husband?

My ex husband and I got a divorce several years ago. In the divorce degree, it said that I had to pay him $8000 for real estate, $4100 for a vehicle, and $2500 for lawyer fees. $8000 was paid so far and there is documentation for that. I am just now selling my house and was going to pay him the... View More

Fred Bopp III
Fred Bopp III
answered on Jul 5, 2022

The answer will likely depend on the terms of your divorce decree. You would be well advised to have a qualified attorney review it and advise you.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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