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Connecticut Questions & Answers
1 Answer | Asked in Civil Rights and Landlord - Tenant for Connecticut on
Q: We are having a civil matter with the management in our apartment complex. The tenant below us smokes inside, and the

Second hand smoke comes inside our apartment. This has been causing health issues, and we wouldn’t of moved here if we knew it wasn’t non smoking as advertise on there web page and stated in the leased as no smoking. After complaining to management she responded with a letter saying that... Read more »

Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

You may have a claim for constructive eviction. Connecticut law provides that your landlord has the obligation to ensure that conditions do not render your unit "unfit or uninhabitable." Conn. Gen. Stat. Ann. § 47a-7(a). Connecticut courts recognize that "[a]ny disturbance of the... Read more »

1 Answer | Asked in Foreclosure for Connecticut on
Q: If an attorney states he withdraws allegations from a complaint at trial, does he have to file a new complaint
Paul C. Jensen Jr.
Paul C. Jensen Jr. answered on Feb 27, 2021

It depends on whether the defendant was not prejudiced in maintaining its defense, surprised by the plaintiff's proof, or misled by the allegations in the complaint.

Generally, a "plaintiff cannot recover for something that was not specifically set out in [its] complaint."...
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1 Answer | Asked in Consumer Law for Connecticut on
Q: I live in connecticut and have a charged off credit card of $15000 with capital one bank. The debt was sent to a law

firm for collection. My question is can the law firm which is in ct. send me a summons for charged off debt? I believe the laws in ct. prohibit this.

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

It's not clear what you mean by "charged off debt." Did you pay the debt? Then that is a defense and you may have a counterclaim. However note the time to respond to the complaint.

Note: capital one is sometimes sloppy with their complaints, and especially showing that the...
Read more »

1 Answer | Asked in Criminal Law for Connecticut on
Q: Im being harrased by my apt complex management/staff due to my criminal record, Have proof & police report. What do i do
Joseph Maya
Joseph Maya answered on Feb 26, 2021

I am sorry to hear about your situation with your apartment's staff. To fully address your legal questions and what steps you can take, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Family Law and Child Custody for Connecticut on
Q: What do I need from my grandchildren's parents to legally take care of my grandchildren? Can it be signed by one parent?
Joseph Maya
Joseph Maya answered on Feb 26, 2021

You present an interesting legal question. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your situation with your grandchildren. I wish you the best of luck in the resolution of your issue.

1 Answer | Asked in Probate for Connecticut on
Q: Husband passed away & has a business. Credit cards are in his name only & the house is only in mine. Do I have to pay

He had no real assets, work cars in his name but no $$ is owed on them. Do I have to pay his business CC?

Joseph Maya
Joseph Maya answered on Feb 19, 2021

I am sorry for your loss. You will probably need to hire an attorney to fully address your legal questions. I wish you the best of luck in the resolution of your questions.

1 Answer | Asked in Family Law for Connecticut on
Q: In CT is it legal to record your son on your phone/camera when they are threatening yourself or other family members?
Joseph Maya
Joseph Maya answered on Feb 19, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your question. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Landlord - Tenant and Probate for Connecticut on
Q: No will. Step daughter started collecting rent for months before probate has started from step fathers rental property.

She refuses to disclose any information about payments she's been collecting with no right and we are just about to start probate in CT as Florida had to be started first. I am the decendents daughter and will be seeking Administrator responsibility as I am in florida now. Will she be facing... Read more »

Joseph Maya
Joseph Maya answered on Feb 19, 2021

I am sorry to hear about your situation and am sorry for your loss. To fully address your legal questions, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

2 Answers | Asked in Employment Law, Civil Rights and Libel & Slander for Connecticut on
Q: Do I have any legal standing with both the city official and my job?

I was just insulted and belittled by a city official regarding a building I manage. The city official used profanity and said no one here even speaks inglish and continued to yell and when I asked for his name he got 3inches from my face and was yelling at me with over a dozen workers present that... Read more »

Joseph Maya
Joseph Maya answered on Feb 19, 2021

I am sorry to hear about your situation with your former employer. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your legal questions. I wish you the best of luck in the resolution of your situation.

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1 Answer | Asked in Immigration Law for Connecticut on
Q: USCIS not sending receipt for reentry permit

Hi, I'm an LPR of 28 years and had to go abroad to help my sick and old parents, with an I-131, 2-year reentry permit that just expired. I came back 2 months ago to file for a new but have not even gotten the receipt note. I've found that there are severe delays, no oversight, no follow... Read more »

Nareshwar Singh Virdi
Nareshwar Singh Virdi answered on Feb 17, 2021

Unfortunately, this is the reality that we live in. Our firm can assist in following up on the issue and to seek some resolution. However, given the pandemic and changing political climate, the situation is totally unpredictable.

1 Answer | Asked in Patents (Intellectual Property) for Connecticut on
Q: If a U.S. Patent is granted after first being filed as a Provisional Patent, does the U.S. Patent expire on its grant...

...date or 20 years after the Provisional Patent's file date?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 17, 2021

Assuming all maintenance fees are paid and there is not a terminal disclaimer linking the end date to another patent, then the termination date is 20 years after the first non-provisional application in the family plus any bonus days extending the term through Patent Term Adjustment (PTA).... Read more »

1 Answer | Asked in Child Custody for Connecticut on
Q: My husband won full sole custodyin Connecticut Orange County cops told him he can pick up his child he went to florid

He went home alone I’m lost to why no one is helping has been 7 months the mom skipped town no communication with child but we need help how to get her back now from Florida we don’t know how laws work out there we from Connecticut

Joseph Maya
Joseph Maya answered on Feb 15, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to properly address your legal issue. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Legal Malpractice, Personal Injury and Family Law for Connecticut on
Q: My therapist was found guilty how do I go about compensation for pain and suffering? How 2 get his insurance?

Ga Board of licensed counselor... Found him guilty. We have a baby that he has custody of. He lies in court while we were in court for the children, cause I relapsed after his therapy. No one would listen to me when I tried to tell them. Now he is on probation etc. Do I start a civil law suit?... Read more »

Joseph Maya
Joseph Maya answered on Feb 15, 2021

I am sorry to hear about your situation. To fully address your legal issue, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Employment Law for Connecticut on
Q: Can I still collect for unemployment benefits if I got denied for a period time?

Legal question. I was collecting unemployment from March to July. Then I found a seasonal summer job (for 5 weeks) but I quit because of covid restrictions that my Resident state CT put on my Employer’s state RI in August. The appeal referee found me that I left the job for personal reasons and... Read more »

Joseph Maya
Joseph Maya answered on Feb 15, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to fully address your legal questions. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Estate Planning for Connecticut on
Q: Our son is the beneficiary of a GST set up by his grandparents. Can he draw on the trust before we die?

He is 34 y.o and marginally employed (at best) We support him 100% financially and that is putting us in a hard place. The income generated by this trust is not enough to support us as my husband 70 y.o.retired , I am 61 and have a low paying job and we have a 17 y.o. daughter who wants to go to... Read more »

Steven Basche
Steven Basche answered on Feb 11, 2021

To answer your question, we would need to review the trust agreement itself. It really depends on the language used in the document. My guess is that your son should be able to get money from the trust, but without reviewing the document it's impossible to say.

1 Answer | Asked in Criminal Law for Connecticut on
Q: If someone gave me permission to use their debit card and now he canceled it could he press charges on me

He got a new card and recently gave me permission to use that one too and now he canceled that one to and says he gonna put me in jail he's given me his debit card number twice and allowed me to use it so basically it's his word against mine but I've been to the ATM with his card... Read more »

Joseph Maya
Joseph Maya answered on Feb 8, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to properly address your legal issue. I wish you the best of luck in the resolution of your situation.

1 Answer | Asked in Employment Law for Connecticut on
Q: Can an exempt employee have PTO withdrawn from their bank for 20 minutes?

My working hours are 8-at least 4:30 with 30 minutes for lunch. I was running late one day and informed my employer, who told me that I was to use PTO for the 20 minutes I was late. I was still going to work a full 8 hours for the day and more than 40 hours for the week.

Joseph Maya
Joseph Maya answered on Feb 8, 2021

I am sorry to hear about your situation. You will probably need to hire an attorney licensed to practice in Connecticut to properly address your question. I wish you the best of luck in the resolution of your situation.

2 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Can a 401k and HSA distribution be added to a general estate bank account if there are no beneficiaries assigned?

My brother passed away last year and did not have a will. The case is currently in CT probate court. There is a surviving brother and myself, no spouse, parents or children. I am also the administrator for his probate case. Can a 401K and HSA distribution be added to the established estate bank... Read more »

Steven Basche
Steven Basche answered on Feb 4, 2021

Yes, the proceeds from the 401k and HSA can, and should, be added to the estate checking account. Keep in mind, there will be income taxes due on both distributions. Those assets will then be distributed to your brothers heirs as determined by the CT intestacy statute.

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1 Answer | Asked in Criminal Law for Connecticut on
Q: Need urgent help

I got my 2nd violation of probation the 1st time I got to do outpatient program and got on methadone. I was violated due to missing appointment's the 1st time and it just got reinstated. This time I got arrested 2 different times. The 1st offense was larceny in the 6th degree and burglary in... Read more »

Salvatore Bonanno
Salvatore Bonanno answered on Jan 31, 2021

You should clear the outstanding arrest warrants by turning yourself in, then bond out, hire a criminal defense attorney and enter the program. Otherwise, you may find yourself arrested while your in the program. Best of luck

1 Answer | Asked in Real Estate Law for Connecticut on
Q: Connecticut residential lease holdover- Do the terms of the expired lease carry over into a month-to-month tenancy?

I have a residential tenant and their lease is expiring. If they want to go month to month and we don't sign a new lease- Do the terms of the expired lease carry over into a month-to-month tenancy?

Christopher H. McCormick
Christopher H. McCormick answered on Jan 29, 2021

A standard clause of most written leases provides that the terms of the written lease continue if the tenant holds over as a month to month lease. Check your lease to look for this clause.

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