Maine Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Maine Questions & Answers
Q: If my dad died without a will, can the probate court designate me as the executor?
Fred Bopp III's answer
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.
You can petition the Probate Court to be appointed as personal representative, but if there is a contest, the Probate Code dictates whom must be given priority.
Q: Are there any instances where the police wouldn't need a warrant to search a house?
Zachary J. Smith's answer
That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.
That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.
Q: Buying a bank owned foreclosure with a Les Pendens
Fred Bopp III's answer
I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...
I think you mean lis pendens, but in any event, the answer to your question is, as long as the foreclosing bank properly recorded a copy of the foreclosure complaint or what is known as a clerk’s certificate in each registry of deeds in which the mortgage deed is or by law ought to be recorded, then Maine law provides as follows: “Any other party having a claim to the real estate whose claim is not recorded in the registry of deeds as of the time of recording of the copy of the complaint...
Q: I am currently going through court for child support. Just looking for advice about parental rights.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Maine
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
Robert Guillory Esq's answer
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
If you are just going for child support you will have to present some information to the court as to what his income is and what your income is. they will also need to know cost of daycare if any, cost of insurance for the child/children only, and if there are any extraordinary medical expenses for the child. With all of that information the court will calculate what the child support will be. if you dont know how much he makes it would help if you at least knew what he does for work.
Q: I have received emails from a company calling itself Revenue Discovery Systems.
Fred Bopp III's answer
It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.
It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.
Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Maine
on
Answered on Nov 26, 2018
Answered on Nov 26, 2018
Robert Guillory Esq's answer
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been...
Q: Days away from closing a house when the power of attorney was questioned. can’t be sold. Sue for appraisal/inspection $?
Fred Bopp III's answer
From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the purchase and sale agreement (“P&S”). This would typically be a breach of the P&S, the question now is what are your rights and remedies. Under any P&S I have seen, you will be entitled to get your...
From your question, it appears you are a buyer who was ready, willing, and able to close, but your seller ran into a problem with his/her/its power of attorney (which apparently can’t be cured), and that problem is preventing the seller from conveying title to the property to you under the purchase and sale agreement (“P&S”). This would typically be a breach of the P&S, the question now is what are your rights and remedies. Under any P&S I have seen, you will be entitled to get your...
Q: Landlord shut water off morning after paying rent; won't answer his door or phone and have left notes on his door.
Fred Bopp III's answer
Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your landlord describing the issue in a specified manner (the notes you have left on his door may or may not qualify as written notice under your lease) and then he will have a certain period of time...
Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your landlord describing the issue in a specified manner (the notes you have left on his door may or may not qualify as written notice under your lease) and then he will have a certain period of time...
Q: Is it okay to write a contract even after work has begun?
Fred Bopp III's answer
The short answer is yes, but there may be significant consequences caused by the fact that one party started the work before a written contract was in place. For example, under Maine law, "[a]ny home construction contract for more than $3,000 in materials or labor must be in writing and must be signed by both the home construction contractor and the homeowner or lessee. Both the contractor and the homeowner or lessee must receive a copy of the executed contract prior to any work performance."...
The short answer is yes, but there may be significant consequences caused by the fact that one party started the work before a written contract was in place. For example, under Maine law, "[a]ny home construction contract for more than $3,000 in materials or labor must be in writing and must be signed by both the home construction contractor and the homeowner or lessee. Both the contractor and the homeowner or lessee must receive a copy of the executed contract prior to any work performance."...
Q: My tenant passed away and was 3 months behind on rent. Can I still get the money from his family?
Fred Bopp III's answer
If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is properly terminated.
If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is properly terminated.
Q: When is a mortgage payment considered past due allowing the financial institution to bring a foreclosure proceeding?
Fred Bopp III's answer
Assuming this is a mortgage on your home, the financial institution must provide you with a written notice of default and right to cure your mortgage loan default (assuming that the default is for non-payment). The notice must state that you are "in default" and that you have 35 days to cure the default. Being "in default" means that you are behind in making your mortgage loan payments when due or that you have not paid your taxes or your insurance when due. The financial institution cannot...
Assuming this is a mortgage on your home, the financial institution must provide you with a written notice of default and right to cure your mortgage loan default (assuming that the default is for non-payment). The notice must state that you are "in default" and that you have 35 days to cure the default. Being "in default" means that you are behind in making your mortgage loan payments when due or that you have not paid your taxes or your insurance when due. The financial institution cannot...
Q: Can I request a mediator in my eviction case at any time?
Fred Bopp III's answer
Not at any time, no. Depending on what stage of the process your eviction case is at, your right to request a mediator may no longer be available. For more information, please go to this link: http://www.courts.maine.gov/maine_courts/district/evictions.html
Mediation is also available in eviction actions, which are called Forcible Entry and Detainer cases. A mediator may be at the courthouse when parties come to court on the day of the hearing, or mediation can be requested in...
Not at any time, no. Depending on what stage of the process your eviction case is at, your right to request a mediator may no longer be available. For more information, please go to this link: http://www.courts.maine.gov/maine_courts/district/evictions.html
Mediation is also available in eviction actions, which are called Forcible Entry and Detainer cases. A mediator may be at the courthouse when parties come to court on the day of the hearing, or mediation can be requested in...
Q: What are the rules on limits to finance charges for credit card?
Fred Bopp III's answer
Please see the discussion of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act") on page 15 of the document found at this link: https://www.maine.gov/pfr/consumercredit/documents/2015CreditCardpubl.pdf
Also, Maine law does not limit the interest that can be charged on a credit card. Out of state financial institutions are subjected to the interest rate ceilings of their home state.
Please see the discussion of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act") on page 15 of the document found at this link: https://www.maine.gov/pfr/consumercredit/documents/2015CreditCardpubl.pdf
Also, Maine law does not limit the interest that can be charged on a credit card. Out of state financial institutions are subjected to the interest rate ceilings of their home state.
Q: How do I get my name off a creditor lawsuit?
Fred Bopp III's answer
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?
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?
Q: What's the statute of limitations for filing a debt collections suit?
Fred Bopp III's answer
In most consumer debt cases, the statute of limitations for filing a debt collections suit is 6 years from the time the consumer stopped making payments on the obligation.
In most consumer debt cases, the statute of limitations for filing a debt collections suit is 6 years from the time the consumer stopped making payments on the obligation.
Q: What's the process for appealing a probate decision.
Fred Bopp III's answer
Probate Court decisions may be appealed to the Maine Supreme Judicial Court on matters of law. Here is a website that explains the appeal process to the Supreme Judicial Court: http://www.courts.maine.gov/maine_courts/supreme/appeals.html. I would suggest that you consult with an attorney to assist you with this process.
Probate Court decisions may be appealed to the Maine Supreme Judicial Court on matters of law. Here is a website that explains the appeal process to the Supreme Judicial Court: http://www.courts.maine.gov/maine_courts/supreme/appeals.html. I would suggest that you consult with an attorney to assist you with this process.
Q: Is there any way to recover rent owed from a tenant that's filed for bankruptcy?
Fred Bopp III's answer
Under certain circumstances, yes, but I would need more facts to give you a more specific response.
Under certain circumstances, yes, but I would need more facts to give you a more specific response.
Q: My condo association violated the State of Maine Condo act by not preparing a budget and is now demanding a huge sum.
Fred Bopp III's answer
I think the answer, in large part, is going to depend on the language and terms of your condo association documents. You should try to get a lawyer who specializes in condo association law to help you. I can refer you to someone if you like.
I think the answer, in large part, is going to depend on the language and terms of your condo association documents. You should try to get a lawyer who specializes in condo association law to help you. I can refer you to someone if you like.
Q: What if I discover the amount of my claim is over the maximum figure small claims allows after I filed a claim? Can I
Fred Bopp III's answer
Yes, you should ordinarily be able to voluntarily dismiss your small claims court action and refile it in the proper court (depending on what stage the small claims proceedings are at). The other option to consider is waiving the amount of your claim that exceeds the small claims court limit ($6,000) and proceeding on your claim in that reduced amount (obviously, your willingness to do this may well depend on the amount of your claim that exceeds the small claims court limit).
Yes, you should ordinarily be able to voluntarily dismiss your small claims court action and refile it in the proper court (depending on what stage the small claims proceedings are at). The other option to consider is waiving the amount of your claim that exceeds the small claims court limit ($6,000) and proceeding on your claim in that reduced amount (obviously, your willingness to do this may well depend on the amount of your claim that exceeds the small claims court limit).
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