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answered on Aug 8, 2019
Most Class A drug charges in Maine carry a mandatory minimum 4 year prison sentence. The maximum is 30 years for this charge. If found guilty of the Class A crime and the mandatory 4 years applies then that would be the lowest sentence that can be imposed. Please let me know if there are any... View More
Three tenants at will living in the same house. They have a co-tenant agreement between them. I have received multiple complaints from two of the tenants about the other individual for missing items and not helping with any chores around the house. I'm not sure weather I should evict the one... View More
answered on Jul 27, 2019
Under Maine law, to evict a tenant at will for causing a nuisance within the premises, you will first need to provide a 7-day Notice to Quit (which must conform to the statutory guidelines) terminating the tenancy at will. As landlord, you will need to show, by affirmative proof, that the tenant... View More
Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal?... View More
answered on Jul 18, 2019
I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: www.ptla.org). Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... View More
answered on Jul 18, 2019
Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.
One year ago I made a verbal agreement I would pay one year on a car he purchased with a secured loan. I made the payments on time for one year, but now he’s bullying and harassing me saying I need to finish paying out the adorations two years. The car was $3500, and I held my end of the verbal... View More
answered on Jul 18, 2019
Verbal agreements can be enforceable under many circumstances, and this may be one of those situations, but the problem you are facing is the primary issue with verbal agreements. If there is a dispute over the agreement, then you need to prove the terms of the agreement with testimony (because... View More
answered on Jul 14, 2019
On a DV assault charge, you can earn up to 5 days of good time credit per month, so you may end up doing 50 out of the 60. It is possible if you obtained a trustee job you could get more time off as well. Thanks
-date is the day after my 18th birthday. how will i be charged? this is my first time getting a summons. i am so nervous
answered on Jul 11, 2019
If it occurred before you turned 18 and is a criminal charge, you'd be charged as a minor, not adult. If it is not a criminal charge, but a civil violation, it is not a criminal charge and the age does not matter. I hope this helps. Thanks
It was not disclosed when I bought my home that the Chinese restaurant was encroaching on my property, however, I figured it out quickly and if fact it states on my deed that they are encroaching on my property. I have been trying to deal with this for 23 years with no luck. There is now a new... View More
answered on Jul 7, 2019
You’re going to need to get a survey done to determine the proper boundaries of your property, so your first step will be to figure out how you can afford to pay for one. Have you shopped around to compare prices?
The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The... View More
answered on Jun 25, 2019
The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and... View More
I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer... View More
answered on Jun 23, 2019
I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... View More
answered on May 30, 2019
I don't know what Florida law requires, but I doubt it. If she is having an attorney draw up the deed in Florida, they will know.
Can I withhold rent if there are issues with my apartment that arent being fixed?
answered on May 27, 2019
You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... View More
I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it... View More
answered on May 24, 2019
It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... View More
She is named in the will but I don't know what is needed for her to actually own the house.
answered on May 24, 2019
The general answer is you (as PR) would need to execute and deliver a deed regarding the subject property from the probate estate to your sister. I would urge you to contact an attorney to make sure this is done correctly. My partner, Cecilia Guecia, handles matters like this. You can reach her... View More
I went into the bank second day and reported, they investigated, first I got a letter said I am not responsible, then I got another letter said I am responsible for it, plus he open checking on my name and deposited $1000 into the account and Then transferred money out. It took the bank along time... View More
answered on May 3, 2019
It is very unclear what exactly happened here; I cannot see where you have told us how much money was taken out of your account by a cash advance; and I am still uncertain if there was more than one account involved.
In any even, banks can close a client's account whenever they want... View More
She has been driving by our house at a crawl, walking around our yard, and when she thinks nobody is home, she enters the home to put notes on our stove. I just want to know if this is legal since she owns the lot and not the trailer we live in or if we can get a protection order or something to... View More
answered on May 2, 2019
To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?
That said, and subject to the terms of your lease, I would... View More
I’m buying my Moms house. She is 85 and wants to live with us but the home is small. She is giving me a deal on the home so that I can borrow more money, which she would receive and then gift me back the money so we could put on a second level. The question is, will Medicaid be able to take the... View More
answered on Apr 25, 2019
On first blush, without knowing the details, I would advise that you and your mother delay this plan until she has consulted with an Elder Law attorney who has experience with Medicaid (known in Maine as “MaineCare”) applications. The situation you described is fraught with the potential to a)... View More
in 2011 i signed our family home to my now ex husband in divorce court. i have done no other paperwork. the house is on my family land. what are my legal rights to the land at this time.? who can i talk with and how do i move forward?
answered on Apr 24, 2019
My partner, Cecilia Guecia, would be happy to speak with you about this. Her number is (207) 846-6111.
Thank you and best,
Fred
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?
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
There are no lawyers in Maine who know what to do? They took my business and the house.People say to me , " they can' t do that "? I reply " they have". MOST awful experience. So I am in first circuit and they ignore the case.18-1930. If there is an attorney out... View More
answered on Mar 30, 2019
I’m sorry, but I cannot understand your question as currently posed. If you are able to provide some additional facts, I will be happy to attempt to provide you with an answer.
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