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Maine Questions & Answers
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 Real Estate Law for Maine on
Q: Can my Property represent me as Pro Se in an action for a Forcible Entry and Detainer?
Fred Bopp III
Fred Bopp III
answered on Feb 25, 2019

I'm sorry, but I don't understand what you mean by "my Property represent me as Pro Se." Could you please try asking your question another way?

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 Real Estate Law for Maine on
Q: Failure to discover early issues with property ownership in 2003 Title Search cost us 2 sales and attorney’s fees to fix

I am seeking reparations for the legal fees incurred. Where do I start, who do I see?

Fred Bopp III
Fred Bopp III
answered on Feb 12, 2019

I would suggest that you collect all your important documents and other information on this and schedule an appointment to sit down with an attorney who practices in this area to determine if she or he can help you. My partner, Cecilia Guecia, practices in this area, if you are interested in... View More

1 Answer | Asked in Criminal Law for Maine on
Q: How do I subpoena a witness? How many days before trial does witness need?
Hunter J Tzovarras
Hunter J Tzovarras pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2019

You need to get a subpoena from the clerk of the court and serve it on the witness. The sheriff will serve it for a fee. There is no timeframe for serving it before trial but the sooner the better usually. Thanks

1 Answer | Asked in Real Estate Law for Maine on
Q: Blasting within 1.5 miles of home- in disclosure?

If there is a cement plant that blasts over 100 times per year (effectively twice a week) exactly 1.5 miles from a home, should that be included in a real estate disclosure?

This is a noise concern but the blasting creates large amount so of dust (I'm not sure how far that spreads).... View More

Fred Bopp III
Fred Bopp III
answered on Feb 10, 2019

A seller has a duty under Maine law to disclose "any known defects." The question is would this cover the blasting. A seller has a duty under Maine law also to disclose "the presence or prior removal of hazardous materials or elements on the residential real property . . . ."... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements

It was my cousins apartment she was on a month to month basis she couldn't afford her half of the bills and moved I still pay the rent can landlord make me move when I been paying the rent or do they have to evict me threw the courts

Fred Bopp III
Fred Bopp III
answered on Feb 4, 2019

I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law.... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days

It's been 85 and they charge us money for opening windows..we are getting no sleep and sick from this and they have been notified about it.

Fred Bopp III
Fred Bopp III
answered on Jan 29, 2019

Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?

I live in Maine. My lease doesn't say anything about designated areas for parking and they don't have signs up. My car's battery needs to be replaced that is why I can't move it.

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2019

I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?

1 Answer | Asked in Real Estate Law for Maine on
Q: Maine real estate contract and seller disclosure requirements.

After signing a contract with the seller, it was discovered there is a cement plant/quarry 1.5 miles from the property that conducts blasting over 100x a year. Between the noise, vibrations, effects on well water, and mercury emissions, should the seller (or R.E. agent) have disclosed the proximity... View More

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

For a transaction of this magnitude, you really should consult with a lawyer so that you can get a more complete answer. I can tell you that, under Maine law, a seller agent has a duty to a buyer to “disclose in a timely manner to a prospective buyer all material defects pertaining to the... View More

1 Answer | Asked in Real Estate Law for Maine on
Q: Bought a property with a person. Both names on title then the other person moved out and are pushing to buy them out.

Or sell the home I just started working again and don't have money to buy them out.

Fred Bopp III
Fred Bopp III
answered on Jan 20, 2019

This is a complicated situation and I would need more facts to give you a more complete answer. If you can sell the home, and that would solve the issue, then that may well be your simplest solution.

2 Answers | Asked in Contracts and Criminal Law for Maine on
Q: I need to remove squatters from my cabin located on leased land in the unorganized territories of Maine.

How do I go about this? Our last attempt was closed without prejudice. I do not understand the legal system and cannot afford a lawyer. Can you help me?

Fred Bopp III
Fred Bopp III
answered on Jan 14, 2019

I suggest that you contact Pine Tree Legal to discuss your situation. This website has their contact information: https://www.ptla.org/contact-us

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2 Answers | Asked in Contracts, Real Estate Law and Criminal Law for Maine on
Q: Need pro bono lawyer to represent us in Lincoln, Maine for return of stolen property to get our camp & lease back

We have squatters in our camp on leased land in the unorganized territories of Maine. We have everything we need to show the camp is ours but we do not know the legal system. Can you have a warranty deed to a building that is on leased land?

Fred Bopp III
Fred Bopp III
answered on Jan 13, 2019

I am sorry, but I do not understand your question. Could you try filling in more details?

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1 Answer | Asked in Probate, Elder Law and Estate Planning for Maine on
Q: Should I contest the amount the state of Maine wants from my deceased aunts estate?

I received a letter in the mail that the state of Maine wants 89,000 from the money left after my aunt passed away.She was in a nursing home but paid a partial amount every month out of her own pocket.The state of Maine covered the rest.The letter states that I can contest this.My question is... View More

Ben F Meek III
Ben F Meek III
answered on Jan 2, 2019

It's not possible to give meaningful guidance with such little information. Are these demands from the state related to Medicaid payments for your aunt's medical care? If not, what is the demand related to? If for medical bills, you would have to compare what your aunt paid, and... View More

1 Answer | Asked in Banking for Maine on
Q: A payee was appointed to manage my finances because I was scammed. How do I get control of my finances again?

Over a period of 1 1/2 years I lost everything to scammers. Several organizations were involved and saved me from eviction and auto repossession. A payee was appointed. It has been 5 months and my bills are almost caught back up. I want to run my own life but my mental health physician says he... View More

Fred Bopp III
Fred Bopp III
answered on Jan 1, 2019

Hello,

I am not sure this is a banking question but, in any event, it would be helpful to have some additional information. Who is the payee that is handling all of your finances currently? How was that person appointed? Have you spoken to him or her about whether you can again control...
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2 Answers | Asked in Probate for Maine on
Q: If my dad died without a will, can the probate court designate me as the executor?
Fred Bopp III
Fred Bopp III
answered on Dec 6, 2018

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.

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1 Answer | Asked in Criminal Law for Maine on
Q: Are there any instances where the police wouldn't need a warrant to search a house?
Zachary J. Smith
Zachary J. Smith
answered on Dec 3, 2018

That's a complicated question, and the answer often depends on application of various constitutional doctrines. Usually a warrant is required, but exceptions abound.

1 Answer | Asked in Foreclosure and Real Estate Law for Maine on
Q: Buying a bank owned foreclosure with a Les Pendens

We are in the process of purchasing a bank foreclosed property at auction, the property has a Les Pendens on it from a local hospital here in Maine. We paid 37,000 at auction. The preforclosure started in September of 2017, the bank wanted 160,000 so they took a large loss. The Les Pendens was... View More

Fred Bopp III
Fred Bopp III
answered on Dec 1, 2018

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,... View More

1 Answer | Asked in Child Support and Family Law for Maine on
Q: I am currently going through court for child support. Just looking for advice about parental rights.

Currently going to court for child support. Biological father did not show to first court date. Next court date in December. Just looking for advice to possibly persue parental rights

Robert Guillory
Robert Guillory
answered on Nov 29, 2018

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... View More

1 Answer | Asked in Collections for Maine on
Q: I have received emails from a company calling itself Revenue Discovery Systems.

They say they have filed a case against me. It is in regards to a payday loan. CASE FILE # D/A-497528

They spell many things wrong in their emails and use faulty grammar. They say they represent a Payday lender that has gone out of business. Am I being scammed?

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2018

It's certainly possible this is a scam, but I would need to see and review the actual documents to confirm that.

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