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We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck... View More
answered on Nov 26, 2018
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... View More
they want us to sign a termination of the p and a to get out earnest money back. It says we won’t hold the broker or licensee liable. Should we sign or not? We just want the $1600 we paid on a house that couldn’t be sold in the first place
answered on Nov 23, 2018
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... View More
We have all receipts from rent payments, plus we gave him a phone and internet services from our set-up. His other tenant has not paid for some time now, I understand if he wants to shut her water off, but he doesn't have 2 separate shut offs for the water. My boyfriend and I are going on 2... View More
answered on Nov 21, 2018
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... View More
answered on Nov 10, 2018
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... View More
answered on Nov 10, 2018
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... View More
answered on Nov 10, 2018
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... View More
answered on Nov 10, 2018
Without knowing more about this matter, you probably can request a mediation (many courts now offer mediation as a choice), but it will have to be set up by a mediator, and the Court usually picks the mediator. I assume you are in civil court, as I don't think small claims court offers a... View More
answered on Nov 10, 2018
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... View More
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?
answered on Nov 9, 2018
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.
answered on Nov 9, 2018
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... View More
answered on Nov 9, 2018
Under certain circumstances, yes, but I would need more facts to give you a more specific response.
I asked condo association board why there is no budget for an assessment for an expensive project while they demanded immediate payment for a sewer project to replace an already working sewer main. They want thousands immediately and another $5k in 30 days after project completion. I am a senior on... View More
answered on Nov 7, 2018
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.
refile in regular court?
answered on Nov 5, 2018
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... View More
answered on Nov 5, 2018
I'm not sure there is any definitive case law in Maine in this issue, but I do know, in at least some other jurisdictions, courts have held that only an owner, and not a renter, can seek an easement. That is because the renter's use generally inures to the benefit of the property owner.... View More
Our original lease with previous owner included all utilities. After being bought by new owner, landlord started requesting extra $ from us for the electric bill. A few months ago landlord forced us to sign new lease, lowering rent by $50, but putting electric in our name (bill averaging... View More
answered on Nov 3, 2018
Generally speaking, once you signed the new lease, you're bound by its terms, unless, for example, you have a claim that you were under duress at the time you signed it (which is very difficult to prove). I would suggest contacting CMP to see if they can help you sort out exactly what portion... View More
He answered a Craigslist ad I put out, I've got texts showing our working relationship & pics of me on his property w the plants.
answered on Nov 3, 2018
Assuming you can prove that a valid contract was formed, you can likely sue for your damages, but you will need to provide evidence supporting the amount of any damages you claim. It is probably unlikely that you could sue for specific performance unless no other remedy (such as an award of money... View More
We made an offer to purchase a house waiving the inspection period. If we are no longer comfortable purchasing the house (and the seller is not interested in accepting a withdrawal), what is the most they can do?
Obviously they keep the deposit. Can they sue? For the purchase price? For... View More
answered on Nov 3, 2018
The answer will depend, first and foremost, on the terms of the purchase and sale agreement and, more specifically, the remedies provided to the seller under that document. Generally speaking, the seller typically can keep the deposit in lieu of filing a lawsuit, but the seller may also (in the... View More
answered on Nov 3, 2018
You should really sit down with an attorney who practices in this area and discuss your objectives. My partner, Cecilia Guecia, has considerable experience in this area and I am sure she would be happy to talk with you. She can be reached at (207) 846-6111.
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