Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maine Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Maine on
Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

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

Robert Guillory
Robert Guillory
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

1 Answer | Asked in Real Estate Law for Maine on
Q: Days away from closing a house when the power of attorney was questioned. can’t be sold. Sue for appraisal/inspection $?

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

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord shut water off morning after paying rent; won't answer his door or phone and have left notes on his door.

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

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Contracts for Maine on
Q: Is it okay to write a contract even after work has begun?
Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My tenant passed away and was 3 months behind on rent. Can I still get the money from his family?
Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Foreclosure for Maine on
Q: When is a mortgage payment considered past due allowing the financial institution to bring a foreclosure proceeding?
Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Arbitration / Mediation Law for Maine on
Q: Can I request a mediator in my eviction case at any time?
Thomas A. Grossman
Thomas A. Grossman
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

View More Answers

1 Answer | Asked in Banking for Maine on
Q: What are the rules on limits to finance charges for credit card?
Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Civil Litigation for Maine on
Q: How do I get my name off a creditor lawsuit?
Fred Bopp III
Fred Bopp III
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?

1 Answer | Asked in Collections for Maine on
Q: What's the statute of limitations for filing a debt collections suit?
Fred Bopp III
Fred Bopp III
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.

1 Answer | Asked in Consumer Law for Maine on
Q: Does lemon law only apply to used cars? What about a golf cart?
Fred Bopp III
Fred Bopp III
answered on Nov 9, 2018

Yes, it applies to used cars, but not to golf carts.

1 Answer | Asked in Appeals / Appellate Law for Maine on
Q: What's the process for appealing a probate decision.
Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Bankruptcy for Maine on
Q: Is there any way to recover rent owed from a tenant that's filed for bankruptcy?
Fred Bopp III
Fred Bopp III
answered on Nov 9, 2018

Under certain circumstances, yes, but I would need more facts to give you a more specific response.

View More Answers

1 Answer | Asked in Real Estate Law for Maine on
Q: My condo association violated the State of Maine Condo act by not preparing a budget and is now demanding a huge sum.

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

Fred Bopp III
Fred Bopp III
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.

1 Answer | Asked in Small Claims for Maine on
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

refile in regular court?

Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Real Estate Law for Maine on
Q: Can you seek an easement if you're a renter and there's no way to drive off the property you're renting?
Fred Bopp III
Fred Bopp III
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

View More Answers

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord changed lease to have us pay electric but not other tenants, shared water heater and common area on our bill.

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

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Small Claims for Maine on
Q: The man I had a verbal agreement with to grow my 6 plants on his land is now not allowing me to harvest my crop.

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.

Fred Bopp III
Fred Bopp III
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

1 Answer | Asked in Real Estate Law for Maine on
Q: In Maine, if a buyer defaults on a purchase and sales agreement and does not purchase the home - what can the seller do?

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

Fred Bopp III
Fred Bopp III
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

2 Answers | Asked in Estate Planning for Maine on
Q: What are you recommendations for writing an Advanced Health Care Directive on my own?
Fred Bopp III
Fred Bopp III
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.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.