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Maine Questions & Answers
1 Answer | Asked in Personal Injury for Maine on
Q: If one is over-served alcohol at a casino and pass out, then they call ambulance,are they liable for medical bills?
Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

A Maine attorney could advise best, but your question remains open for two weeks. It could depend on the breadth and scope of the state's Dram Shop laws. These laws can differ from state to state. They are commonly applied in settings involving third-party victims, as in motor vehicle... View More

1 Answer | Asked in Real Estate Law and Probate for Maine on
Q: finding a deed when it is not at the registry of deeds because it was unorganized territory we have a will giving it to

husband and brother were given land over 40 years ago. it is in unorganized territory which subsequently became indep. there is not a place in centerville to obtain land records any more. we have been to the court house and there is no record of the deed. all parties that were grantors are... View More

Anthony M. Avery
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answered on Apr 19, 2023

I have no idea what County you are referring to. But if no recorded Deed is in in existence, then the heirs might make claim (possibly arguing by adverse possession) and file a Quiet Title suit with publication notice. If the Will was Probated, then the Probate Court is your source of title and... View More

1 Answer | Asked in Government Contracts and Gov & Administrative Law for Maine on
Q: What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already s

What is the role of the common law in aviation, particularly given that the aviation industry, and pilots, are already subject to significant, specific federal regulation?

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2023

A Maine attorney could answer best, but your question remains open for four weeks. You're right about federal regulations from agencies such as the FAA or TSA already applying. But as in other transportation sectors, there are contract, tort, and other matters involving the aviation industry... View More

1 Answer | Asked in Contracts for Maine on
Q: A buyer signed a contract to pay for equipment but he stopped paying can I put a lien on his property if he doesn't pay?

The buyer signed a contract to make payment of equipment. He signed the contract under his name not a LLC or corp. He decided to stop making payments on the equipment and is 80k behind on payments. Can I put a lien on his personal property and home to force him to pay what he owes or do I have to... View More

Fred Bopp III
Fred Bopp III
answered on Mar 21, 2023

You will probably have to file a lawsuit. Depending on the relevant facts, however, you may be entitled to a mechanic’s lien. Maine law provides that “[w]hoever performs labor or furnishes labor or materials, . . . or performs services as a[n] . . . owner-supplier of equipment used in erecting,... View More

1 Answer | Asked in DUI / DWI and Constitutional Law for Maine on
Q: Does a state have the right to take your blood in an alcohol related driving offense?
James L. Arrasmith
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answered on Mar 11, 2023

The legality of blood tests in alcohol-related driving offenses varies by state in the United States. In some states, there are implied consent laws that require drivers to submit to a blood test if they are suspected of driving under the influence. In other states, a warrant is required to compel... View More

2 Answers | Asked in Constitutional Law and DUI / DWI for Maine on
Q: Do States ( Maine) have a constitutional right to take blood from a persons in order to prove driving under the influenc

Seams like a violation of the persons body

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

With a warrant, they can.

Implied consent laws are also constitutional. For example, by law a state can make cooperating with a blood alcohol test a condition of the privilege of driving, but the penalty for a subsequent refusal is limited to the loss of the privilege....
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2 Answers | Asked in Constitutional Law and DUI / DWI for Maine on
Q: Do States ( Maine) have a constitutional right to take blood from a persons in order to prove driving under the influenc

Seams like a violation of the persons body

James L. Arrasmith
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answered on Mar 11, 2023

The U.S. Supreme Court has ruled that the warrantless taking of blood for alcohol testing is permissible in certain circumstances, such as where exigent circumstances exist, such as when a delay in obtaining a warrant would result in the destruction of evidence (i.e. the dissipation of alcohol in... View More

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord ask for more security deposit without proof that repairs have cost more than you deposit after signing

Landlord has asked for more security deposit claiming we have cussed more damage than the deposits but will not provide receipts for the repairs and no repairs have been done over 100$

Fred Bopp III
Fred Bopp III
answered on Feb 26, 2023

The first place to look for the answer to your question is the lease – if you have one. The lease terms should address this. If the lease terms do not or if you do not have a written lease, then Pine Tree Legal has this to say: Security deposits are your money that a landlord is just holding.... View More

2 Answers | Asked in Criminal Law for Maine on
Q: If sentence was 9 months one day, how much time would one do with good time?

Originally arrested for aggravated assault domestic violence sexual misconduct only pled to aggravated assaults while on probation after serving sentence of 5 years all suspended but 5 months He broke. PFA and caught new charges for driving without a license habitual offense

Hunter J Tzovarras
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answered on Feb 22, 2023

You can receive up to 7 days a month for good time credit. However, domestic charges, and some other charges, only allow for 5 days of good time per month. The application of good time credit is decided by the Department of Corrections, not Court. I hope this helps answer the questions.

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1 Answer | Asked in Contracts, Family Law, Civil Rights and Identity Theft for Maine on
Q: How do I find out if my family forged my signature on a power of attorney? How do I find out if I have 1?

I'm pretty sure my grandparents Forged my signature on a power of attorney and are also illegally video&audio monitoring me amongst other tracking ect... I'm 29.

I would never sign one and I have knowledge of past signature forgeries.

How do I find out if I have one... View More

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.

When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can another tenant put up a camera in a shared back yard? Nothing in lease. What forms do I need to sue?
Fred Bopp III
Fred Bopp III
answered on Feb 19, 2023

I previously answered a very similar version of this same question and my prior answer should be helpful here. As far as your request for forms needed to sue, here is a link to the State of Maine Judicial Branch Court Forms Search web page:... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Maine on
Q: Can a tenant put up a camera that is shared by two separate tenants. Is it a privacy issue?

I don't want to be recorded while in the back yard. Can he be made to take it down legal and if so how do I go about doing it?

Fred Bopp III
Fred Bopp III
answered on Feb 17, 2023

Your question is missing a number of critical facts. Are you the landlord? Do you own the building the tenant is in? Do you also live in that building? Is it your backyard? Is the tenant putting the camera on the outside of the building?

As a general matter, the first place to look for...
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1 Answer | Asked in Probate, Foreclosure and Landlord - Tenant for Maine on
Q: My mom and a house mate bought a house together. The housemate file chapter 7 of part of the house that she owns mom pas

Away and now I don’t know what to do. Nothing was in place no well, no nothing.

Daniel J. Eccher
Daniel J. Eccher
answered on Feb 17, 2023

Your mother's half of the house is now part of her probate estate, so you (or another heir) need to open probate by filing an application with the local probate court to be appointed as "Personal Representative" (PR; formerly known as "Executor") of her estate. Then, you... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord options if they miss required window to notify tenant of increase in rent

As a landlord, if I ask a tenant to pay a higher monthly rent upon renewal of the lease, but I notify the tenant of my increase after the state of Maine required 45 days notice and the tenant refuses to accept my proposed increase, can I choose not to renew that lease and then find new tenants who... View More

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2023

It depends on how you do it and what the terms of the current lease and your notice of rent increase provide. I would need to review the current lease and the notice of rent increase to provide you with an accurate and more complete answer. As a general matter, however, if you make it clear the... View More

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Maine on
Q: What is the eviction process like in a probate related case?
Daniel J. Eccher
Daniel J. Eccher
answered on Jan 19, 2023

The eviction process in a probate case is very much like the usual eviction process, with a couple of key differences. Usually, it is the Personal Representative of the estate who stands in the shoes of the landlord. The Personal Representative gives the tenants facing eviction proper notice, and... View More

3 Answers | Asked in Bankruptcy, Consumer Law, Tax Law and Arbitration / Mediation Law for Maine on
Q: Q: File bankruptcy or hire a debt company like freedomdebtrelief (d0t) com? Unemployed, 61yrs w/~54k in cc debt.

Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

Robert Keyes
Robert Keyes
answered on Dec 23, 2022

Several thoughts.

First - if your only income is Social Security and you have no significant assets you don't need to do anything since creditors cannot garnish SS income.

Second - I have never had a client who had anything good to say about debt consolidation companies....
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3 Answers | Asked in Bankruptcy, Consumer Law, Tax Law and Arbitration / Mediation Law for Maine on
Q: Q: File bankruptcy or hire a debt company like freedomdebtrelief (d0t) com? Unemployed, 61yrs w/~54k in cc debt.

Unemployment runs out before I can collect social. I have no 401k or savings, I can't pay the minimums and don't know even know which debt companies are reputable? Does using a debt company prevent me from applying another recourse later?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 19, 2022

I've had several clients tell me that they've tried "debt relief" companies, but none were happy with the results (if any).

The going rate for a Chapter 7 bankruptcy filing, for attorneys fees plus court costs, is about $2,000, for a simple, straightforward case....
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1 Answer | Asked in Construction Law and Criminal Law for Maine on
Q: Does the three different good time laws in Maine violate constitutionality and or are they discriminatory!
Hunter J Tzovarras
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answered on Dec 1, 2022

I do not believe these laws have ever been challenged in court. Since good time is determined by the Department of Corrections and not considered part of the sentence but an administrative determination by stature, the Court may not find a constitutional violation in the difference statutes. You... View More

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Timothy Denison
Timothy Denison
answered on Nov 26, 2022

Find the car, repossess it if your name is on it, then sell it and pay the proceeds on the loan. There’s really no other way for you to get out from paying its. If your name is not on the title, then you’ll need to sue her to resolve this.

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Maine on
Q: What are my options for getting out of this cosign situation?

I cosigner a car loan a few years ago with my girlfriend at the time. We broke up, and she refused a pay it, and has been on the run to stop ot from getting repossessed. I can't afford to pay it. What are my options? I live in maine.

Fred Bopp III
Fred Bopp III
answered on Nov 27, 2022

I agree with Attorney Denison's answer. The only thing I would add is you could always contact the lender, explain the situation, and see if they will remove you from the loan under any set of circumstances.

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