Massachusetts Questions & Answers by Practice Area


Massachusetts Questions & Answers

Q: Can a collection agency have you arrested?

1 Answer | Asked in Collections for Massachusetts on Jul 22, 2015

Answered on Jul 27, 2015

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David B. Levin's answer
Contact an attorney. A collection agency that threatens you with arrest if you don't make payment arrangements with them or pay a civil debt in full is in violation of the Fair Debt Collection Practices Act and possibly state consumer protection law as well. A local consumer protection attorney can assess exactly what you were told and determine whether you may have a claim for money damages.

*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department....

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Q: resident in nursing home in mass, family suing how do I find info

1 Answer | Asked in Nursing Home Abuse for Massachusetts on Sep 1, 2014

Answered on Jul 25, 2015

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Adam Studnicki's answer
Info on what? A case that was filed? Courts have case dockets that can be searched and/or clerk's offices where public case info or files can be requested. For some courts, some of this info is available online.

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Q: Im living in us for 13 years illegal no criminal record's came from mexico can i aply for a 1-601 waiver and go home

1 Answer | Asked in Immigration Law for Massachusetts on Jul 22, 2015

Answered on Jul 23, 2015

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Shan Dimitris Potts' answer
You maybe able to get a I601 waiver. Contact an immigration attorney to help you with this process. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts...

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Q: I FILED A CIVIL COMPLAINT ON 1/2015 INCIDENT HAPPENED ON 4/2011 THE CASE WAS RESOLVED 6/2012 AM I ?

1 Answer | Asked in Injury Law for Massachusetts on Jul 20, 2015

Answered on Jul 21, 2015

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Adam Studnicki's answer
Not sure how the case was resolved before it was filed, but, in any event, your question got cut off and is incomplete.

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Q: Single men 38 years old living in the usa for almost 13 years no criminal record's i have no inspection of entry in usa.

1 Answer | Asked in Immigration Law for Massachusetts on Jul 17, 2015

Answered on Jul 20, 2015

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Shan Dimitris Potts' answer
There maybe a chance but nothing can be said on this forum without knowing more information about your entry and other information. You should consider talking to an immigration attorney in private to help you with this problem. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific...

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Q: I have conditional 2years green card, petitioner withdraw the case before 2yr anniversary, can I divorce her & remarry

1 Answer | Asked in Immigration Law for Massachusetts on Jul 18, 2015

Answered on Jul 20, 2015

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Shan Dimitris Potts' answer
It is not that easy when the interviewer finds out about your first marriage. You should really consider talking to an immigration attorney about this to talk further about this. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you...

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Q: How long does it generally take to get a ruling on a Writ of Habeous Corpus? We filed in federal court in March

1 Answer | Asked in Immigration Law for Massachusetts on Jul 20, 2015

Answered on Jul 20, 2015

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Shan Dimitris Potts' answer
It is different for different states, you should call the local criminal court to ask them this question. This forum is an immigration forum. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will...

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Q: My condo is in my name and the deed. Will I have to move or buy her out

1 Answer | Asked in Divorce for Massachusetts on May 4, 2015

Answered on Jul 15, 2015

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Christopher J Finn's answer
It is possible, but very much dependent on the facts of your case. Things like the length of your marriage, when it was purchased, what the equity (if any) is, all are things we would want to know. Judges divide property equitably (fairly) so they will consider a number of different factors in making a determination on what to do with your condo. Without knowing more it would be difficult to advise you on what will happen, but there are oftentimes a number of options with what to do with...

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Q: 2 women married legally for 8 yrs one leaves the home due to infinfidelity.the home was owned previously by the one that

1 Answer | Asked in Divorce for Massachusetts on May 13, 2015

Answered on Jul 15, 2015

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Christopher J Finn's answer
Unfortunately, this type of question is heavily fact dependent. The quick answer, without knowing more, is judges will divide property equitably (fairly) regardless of the name on the deed, bank account, retirement account, or whatever assets are owned. This means that it is possible that the person who is not listed on the deed may have a right to a portion of the equity in the home.

Also, it is entirely possible that alimony, or even child support could be issues in this case, but...

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Q: What are the residency requirements in Massachusetts in order to file for divorce on the grounds of adultery?

1 Answer | Asked in Divorce for Massachusetts on Jun 24, 2015

Answered on Jul 15, 2015

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Christopher J Finn's answer
If you were married in Massachusetts, or the cause of divorce occurred in Massachusetts, you can file for divorce immediately. If you were not married in Massachusetts and the cause of divorce occurred outside of Massachusetts, you must reside in Massachusetts for 1 year before filing.

I would suggest that you speak with an attorney on this because procedural requirements and interpretation of where the "cause" of divorce occurred can be tricky. Also, it is not always in one's best...

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Q: My wife is asking for a divorce. I don't want to get divorced with two kids. What options do I have in Massachusetts?

1 Answer | Asked in Divorce for Massachusetts on Mar 6, 2015

Answered on Jul 15, 2015

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Christopher J Finn's answer
I know that this was asked a few months back but on the chance you are still curious I can provide an answer for you. You are correct in stating that Massachusetts has no-fault divorce. That basically means that as long as one person can stand in front of a judge and state that the marriage has been irretrievably broken down, the judge can grant a divorce regardless of the opinion or wishes of the other spouse. There are a lot of things that can be done to protect your interests in the...

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Q: Do I still own my code?

1 Answer | Asked in Intellectual Property for Massachusetts on Jun 13, 2015

Answered on Jul 14, 2015

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Adam Studnicki's answer
The contract could be a problem. Best to have a local lawyer review and advise.

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Q: Im a us citizen and my mom has been living with me.Shes living to mexico in 2 weeks. Can I apply for her permanent resid

1 Answer | Asked in Immigration Law for Massachusetts on Jul 10, 2015

Answered on Jul 14, 2015

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Shan Dimitris Potts' answer
Yes, you can. The process might take a long time. You should consider talking to attorney before your mom leaves so you can get an idea of what the best option would be for your mom. All the best.

"15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give...

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Q: A collection agency is threatening me with a lawsuit. Is it too late to file for bankruptcy?

2 Answers | Asked in Bankruptcy for Massachusetts on Jul 8, 2015

Answered on Jul 9, 2015

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Kevin W. Chern Esq.'s answer
No. If the underlying debt can be discharged in bankruptcy (and most unsecured debts such as medical bills, credit card debt, old utility bills, etc. can be), then the debt can still be discharged if there is a lawsuit in progress, or even if the debt has already been reduced to judgment.

In most cases, an automatic stay takes effect as soon as a bankruptcy case is filed, and that stay prohibits further collection action. Thus, if a collection agency was planning to file a lawsuit, a...

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Q: my car was hit by a hit & run driver. she is summoned to court. I'm without a car & stressed. Can I sue?

1 Answer | Asked in Car Accidents for Massachusetts on Jul 2, 2015

Answered on Jul 4, 2015

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John M DeProspo's answer
If she has insurance make a claim against her insurance company. If she is uninsured and you have collision coverage on your policy, make a claim with your insurance company. If you were injured in the accident, contact a personal injury lawyer in your area.

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Q: I'm disabled, ergo no funds and can't walk. Is there a lawyer willing to walk me through step by step on how to sue?

1 Answer | Asked in Injury Law for Massachusetts on Jun 29, 2015

Answered on Jul 4, 2015

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John M DeProspo's answer
You should seek a free consultation with a medical malpractice lawyer in your area. You can try the "find a lawyer" tool on this site to search for lawyers. A word of advice... if you are thinking of bringing a medical malpractice case on your own, think twice.

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Q: I have a bk that was discaharged 3 years ago and they are still hanging onto an asset that they can't sell. I

1 Answer | Asked in Bankruptcy for Massachusetts on Jul 2, 2015

Answered on Jul 2, 2015

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Kevin W. Chern Esq.'s answer
The Bankruptcy Code allows a debtor to file a motion to compel abandonment of an asset, if that asset is "burdensome to the estate" or "of inconsequential value". If the trustee has been unwilling to voluntarily abandon the asset, he or she may oppose the motion and attempt to persuade the court that the asset doesn't fall within that description.

*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services...

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Q: My sister-in-law is a derivative beneficiary for petition(i-130) that I filed for my brother.

1 Answer | Asked in Immigration Law for Massachusetts on Jun 19, 2015

Answered on Jun 21, 2015

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Camlinh Nguyen Rogers' answer
Seek for advice from an experience attorney. Good luck. www.aba-us.com

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Q: Can I withdraw from 401k while on SSDI? Or will it affect my monthly benefits?

1 Answer | Asked in Social Security for Massachusetts on Jun 18, 2015

Answered on Jun 19, 2015

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Camlinh Nguyen Rogers' answer
Seek for advice from an experienced social security attorney or locate answers from the Social Security Administration. Good luck. www.aba-us.com

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