Massachusetts Questions & Answers

Q: we are currently in foreclosure, but have not heard from the atty representing the bank for several weeks. Can we sell ?

1 Answer | Asked in Foreclosure for Massachusetts on
Answered on Feb 10, 2019
Christopher Tolley's answer
The attorney general and banking commissioner both have foreclosure units. You should contact them and legal services. If you are willing to sell the house, you may be able to work something out with the bank's attorney to get time to do so.

Q: I am trying find if there is a law in Massachusetts that says you cannot charge for services not rendered.

1 Answer | Asked in Consumer Law for Massachusetts on
Answered on Feb 9, 2019
Zachary Alan Waksman's answer
Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some actions are 93A violations as a matter of law.

Right now, more information is needed. Was there a contract memorializing what you were supposed to get? Were there any other issues that arose which...

Q: Can an insurance company deny coverage if the driver was unauthorized?

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Car Accidents for Massachusetts on
Answered on Feb 7, 2019
Peter Munsing's answer
Unless her son stole it he would be authorized. Its baloney. Suggest you provide estimates for repair, file a complaint with the insurance commissioner. Depending on the nature of the denial you may have claims under

Sec. 93 A of the MGL.

Q: Annuity

1 Answer | Asked in Elder Law for Massachusetts on
Answered on Feb 5, 2019
Lillian J. LaRosa's answer
The usual answer would be that it is too late to do so if she will be in need of nursing home care within 5 years These are MassHealth/Medicaid issues which have complexity and you should discuss the entire set of facts involved with an Elder law practitioner who specializes in that particular topic because Elder law is a broad area.

Q: Difference between false arrest and false imprisonment?

1 Answer | Asked in Civil Litigation and Civil Rights for Massachusetts on
Answered on Jan 31, 2019
Gary Kollin's answer
It is amazing what you can find on the internet by googling

https://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html

Q: I am going through a divorce. I can't afford a lawyer or qualify for a free one I am 61 years old. Do I need a lawyer?

1 Answer | Asked in Divorce and Domestic Violence for Massachusetts on
Answered on Jan 31, 2019
Christine G. DeBernardis' answer
You can certainly proceed without counsel. If you cannot afford an attorney, check with your local court to see if they have an "attorney for the day" program or legal aid to assist.

Q: Hi, I filed 1-B divorce and want to chane to 1-A, i dont understand the Motion-to-Amend form (all other forms are done)

1 Answer | Asked in Divorce for Massachusetts on
Answered on Jan 28, 2019
Lillian J. LaRosa's answer
You would need to file a Motion to Amend your Divorce Complaint to a 1A Joint Petition and file a Joint Petition for Divorce and the Affidavits of Irretrievable Breakdown .

Q: Both parents have been court ordered to use Our Family Wizard. One parent refuses. What do I do?

1 Answer | Asked in Family Law and Child Custody for Massachusetts on
Answered on Jan 28, 2019
Lillian J. LaRosa's answer
The other parent appears to be in violation of a Court Order and you can file a Contempt Complaint in order to obtain action from the Court that will address the non-compliance in terms of its effects on the child's bet interests. If you have counsel and there is a contempt finding against the other parent the Court would also order your counsel fees to be paid.

Q: my name is spelled with a typo in a patent. How do I fix that?

3 Answers | Asked in Patents (Intellectual Property) for Massachusetts on
Answered on Jan 24, 2019
Kevin E. Flynn's answer
Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an inventor with that name and it will take some steps to change this. The assignee of the patent will need to handle this and they may need signatures from the other co-inventors.

The fix may...

Q: Can you remove a no contact order and no abuse order that was given by a judge while going through a criminal case?

1 Answer | Asked in Criminal Law for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
You may choose to contact the DA's office to inform them of your preferences, and if you so decide, you would be wise to communicate this through your own attorney for your own protection. The DA decides whether to pursue criminal charges, and they may decide to subpoena you to testify against your ex. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my...

Q: AN OLD FRIEND OF MINE STOLE MY DEBIT CARD AND WHEN I CONFRONTED HER SHE WONT GIVE IT BACK

1 Answer | Asked in Criminal Law and Identity Theft for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Nobody can predict what the police will do. If she stole your property, you can report this theft to the police. You would be wise to consider reporting this to your bank to protect your assets. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...

Q: Can I legally perform mediation for divorce from my husband if both of us agree on the terms?

1 Answer | Asked in Arbitration / Mediation Law for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Mediation involves a 3rd party neutral professional. It seems you're considering a marital settlement agreement via negotiations with the dad. Child custody orders, including child support, should be issued by a Court to be legally valid. See: https://www.mass.gov/info-details/massachusetts-law-about-child-custody-and-parenting-time. You may be wise to have a lawyer handle these negotiations, draft a proposed settlement agreement, and file it in Court seeking an Order on the agreed terms. This...

Q: What does this mean?

2 Answers | Asked in Contracts for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Context is key. Have a lawyer review the entire contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in California, New York, Massachusetts, Washington State, and the District of Columbia in the following areas of...

Q: My mom passed away, and my cousin said she’d help by making a gofundme to help me pay for the expenses of her affairs...

1 Answer | Asked in Estate Planning for Massachusetts on
Answered on Jan 24, 2019
Ali Shahrestani, Esq.'s answer
Have you opened a Probate matter in Court to deal with these burial and other inheritance issues? See: https://www.mass.gov/orgs/probate-and-family-court. It's a good idea to hire an attorney to navigate these issues along with any issues re: the validity of the charitable donations, the funeral home expenses, and the money held by your aunt re: the services. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...

Q: Am I obligated to return it or at any risk of any legal actions being taken against me?

1 Answer | Asked in Constitutional Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You describe the money as a gift. Were there conditions to which you agreed in exchange for the funds? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

Q: My neighbors dog keeps doing his duty on my lawn even though I've asked him not to. What can I do?

1 Answer | Asked in Civil Litigation for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Perhaps a cease and desist letter from a lawyer may be the best first step, otherwise you might consider suing for trespass though that may be drastic. Have you considered a fence? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...

Q: We need to set up an LLC for our business. What type of lawyer do we use for that? What is the average cost to do so?

1 Answer | Asked in Business Formation and Business Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
A business lawyer such as myself handles such issues as business formation, but it's key to also consider having a lawyer draft crucial contracts that you may need in dealing with employees and other 3rd parties, review your business for compliance with related laws, consider Intellectual Property issues, draft Partnership agreements, and offer some litigation prevention strategies. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...

Q: Can I get my neighbor to pay for damages to my basement due to his water heater leaking?

1 Answer | Asked in Real Estate Law and Small Claims for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may be able to sue the neighbor for negligence and/or trespass in small claims court. See: https://www.mass.gov/small-claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: Signed contract is dated a year out 11/19 for an agreement today 1/19. Is it valid? Or may we cancel with no violations?

1 Answer | Asked in Contracts for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
If she is not performing the duties under the contract, that might qualify as breach of contract. It's key to have a lawyer review the contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in...

Q: Does an employer have a right to terminated your employer due to unsatisfactory work performance and gender?

1 Answer | Asked in Employment Law for Massachusetts on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
It's illegal to discriminate based on gender, but I'm not sure I hear evidence relating to that in your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law:...

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