Ask a Question

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

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Massachusetts Civil Litigation Questions & Answers
3 Answers | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: Accused of verbal threat at school, facing court with no evidence.

I have been accused of making a verbal threat during class, which I did not do. The incident started when I was playing with a hacky sack after finishing an assignment. My morning teacher did not mind, but another teacher, Mrs. Grimes, said something to me that I couldn't clearly remember. I... View More

Frank Yee Jr
Frank Yee Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025

You’ve raised a very serious issue, and you're right to be concerned. Allegations involving verbal threats at school can potentially lead not only to criminal charges but also to indefinite suspension or expulsion, depending on the school district’s policies and state law. The impact on... View More

View More Answers

2 Answers | Asked in Traffic Tickets and Civil Litigation for Massachusetts on
Q: How to clear mother's name on wrong traffic citation in MA?

My son-in-law was pulled over for speeding at 90 mph in a 65 mph zone and for failing to drive in the right lane, but the citation was mailed to his mother, including her address and driver's license number. They jointly own the vehicle, but she was 60 miles away at home during the incident.... View More

Lissa McKinney
Lissa McKinney
answered on May 20, 2025

Your son in law must attend the hearing in June, and answer when that case when his mothers name is called. If possible, bring the envelope and save it that the MV citation was mailed in. By law, tickets are supposed to be issued in hand at the time and place of the MV stop unless it is within 3... View More

View More Answers

5 Answers | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What should I do after receiving a notice for a magistrate's hearing for assault and battery in MA?

I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More

Joseph B. Simons
Joseph B. Simons
answered on May 15, 2025

Ideally, you should contact a Criminal Defense Attorney. These hearings are very important and at yours, the magistrate will decide whether you are officially charged with a crime or not. If successful, the case would be dismissed with no record of it on your criminal background. If you are... View More

View More Answers

5 Answers | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What should I do after receiving a notice for a magistrate's hearing for assault and battery in MA?

I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More

Neil F. Faigel
PREMIUM
Neil F. Faigel
answered on May 16, 2025

Your next step should be to consult with an attorney in order to prepare for the clerk magistrate hearing. This is a very important step in the case. If you can convince the clerk magistrate not to issue the complaint against you, then the matter is dismissed and you will never be formally charged... View More

View More Answers

5 Answers | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What should I do after receiving a notice for a magistrate's hearing for assault and battery in MA?

I received a notice to appear at a Massachusetts magistrate's hearing, where I am accused of assault and battery. The incident occurred in April, and witnesses were present. I went to the hospital but sustained no lasting injuries. Additionally, the police department has accused my accuser of... View More

Lissa McKinney
Lissa McKinney
answered on May 16, 2025

A & B is a misdemeanor, and you are entitled to have this preliminary hearing. The law states that you are entitled to be heard personally, or through counsel. Usually an attorney would relate all the information to the clerk that you would otherwise testify to. However, some clerks might... View More

View More Answers

1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Personal Injury for Massachusetts on
Q: Legal actions against contractor for unfinished work in Lynn, MA

I hired a contractor in March 2022 for a project in Lynn, MA, and paid $175,000 of the contracted $180,000. The contractor failed to complete the kitchen renovation and other work, resulting in water damage estimated at $25,000 and charging $20,000 for an unfinished kitchen. Despite attempts to... View More

Christopher Tolley
Christopher Tolley
answered on Feb 20, 2025

I assume you have spoken to him and made demand on him and asking for the money or the work to be corrected has been fruitless. You will have to seek the services of an attorney to pursue him legally. You may be able to obtain partial relief from the Massachusetts guaranty fund:... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Constitutional Law and Municipal Law for Massachusetts on
Q: Does a resident have to prove a hardship for a disability exception request to a local regulation (Massachusetts)?

Town has a dock permitting program (for Massachusetts owned lake) requiring dock be 25 ft from property line extended out into the water. Disabled resident has asked for exception to be closer to property line due to clear disability and related to ease of access to their dock over terrain/sand.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

In Massachusetts, when seeking a disability exception to local regulations, such as those related to dock permitting, it's often necessary to demonstrate how the exception is directly linked to accommodating your disability. This typically involves showing a specific need that arises from the... View More

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: I needed the services of a lawyer in April 2018. I met with the lawyer, had about 2 shorts phone consultations too.

He told me it will cost $1000. He represented me in court and I paid him cash the same day. He didn’t give me a receipt. He recently merged with another law firm and today I received a bill for $1000. This bill came after nearly 6 years! What now, I paid him cash and he did not give me a receipt... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

In a situation like this, it's important to first gather any evidence you have of the payment, such as bank withdrawal records around the time of the payment. Although you don't have a receipt, this evidence might help establish that you made the payment.

Next, reach out to the...
View More

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: I was victimized in a foreign country. 3 years later I was ejected from it. did that stop statute of limitations clock?

I was a university professor in a foreign country. I was the target of several criminal actions and several other possible ones. Two to three years later -- in 2008 -- I was pushed out of the country in a process that might itself have been illegal [I was ejected from a hospital]. It is now 15... View More

Thomas Shack III
Thomas Shack III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Whether being forced out of another country would toll the statute of limitations depends on the specific laws of the country/jurisdiction in question. There may be no statute of limitations at all for certain crimes/claims in the other country. If the alleged crimes were committed in the United... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: Can condo association demand keys without master deed clause?

I own and live in a condominium near Boston, Massachusetts. The condominium association has demanded a copy of all occupants' or owners' condominium keys, stating they are needed for emergencies. In my 40 years living here, there was only one incident involving someone leaving their hot... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2025

Living in a condominium means you agree to follow certain rules set out in the master deed, bylaws, and any properly adopted policies. However, those rules can’t override your basic property rights unless they’re clearly laid out and agreed upon. If there is no mention of a key requirement in... View More

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for Massachusetts on
Q: Guardian misusing DCF funds meant for me while at college. What steps can I take?

I am a 20-year-old college student receiving DCF assistance, and my legal guardian gets care checks and clothing allowances meant for me. However, these funds are not being used for my benefit. I discovered an email detailing the payment schedule, where my guardian asked about the clothing... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

You’re in a really tough and unfair situation, and it’s not okay that your guardian is misusing the funds meant to support you. Since the money is coming from DCF, you have the right to report misuse or neglect to them directly. Start by documenting everything—emails, texts, or any proof that... View More

1 Answer | Asked in Probate and Civil Litigation for Massachusetts on
Q: How can I find a pro bono probate litigation lawyer in Massachusetts for contesting a will due to undue influence?

I am an heir contesting a will in Massachusetts due to undue influence and have filed a probate objection and affidavit with the court. I have not yet been contacted by the courts, nor have I reached out to any legal aid organizations. How can I find a pro bono probate litigation lawyer to assist... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Finding pro bono legal representation for probate litigation in Massachusetts requires reaching out to several resources that connect people with volunteer attorneys. Your first step should be contacting the Massachusetts Bar Association's lawyer referral service, which maintains lists of... View More

1 Answer | Asked in Probate and Civil Litigation for Massachusetts on
Q: Can an estate executor use funds for legal defense against undue influence claims in probate?

As the executor of an estate where the beneficiaries are strangers and the will entitles me to most of the estate, I am facing a probate objection citing undue influence. There are no known legal instructions in the will regarding legal expenses or executor duties. Do I have the right to use estate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

As the executor of an estate, you may face questions about whether estate funds can be used for your legal defense. In most cases, an executor is entitled to use estate funds to pay for necessary expenses incurred while carrying out their duties, including defending against claims related to the... View More

1 Answer | Asked in Contracts and Civil Litigation for Massachusetts on
Q: Can I sue my ex-boyfriend for $10,000 loan repayment with verbal and written agreements?

I loaned my ex-boyfriend $10,000 with both verbal and written agreements that he would repay me within this year. However, there was no specific date set for repayment. He is now stating that he cannot pay me back. Can I take legal action to recover the money?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Yes, you have strong grounds to pursue legal action for the $10,000 loan repayment, even without a specific repayment date. Verbal agreements are legally enforceable contracts when they involve a clear offer, acceptance, and meeting of minds between competent parties, and having both verbal and... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Arbitration / Mediation Law for Massachusetts on
Q: Accessing trust documents when executor refuses to share after father's passing.

My adopted father passed away in early March 2025. My sister and I recently discovered that he had a trust, and his biological daughter is in charge of it. Despite numerous requests, she refuses to provide us with the trust documents. She mentioned that his own grandchildren aren't named,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

I'm really sorry you're going through this, especially after losing your father. It’s painful when someone you love passes and you’re left with more questions than answers—especially when a family member is withholding information that could affect your future. If your father spoke... View More

1 Answer | Asked in Car Accidents, Civil Litigation, Legal Malpractice and Personal Injury for Massachusetts on
Q: Didn't receive settlement after car accident involving me and girlfriend.

I was involved in a car accident along with my girlfriend and her children. Although I completed therapy after the accident, I violated my parole and was incarcerated for two years. During that time, my girlfriend received her settlement, but I did not receive any compensation. I was not part of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

I’m really sorry you’re going through this. After everything you’ve been through with the accident and your time away, it’s completely understandable to feel frustrated and left out, especially when your girlfriend already received her settlement. If your name was on the claim and you... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: Do I have to attend a hearing for a temporary restraining order?

As a defendant, do I need to show up for a court hearing regarding a temporary restraining order, or is it sufficient to just keep a far distance from the person mentioned in the order? I have not received a date to attend a hearing yet.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

If you've been named as the defendant in a temporary restraining order, it’s not enough to simply stay away from the person involved—you’ll also need to attend the court hearing once a date is set. That hearing is your opportunity to respond to the allegations and defend yourself. If you... View More

1 Answer | Asked in Probate and Civil Litigation for Massachusetts on
Q: How can I verify a non-notarized will in Massachusetts and begin probate?

My brother passed away in Massachusetts, leaving behind a simple will he drafted without a lawyer. It was signed in November last year and witnessed by two people but is neither notarized nor self-attested. The will states he had no children at the time, although he has an estranged son living as a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2025

You don’t need a notarized will to begin probate in Massachusetts. As long as your brother’s will was signed by him and witnessed by two people, the probate court can still accept it. When you file for probate, submit the original will and provide information about the witnesses; the court may... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Massachusetts on
Q: Legal rights on billing error: contractor asks for money 10 months later

What legal rights do Massachusetts consumers have when a private remodel contractor realizes a billing error and undercharges from the contract price at the substantially complete stage, and then requests the additional payment ten months later via email, without any dispute resolution terms... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2025

This kind of situation can feel frustrating, especially when you believed everything was settled long ago. In Massachusetts, contractors do have the right to request payment for work performed, even if a billing error delayed the charge. However, consumers also have strong protections—especially... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.