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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
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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

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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

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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

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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

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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
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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

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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
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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
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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
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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...
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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
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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 Civil Litigation, Criminal Law, Collections and Contracts for Massachusetts on
Q: What can I do about an outstanding arrest warrant and debt collection in MA?

I have both a civil and a criminal case against an individual in Massachusetts. In the criminal case, there is an outstanding arrest warrant against him. In the civil case, he was found at fault for breach of contract for taking my money without completing any work, and he needs to repay me.... View More

James L. Arrasmith
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answered on Nov 7, 2025

Dealing with both a civil judgment and a criminal warrant can be very frustrating, especially when the person responsible seems to face no consequences. In Massachusetts, once an arrest warrant is issued, only law enforcement has the authority to carry it out. You can contact the local police... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Massachusetts on
Q: Is probation violating a child custody court order in MA?

In my Massachusetts child custody case, the court order states that if either parent fails a drug/ETG test, their parenting time should be suspended. The mother failed both a hair test and an ETG test, while I have passed all my urine tests and provided a clean nail sample, as my hair is not yet... View More

James L. Arrasmith
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answered on Nov 5, 2025

That must be very frustrating, especially when you’ve done everything right and the court order seems clear about what should happen. In Massachusetts, probation officers are responsible for monitoring compliance with court orders, but they do not have the authority to change or reinterpret those... View More

1 Answer | Asked in Gov & Administrative Law and Civil Litigation for Massachusetts on
Q: How can I obtain records for a 1992 murder case in Framingham, MA?

I am seeking access to the case files related to my mother’s murder that occurred in Framingham, MA, in 1992. Could you guide me on how to obtain these records, particularly from the law enforcement agency that handled the case? What steps can I take, and are there any specific channels, such as... View More

James L. Arrasmith
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answered on Nov 4, 2025

I’m so sorry that you’re having to go through this. Seeking information about your mother’s case is deeply personal, and it’s understandable that you want answers after so many years. In Massachusetts, you can begin by contacting the law enforcement agency that handled the... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Massachusetts on
Q: How can I get the police to enforce our city’s noise laws? Can I get compensation for losses suffered?
James L. Arrasmith
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answered on Nov 3, 2025

If the police are not enforcing your city’s noise laws, the first step is to document the problem and make a formal complaint through the proper channels. Keep a detailed record of every disturbance, including dates, times, and how long the noise lasted. If possible, record short clips or take... View More

1 Answer | Asked in Landlord - Tenant, Environmental, Civil Litigation and Real Estate Law for Massachusetts on
Q: Can I sue DCF for not assisting with housing due to lead exposure in Massachusetts?

I have been living in an apartment in Massachusetts with lead contamination for several years, and my 5-year-old child has had high lead levels for the past three years. Despite DCF being involved from the beginning, they haven't assisted us with housing. Our landlord was informed by Boston to... View More

James L. Arrasmith
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answered on Oct 30, 2025

It’s understandable to feel angry and frustrated when your child’s health has been put at risk for so long. In Massachusetts, suing the **Department of Children and Families (DCF)** directly is difficult because it is a government agency with legal immunity in many cases. DCF’s role is to... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for Massachusetts on
Q: Was my due process violated by a motion hearing treated as a bench trial?

In a Massachusetts district court, there was a motion hearing related to my civil case, which included a motion to compel discovery, a cross-motion for a protective order, and a motion for partial summary judgment on a permissive counterclaim. The judge treated this hearing as a bench trial without... View More

James L. Arrasmith
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answered on Oct 29, 2025

From what you described, it appears that your right to due process may have been compromised, especially if the court converted a motion hearing into what amounted to a bench trial without giving you notice or the opportunity to prepare. Under both the Fourteenth Amendment and Articles 10–12 of... View More

Q: How can a judge deliver a final judgement two days after a motion hearing in Massachusetts?

I am concerned about a situation in Massachusetts where a district judge used a motion hearing intended to address a motion to compel discovery and consider an opponent's cross-motion for a protective order and partial summary judgment on my counterclaim. Two days after this hearing, the judge... View More

Lauren Joseph Wolongevicz
Lauren Joseph Wolongevicz
answered on Oct 27, 2025

I’m really sorry that happened — that would be upsetting for anyone. You’re right to question it. In Massachusetts, a judge cannot convert a motion hearing into a trial without clear notice to the parties. Doing so can violate basic due process and has led appellate courts to vacate judgments... View More

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Q: How to begin divorce after abuse and mental illness in MA?

I am seeking help to begin divorce proceedings in Massachusetts after 30 years of marriage characterized by domestic abuse and complex challenges. I am disabled, experiencing mental health issues, and financially disadvantaged. Initially disabled in 2009, I returned to work in 2011, but reconciled... View More

James L. Arrasmith
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answered on Oct 26, 2025

You start by securing safety: request an Abuse Prevention Order under G.L. c. 209A, which can include no‑contact, vacate, temporary custody and support, and firearms surrender, and make a safety plan with advocates or police. If you fear harm today, seek an ex parte order and ask the court to... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Massachusetts on
Q: Can a judge treat a motion hearing as a bench trial and deliver a final judgment without a prior announcement or explanation?

In a civil case, I attended a motion hearing in Massachusetts which was supposed to address my motion to compel discovery and a motion for partial summary judgment on a counterclaim. Surprisingly, two days later, the judge delivered a final judgment in favor of the original complaint without any... View More

James L. Arrasmith
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answered on Oct 25, 2025

What happened in your case sounds highly irregular and raises serious due process concerns. In Massachusetts, a judge cannot lawfully convert a motion hearing into a bench trial without first notifying the parties and giving them the chance to present evidence, examine witnesses, and make legal... View More

Q: Can a judge turn a motion hearing into a bench trial without notice?

I'm seeking legal advice regarding a civil case in Massachusetts where a judge unexpectedly treated a motion hearing as a bench trial without any prior announcement during the hearing itself or notice beforehand, and delivered a final judgment, causing me to lose the case. Aside from filing an... View More

James L. Arrasmith
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answered on Oct 25, 2025

What happened in your case sounds deeply unfair, and you’re right to question it. In Massachusetts, a judge generally cannot convert a motion hearing into a bench trial without giving the parties prior notice and a clear opportunity to prepare. Doing so can violate your right to due process... View More

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