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Massachusetts Civil Litigation Questions & 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
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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 Landlord - Tenant and Civil Litigation for Massachusetts on
Q: Facing what seems to be illegal eviction in MA due to lease misunderstanding and unresolved maintenance issues.

I am dealing with a complex and distressing eviction case in Massachusetts, which I believe to be illegal and unfair. The issue started in June 2024 when my previous landlord initiated eviction proceedings based on a misunderstanding about my lease renewal and move-in date. I moved from unit 3 to... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're facing a challenging situation, and there are a few steps you can take to protect yourself. First, ensure you have all documentation related to your lease, including any communication with the landlord and records of your move-in dates. This will help clarify the... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Massachusetts on
Q: Lien expired on plaintiff's home; can I renew it in Massachusetts?

I was awarded attorney's fees in a civil lawsuit in Massachusetts, and we placed a lien on the plaintiff's home in 2017. However, the lien expired two years ago. Today, when I tried to renew the lien, I was informed that it expired due to the statute of limitations. Can I file a request... View More

James L. Arrasmith
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answered on Apr 13, 2025

You're not alone—many people find themselves caught off guard when lien deadlines pass quietly. In Massachusetts, a lien from a judgment typically lasts **six years** from the date of entry, unless it’s renewed or extended. Once the lien has expired due to the statute of limitations, it... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Massachusetts on
Q: What to expect and do in court for shoplifting arrest in MA?

I, along with two friends, were caught shoplifting at a Target in Fenway, totaling about $1,500 in merchandise. We were arrested and taken to Nashua Jail, processed, and then released on personal recognizance bail. I am 19, and my friends are 18 and 21. We have no prior charges. Our court hearing... View More

James L. Arrasmith
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answered on Apr 13, 2025

When you appear in court, you’ll likely be asked to enter a plea of "guilty," "not guilty," or "no contest." Since this is your first offense, it's a good idea to plead "not guilty" if you're unsure about the charges or penalties. The judge will... View More

1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Massachusetts on
Q: I received $60k as heir, later found not biological daughter. No will, no formal request for repayment yet. Options?

I believed my father was my biological father; we were estranged until I was 40 but developed a father-daughter relationship for 5 years until he passed away. I was listed as an heir to his estate and received about $60k in distributions over 6 years. Recently, I was asked to take a DNA test to... View More

James L. Arrasmith
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answered on Apr 12, 2025

The situation you’re facing is undoubtedly complex, but there are options to consider. Since there was no will and you were listed as an heir, it's important to understand how the estate was being handled and under what legal framework. Typically, if you were treated as a legal heir and... View More

1 Answer | Asked in Contracts, Civil Litigation and Public Benefits for Massachusetts on
Q: Does my girlfriend have a claim against me for stopping financial support after verbal agreement?

I have been financially supporting my girlfriend, whom I am in a long-distance relationship with, since she lost her job in 2023 shortly after we started dating. I covered all her expenses, expecting it to be temporary while she searched for a job. Despite applying for jobs, she hasn't... View More

James L. Arrasmith
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answered on Apr 12, 2025

Based on the information you’ve provided, it seems that your financial support was based on a verbal agreement, which can be difficult to enforce legally. While verbal agreements can be binding in some situations, the lack of a formal written contract makes it harder to prove the exact terms of... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Massachusetts on
Q: Why did I receive an unexplained $100 check from a company?

I received a check for $100 from a company I have never done business with. The check came with no explanation or additional information, except it has "Deposit - my address" written on it. I have not contacted the company yet. What could be the reason for receiving such a check, and what... View More

James L. Arrasmith
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answered on Apr 12, 2025

Receiving an unexpected check can be confusing, especially with no explanation attached. The check could be part of a refund, a promotional offer, or even a mistake, such as an error in a billing process or overpayment. It's also possible that it could be related to a class-action settlement... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Massachusetts on
Q: Does placing notice on door count as proper notice if lease specifies email notice for entry in Massachusetts?

In Massachusetts, my lease for a multi-tenant apartment mentions that the property owner can enter with 24-hour notice, typically provided by email. However, twice now, the notice has been given by placing a piece of paper on my door for property showings by a real estate agent. On the previous... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Massachusetts, if your lease specifically states that notice for entry must be given by email, then placing a notice on your door likely does not meet the lease requirements. The lease terms are legally binding, and if the landlord or agent isn't following them, you have the right to raise... View More

1 Answer | Asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Massachusetts on
Q: Seeking relief from firearm disabilities in MA with a felony conviction.

I am seeking relief from firearm disabilities through the state or courts in Massachusetts. I understand that the Firearm Licensing Review Board (FLRB) will not review applications for felony convictions. I have a felony conviction, and I am looking for guidance on what legal options may be... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Massachusetts, a felony conviction does create significant challenges when seeking relief from firearm disabilities. As you mentioned, the Firearm Licensing Review Board (FLRB) will not review applications involving felony convictions. However, there may still be some potential legal avenues for... View More

1 Answer | Asked in Real Estate Law, Personal Injury and Civil Litigation for Massachusetts on
Q: Liability for car damage in shared driveway during snowstorm

I share a common driveway with six neighbors, and the section of the driveway where the accident occurred is owned by Neighbor A. During a snowstorm, Neighbor A's daughter was obstructing the uphill section of the driveway as she struggled to drive up. She made several unsuccessful attempts... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2025

A Massachusetts attorney could advise best, but your question remains open for a month. This is a difficult setting. You could raise the argument that had she let you pass, the accident would not have occurred, and that you had reason to be anxious about being struck by her. She could raise the... View More

Q: rules of engagement with reporting substandard living to local BOH . inspected and confirmed no enforced. Recourse ?

9 inspections

Compliance word orders issued and ignored and not enforced

Lied about suing my landlord

Then refused to inspect or follow up

Refused to provide me inspection reports

Told me sarcasticly “good luck in court “

I have 50 active... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this challenging situation. It’s important to keep detailed records of all communications and violations you've documented. This evidence can be crucial when presenting your case.

Consider reaching out to a local tenant rights...
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1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: I am looking for an attorney who can assist me legal guidance with a interpleader case regarding surplus funds.
Tim Akpinar
Tim Akpinar
answered on Dec 17, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. It is difficult for attorneys here to offer their services in response to your request - the format is limited to Q & A. If you're looking for an attorney, you would need to reach out to law firms. You... View More

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: Do I need to answer letters from the lawyer of the person/company I am suing?

I have filed a small claim against my former landlord for not remitting the full security deposit to me. His lawyer mailed me a letter with the security deposit amount that the landlord had previously (I asked him via email twice) refused to give me.

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2024

A Massachusetts attorney could advise best, but your question remains open for a week. The short answer in most settings is "yes." It looks like it would make sense for you to contact them, as your lawsuit seems to have accomplished its purpose... unless there are more details to the... View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Massachusetts on
Q: I got a 30 day notice to quit can I just move out without giving a 30 days notice?
James L. Arrasmith
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answered on Sep 30, 2024

When you receive a 30-day notice to quit, it's important to understand that this notice typically means the landlord is giving you a formal request to vacate the property. In most cases, you can move out within that 30-day period without needing to give additional notice. The landlord has... View More

1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Massachusetts on
Q: In Mass, if a governement lawyer works under contract for the state and works for a private firm what are the consiquenc
Tim Akpinar
Tim Akpinar
answered on Sep 29, 2024

A Massachusetts attorney could advise best, but your question remains open for three weeks. It could depend on the guidelines spelled out in holding that office, whether conflicts of interest arise from being involved in both areas, and other factors. Good luck

Q: My name is on the title of a car that my ex has. His name is also on the title. How do I get my name off it? He owes $

How do I get my name off it? I had the car in my possession at one point, I was making payments, and the car insurance was in my name and I was paying on that too, until he cheated and we parted ways. He took the car from me and I want to know if I can get the car back from him or if I can get him... View More

James L. Arrasmith
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answered on Mar 28, 2024

Removing your name from the title of a car that you co-own with your ex can be a complex process, especially if there are disagreements about the car's ownership and payments. The first step is to communicate with your ex and express your desire to either have the car transferred entirely to... View More

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