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Massachusetts Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: Land Dispute in a Land Court, What defenses do I have to oppose a motion to impose fee? Which law supports my defenses?

I'm inquiring about MA rule of law on a motion to sanction or fee impose on a defendant. This is land court, land dispute, and contempt proceeding. I was sued for a prescriptive and adverse possession easement in a planned community. The Plaintiff claims that I have violated the order and... View More

Anthony M. Avery
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answered on Oct 11, 2023

You will need to file an Response denying the allegations. Get ready for the hearing with any witnesses and/or evidence of your obeying the Order verbatim. I recommend hiring a MA attorney as incarceration might be a possibility.

2 Answers | Asked in Civil Litigation, Criminal Law and Divorce for Massachusetts on
Q: I need to hire a lawyer to help me with some legal issues and use my house as collateral, is it possible and how?
Thomas Shack III
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answered on Aug 25, 2023

In Massachusetts, it is possible to use a house as collateral for legal fees, but it would depend on the specific circumstances and the specific agreement between you and your specific lawyer.

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1 Answer | Asked in Civil Litigation and Construction Law for Massachusetts on
Q: Signed contract in Oct 2021 with two contractors (partners) for home addition. No timeline specified.

One contractor (construction supervisor) show up only on several occasions, did not supervise subcontractors and did shoddy work. Had to let him go and take over the building permit myself. His partner has been trying to make good but has informed me he probably cannot finish the job. I have... View More

Christopher Tolley
Christopher Tolley
answered on Jun 1, 2023

If you feel the partners will not pay and you do not trust them to finish the work, it may be time to complete the work by hiring someone else and consult a lawyer about collecting the completion costs. You would argue the partners have breached the contract and that you are entitled to damages in... View More

1 Answer | Asked in Car Accidents, Consumer Law, Civil Litigation and Identity Theft for Massachusetts on
Q: Massachusetts Boston my wife has a permit and keeps registering and insuraning cars in my name without my consent

Has stolen my identity and opened credit card and I filed a identity theft claim

William J. Amann
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answered on May 27, 2023

It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

William J. Amann
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answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... View More

1 Answer | Asked in Civil Litigation, Probate and Family Law for Massachusetts on
Q: My ex is taking me back to court for contempt I feel what he is doing is litigation abuse. I cannot afford a lawyer.

I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2023

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: If I'm represented by an attorney at a firm, can all his colleagues assist in the case without filing notice to appear

Are all attorneys assisting with a civil matter required to file a notice of appearance?

William J. Amann
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answered on May 23, 2023

Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... View More

William J. Amann
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answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... View More

Q: Who works on suits and paperwork against the Fbi ? I need a attorney urgently

I have a lawsuit on the Fbi I need to put in for . The Dod have navigated me through the local and state to make sure the perps where using their illegal way to abuse authority but the Fbi is found liable for damages the Dod said since they are letting terroism honon amd a active 6 person cartel... View More

James L. Arrasmith
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answered on Mar 3, 2023

You may want to consider contacting your local bar association or conducting an online search for attorneys who specialize in civil rights, government misconduct, or similar areas of law. Additionally, you can consider reaching out to legal aid organizations that may offer free or reduced-cost... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Massachusetts on
Q: House owner went into property before scheduled walk thru

My ex fiancé and mother went in on a house together. When we broke up he wanted to kick my mom out, we sued him for breach of contract when he filled for evection. We won and my mom has until February 28, 2023 to vacate the property at that time we will do a walk thru of premises and then he will... View More

Christopher Tolley
Christopher Tolley
answered on Feb 28, 2023

I assume your ex's entry into the property violated the parties' settlement agreement. However, you do not articulate any harm to you or your mother as a result of his acts and therefore you would not be entitled to damages. Therefore, it does not seem to be in your interest to reopen the... View More

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Is supplementary process required before requesting wage or bank garnishment?

Is supplementary process required before requesting wage or bank garnishment via trustee process? Will court allow me to skip the step of supplementary process and go straight to trustee process?

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

I know of nothing requiring it. I have never had a judge deny a trustee process attachment because I had not pursued supplementary process first. However, allowing a trustee process attachment is within the court's discretion.

1 Answer | Asked in Civil Litigation and Collections for Massachusetts on
Q: Collecting on a civil judgment in Massachusetts.

I have a civil judgment in Massachusetts. I want to collect on the judgment by a wage or bank account garnishment, I understand I need to do a trustee process. Does that mean I have to file a second complaint (complaint on judgment) and pay court costs service of process fees again?

Do I... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2022

Your can seek a bank account trustee process based on your current judgment. In order to trustee process wages, you have to institute a suit on the judgment.

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Massachusetts on
Q: My Attorney has reached an agreement to settle my lawsuit, but with conditions I didn’t agree to.

It’s a discrimination lawsuit

William J. Amann
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answered on Dec 11, 2022

Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.

2 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Massachusetts on
Q: What kind of attorney(s) should i hire if i want to file a complaint in equity and sue in family court for contempt?

i am the child named in a judgment of divorce between parents and became a tenancy in common in properties with step-mother. i am now disabled and the sales will create financial complexities along with a host of difficulties. i have hired a real estate attorney & scheduled to meet soon but i... View More

Christopher Tolley
Christopher Tolley
answered on Dec 1, 2022

Optimally you would hire a family law attorney with litigation experience.

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1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

William J. Amann
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answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Massachusetts on
Q: Can an alternate designation written on a will (not a beneficiary) supersede the Heirs-at-law?

A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.

Lillian J. LaRosa
Lillian J. LaRosa
answered on Jun 28, 2021

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

2 Answers | Asked in Family Law and Civil Litigation for Massachusetts on
Q: What if I filed a complaint but no answers have come in and it is 35 days now. What do I do now?
Anthony C. Adamopoulos
Anthony C. Adamopoulos
answered on Jun 7, 2021

Assuming you are talking about divorce, "filing a complaint" is not enough to get what you call "answers" and the Rules call "Defendant's Answer".

Have you received and served, according to the Rules, a Summons?

It looks like you are not prepared...
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Q: Employer in MA wants to send temp. employees out to get DOT physical exams/certifications. I interpret this as a Hipaa

violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... View More

J. Heath Dillon
J. Heath Dillon
answered on Dec 29, 2020

The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... View More

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