Get free answers to your Civil Litigation legal questions from lawyers in your area.
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 
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
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?
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.
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
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.
It’s a discrimination lawsuit
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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.
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
answered on Dec 1, 2022
Optimally you would hire a family law attorney with litigation experience.
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answered on Oct 26, 2022
Sur reply.
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?
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answered on Oct 24, 2022
20 days from service, see Massachusetts Superior Court Rules 12 and 13.
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.
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.
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... View More
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
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
Hello,
I have a question about two of my dogs. I was with someone for 6 years and after a year in a relationship. He gifted me a dog. I also ended up buying my other dogs. In that relationship every time I tried to leave he would threatened to take both dogs. It took me a while before I... View More
answered on Dec 23, 2020
Even though dogs are part of the family, this actually isn't a family law issue, it is a property issue. In divorces, pets are handled in the same way as property and divided between the parties in some way. Sometimes there is an every-other-week arrangement like you agreed to previously. When... View More
I won a judgment
answered on Oct 23, 2020
This sounds odd. Take your Judgment to another attorney to review.
I signed up for personal fitness training with a company for 6 months from Dec-2019 to May-2020 ($600 for each month & 10 sessions each month). No services were provided between Mar 2020 to May 2020 due to COVID. The company was not reachable on phone during that time for cancellation enquiry.... View More
answered on Oct 9, 2020
Most lawyers' rates would make legal representation impractical. Look carefully at your contract and see what your options are. Contact your credit card company and have them stop the automatic payments. I suggest you consider filing a small claims suit yourself. If nothing else, it will get... View More
I wanted dismissed if possible, but i'm not sure if it's worth it. I was at fault so what would i say in court? I was driving and passed a red light that changed just before i past it. is the officer telling me that he's not going to appear in court? i've had my license only for... View More
answered on Aug 25, 2020
APPEAL THE TICKET!! There are a number of very important reassons to take the appeal. First, you are under the age of 25 and in the age bracket where there can be larger SDIP points assessed or possible surcharges on a policy. Second, if you have 3 speeding tickets or 5 overall moving violations... View More
This is messy I know, but I'm appreciative of the help. I'm representing myself pro se in a divorce trial. Not my choice. My previous law firm did not file an appearance, they were "consulting", they did a lot of damage on rules of evidence. I didn't pay them. They are... View More
answered on Aug 13, 2020
Your question is very confusing. Are you seeking to file a legal malpractice claim? If so, that is an area of specialization and you can inquire using this forum. If you are seeking pro bono legal assistance, also, then there are some resources which may be available to you . You need to tailor... View More
It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... View More
answered on Jul 16, 2020
If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... View More
He just bought a $700,000. house, goes to the Caribbean 2-3 times a year and does not cover my health insurance and it’s in our divorce. The $49 a week I get in c/s is not enough
answered on Jun 9, 2020
It sounds like a Modification of Child Support matter can be filed based upon his material change in circumstances . The current Guidelines would be applicable, also. It also sounds like he is in Contempt with regard to your health insurance coverage if that was not changed in the earlier... View More
Doesn't this order infringe on my constitutional rights?
answered on May 17, 2020
Constitutional rights are balanced with public health interests in these settings. Good luck
Tim Akpinar
This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... View More
We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... View More
answered on Mar 18, 2020
You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.
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