Lawyers, Answer Questions  & Get Points Log In
Massachusetts Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Small Claims for Massachusetts on
Q: Can I have clarification on abandoned vehicle law and who has rights in my situation?

I live in MA and was going to sell a vehicle to a person who lives in RI. The title has yet to be sent to me by the previous owner who lives out of state. The vehicle has been sitting in the garage of the RI resident for 8 months. Since the title is not in my name and no agreement was signed, am I... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 16, 2019

This question cannot be answered completely without first seeing the title to the car--the title that you do not have yet. In the meantime, you certainly must know that you cannot lawfully sell the car to anyone without owning it; right?

Then your next task is either get the title from...
View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Litigation for Massachusetts on
Q: Is This a case of fraud and Grand Larceny?

The tow and storage fees services at Lynch (Manoli's) Towing are unfair after my vehicle was towed there after a car accident when my steering-wheel locked on April 26, 2017 ! I contacted an employee at Lynch Towing about the prices for tow storage and I was told inaccurate prices on two... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

Neither. This is a contractual issue. Based on your facts as stated, you have known that your car was towed and secured behind locked gates since April 26, 2017--the date of the accident. Right?

You have also known since May 5, 2017 that the towing company charged a $455 towing fee, and...
View More

1 Answer | Asked in Consumer Law, Estate Planning and Insurance Bad Faith for Massachusetts on
Q: Is there recourse for being wrongly denied life insurance?

I was denied life insurance because they stated I was in an alcohol rehab center. I have never had any issues with alcohol or drugs and have never been in a rahab center

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2019

One option is to seek insurance through a different carrier. If you need insurance and wish to avoid delays in obtaining coverage, valuable time could be lost in pressing the issue with the original carrier.

Tim Akpinar

1 Answer | Asked in Consumer Law and Child Support for Massachusetts on
Q: Can child support garnish both of my full-time jobs paychecks if I'm paying in full from the first jobs paycheck
Christopher Tolley
Christopher Tolley
answered on Feb 20, 2019

If you are paying all that is required of you from one paycheck, it does not make sense that more money would be taken out of your second paycheck. For example, if your total pay from one job equaled the amount you are currently being paid from your two jobs, and you were paying the total amount... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I am trying find if there is a law in Massachusetts that says you cannot charge for services not rendered.

I was charged for extra services on a product that the services were not completed.

Zachary Alan Waksman
Zachary Alan Waksman
answered on Feb 9, 2019

Massachusetts’ consumer protection statute (Chapter 93A) forbids charging for services not rendered. The law calls this an unfair or deceptive practice. If you prove it to have happened and that you suffered damages, you will be entitled to double or treble damages plus attorneys fees. Some... View More

1 Answer | Asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts on
Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 9, 2019

One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Do gift certs expire in Mass?
Christopher Tolley
Christopher Tolley
answered on Nov 24, 2018

It has to have a term of at least seven years. It has to have the issuance date and the expiration date on it. If it has no expiration date, it is good indefinitely. This applies to electronic cards. There are websites with more specifics, I suggest you check them to make sure whatever you have... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: I have some old debt from 2008 - can a collector garnish my wages?
Christopher Tolley
Christopher Tolley
answered on Nov 6, 2018

In order to obtain a wage attachment, the creditor must have a judgment against you. The creditor is required to file a new lawsuit based on the judgment and appear before a judge to ask permission for a wage attachment. The creditor is required to give you written notice of the time date and place... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: State MA - Servicer refuses full payment to cure loan default, Wired payment to their attorney, He sends personal check

This is regarding stopping a foreclosure. the funds are on hand to bring the loan current but the Servicer and their Attorneys are misleading my elderly mother. they are using dirty tricks to delay or even block her from curing her loan, The servicers attorneys were contacted and on 3 occasions... View More

Christopher Tolley
Christopher Tolley
answered on Aug 2, 2018

Call the attorney general's office or the Massachusetts banking commissioner. Both have units that deal with this type of behavior.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: This new local business in my area has an aggressive marketing campaign that includes calls and tons of voicemails. I've

asked them to stop but they won't. Can I sue them?

Adam Savett
Adam Savett
answered on May 30, 2018

The short answer is probably.

There is a federal law, the Telephone Consumer Protection Act, or TCPA, that makes many types of calls illegal.

Largely it depends on the type of call (e.g. robocall vs live), the nature of the number called (e.g. cell vs landline vs business number),...
View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Hi i just received a letter from a collections agency about a credit card from 7 years ago im in rhode island
Christopher Tolley
Christopher Tolley
answered on May 8, 2018

Where it has been 7 years collection of the debt may be barred by the Rhode Island or Massachusetts statute of limitations. In Massachusetts for credit card debts the limitations period is 6 years. I'm not a Rhode Island attorney but the Federal Fair Debt Collection Practices Act is generally... View More

1 Answer | Asked in Collections, Consumer Law and Real Estate Law for Massachusetts on
Q: I owe 4 months condo fee and add late fees send me letter that is going to collection agency what action should I take

The condo association charge late fees from the last year plus 4 months condo I owe and I'm in hardship and selling the house What should I do ? Please any advice is great appreciate!

Christopher Tolley
Christopher Tolley
answered on Apr 23, 2018

Most condominiums in Massachusetts have provisions for charging late fees, attorney's fees and expenses of collection. Six months of past due common area fees are a lien on the unit prior to any first mortgage. Because of this, and because Massachusetts cases have held that common area fees... View More

1 Answer | Asked in Collections, Consumer Law and Tax Law for Massachusetts on
Q: If I owed money to my college, they sent it to collections and garnished my taxes, legally can they still collect the $?
Christopher Tolley
Christopher Tolley
answered on Apr 6, 2018

Usually a creditor can only collect what it is owed, so if the tax offset paid your debt in full, they should not be able to further offset any more refunds. The Department of Education has a good website that is easy to navigate and has a lot of information on questions like these:... View More

1 Answer | Asked in Contracts and Consumer Law for Massachusetts on
Q: i was denied access to a gym as someone guest because i owe a account there even though i have been there plenty times

it does not say in the contract that a platinum members guest can not have access to the gyn if a previous account is owed. i also was just there 2 days ago and had no issue, but i feel like because im colored and have tattoos they singled me out. they denied me access to the gym even though i had... View More

John Espinosa
John Espinosa
answered on Mar 17, 2018

If you think it is discrimination you could file a complaint with the Massachusetts Commission Against Discrimination: https://www.mass.gov/file-a-complaint-of-discrimination

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Massachusetts on
Q: Do I have to allow the lawyer to take the estate funds or can I create an estate account myself, is there a law?

Informal, under 450,000. Assets ( house sale, insurances, property) no contest. One credit card and he already lost track of a disbursement, can I as executor pay what’s owed to who?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Feb 2, 2018

You would be setting up an estate bank account with an estate tax payer ID and you can arrange to have the attorney copied with bank statements.

1 Answer | Asked in Civil Litigation, Consumer Law and Personal Injury for Massachusetts on
Q: How do I go about finding if somebody has homeowners insurance and whether I would be covered

I was helping a friend put shingles on his roof and the board where I had my footing wasn't nailed down enough I was sitting down and I went sliding down the roof I broke my ankle in two spots I have to wear a cast for 18 weeks and they may have to go back in to remove fractured bones I also... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 8, 2017

Consult a member of the Mass Academy of Trial Lawyers --they give free consults. If you need names of such persons in Eastern Mass give me a call.

1 Answer | Asked in Consumer Law and Business Formation for Massachusetts on
Q: what do i do in this situation

i had work done on an bb gun and told them to limit it to a price of 200 $ and i had to pay 241 and it didn't work so i told them to take there parts out and give me my money back due to faulty parts

Jonathan R. Roth
Jonathan R. Roth
answered on Oct 24, 2017

If they do not comply sue them in small claims court. I assume you can document the instruction and read whatever you signed with respect to the repair.

1 Answer | Asked in Identity Theft and Consumer Law for Massachusetts on
Q: How can I get the bill out of my name without filing a police report

My mother placed a utility bill in my name without my knowledge. The bill is over four grand. I contacted the company as soon as I found out but they said I have to file a police report. I do not want my mother to go to jail and I can not let her find out I am trying to take the bill out of my name... View More

David Humphreys
David Humphreys
answered on Oct 2, 2017

Go to the FTC website, IDTheft.gov and download an ID Theft Affidavit. Present that to the utility company. If they harass you after you fill out the affidavit and provide it to them, get a solid consumer protection law firm to help you.

1 Answer | Asked in Business Formation, Civil Litigation, Contracts and Consumer Law for Massachusetts on
Q: Who and where should I file a lawsuit against a company that is not in my state?

I was wondering who I should contact or just to go through small claims court in regards to a travel agency that promised to refund me and is giving the run-around as to why they can't refund me, after already promising to do so. Any information is greatly appreciated.

Will Blackton
Will Blackton
answered on Aug 29, 2017

If you signed a contract with the travel agency (most likely for your original transaction, not the refund), that contract may contain a provision regarding consent to jurisdiction and governing law. If that provision exists, contact an attorney in the state described in that provision.

If...
View More

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