Rhode Island Questions & Answers by Practice Area
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Rhode Island Questions & Answers
Q: I'm in foreclosure; can the mortgage co. send my ex-wife a certified notice or would that be considered slander?
1 Answer
| Asked
in
Consumer Law, Divorce, Foreclosure and Libel & Slander
for
Rhode Island
on
Answered on Aug 19, 2017
Answered on Aug 19, 2017
Neville Bedford's answer
If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.
If you have it, bring the notice to the attorney you have retained to assist you in the foreclosure matter.
Q: Is there a time limit to filing a Motion for relief from final judgement in RI divorce? do I need to respond to motion?
Neville Bedford's answer
Yes, under rule 60, there is a time limit if you are petitioning the court to vacate the prior Judgment. If, however, there is a post final motion for relief and it is unanswered, the risk of a default judgment is very possible. To clarify this answer, contact an attorney to review your particular documents and evaluate your options privately
Yes, under rule 60, there is a time limit if you are petitioning the court to vacate the prior Judgment. If, however, there is a post final motion for relief and it is unanswered, the risk of a default judgment is very possible. To clarify this answer, contact an attorney to review your particular documents and evaluate your options privately
Q: My ex wife has filed a motion for Relief after Final Judgement of our divorce. Date of final judgement was 2/24/16
Neville Bedford's answer
The law of your particular case will be found in your settlement agreement. If there are ambiguities that may be argued in your favor, go over these with your attorney. If you do not have an attorney, that is the first matter you should address. Issues of child support, parenting, and custody remain in the jurisdiction of the family court until the children are emancipated.
The law of your particular case will be found in your settlement agreement. If there are ambiguities that may be argued in your favor, go over these with your attorney. If you do not have an attorney, that is the first matter you should address. Issues of child support, parenting, and custody remain in the jurisdiction of the family court until the children are emancipated.
Q: Will a judge accept the 3 year clean record if I was a month away from 3 years clean?
Matthew T. Marin's answer
In that situation I believe that it is worth the shot. While you may not be technically eligible for application of the Good Driving Statute, they Prosecutor and the Judge may give you some leeway since you are so close. As always, your best bet is with an experienced traffic court attorney by your side advocating for your.
In that situation I believe that it is worth the shot. While you may not be technically eligible for application of the Good Driving Statute, they Prosecutor and the Judge may give you some leeway since you are so close. As always, your best bet is with an experienced traffic court attorney by your side advocating for your.
Q: If someone can't afford the price of the speeding ticket they got are they able to work it off with community service?
Matthew T. Marin's answer
Unfortunately, the Rhode Island Traffic Tribunal does not exchange community service in lieu of court fines and court costs.
Unfortunately, the Rhode Island Traffic Tribunal does not exchange community service in lieu of court fines and court costs.
Q: What can a person be charged with for having sex in a car in a public park in Rhode Island?
Neville Bedford's answer
§ 180-1 Disturbing the peace.
Every person who shall revel, commit any nuisance or mischief, quarrel or otherwise behave in an indecent or disorderly manner in any of the public buildings or places to which the public is admitted, halls, railroad stations, places of amusement, churches, schools, streets, highways, public bridges, public lands, burial grounds, public parks, or grounds set apart for public purpose, to the disturbance or annoyance of the peaceable inhabitants of the Town...
§ 180-1 Disturbing the peace.
Every person who shall revel, commit any nuisance or mischief, quarrel or otherwise behave in an indecent or disorderly manner in any of the public buildings or places to which the public is admitted, halls, railroad stations, places of amusement, churches, schools, streets, highways, public bridges, public lands, burial grounds, public parks, or grounds set apart for public purpose, to the disturbance or annoyance of the peaceable inhabitants of the Town...
Q: Interstate or Foreign Support Orders & Accrued Interest Owed to the Parent
Neville Bedford's answer
It may have been as simple as a data processing oversight. That is a substantial amount past due. Hopefully, you have retained competent counsel to ensure the interest is properly perfected.
It may have been as simple as a data processing oversight. That is a substantial amount past due. Hopefully, you have retained competent counsel to ensure the interest is properly perfected.
Q: I have moved from one my apartment bldg into a smaller one that's was cheaper, same landlord. Since we asked for the 200
Kas DeCarvalho's answer
Well...if you don't have a written agreement, then what you technically have is a month-to-month lease...and what the rent is supposed to be is admittedly a bit of a mystery, but at worst, it's the rent from your old/other apartment. Typically that would be decided by the history of what you had been doing before...but since you actually moved to a smaller apartment, it seems reasonable to argue that you would pay a reasonable amount less. But assuming that you and the Landlord agreed that...
Well...if you don't have a written agreement, then what you technically have is a month-to-month lease...and what the rent is supposed to be is admittedly a bit of a mystery, but at worst, it's the rent from your old/other apartment. Typically that would be decided by the history of what you had been doing before...but since you actually moved to a smaller apartment, it seems reasonable to argue that you would pay a reasonable amount less. But assuming that you and the Landlord agreed that...
Q: My lease ended in Rhode Island however the landlord is selling the house and now I'm month to month until they decide.
Kas DeCarvalho's answer
The shortest, best answer is..."it depends on the terms of the Lease Agreement." But based on your question, I suggest that the answer is, "probably not." Let me clarify a few points, though: First, as you know, many State statutes permit landlords to charge both a "Security Deposit" and request that the last month's rent be paid in advance...and the rules for each of those tend to differ. Typically, Lease Agreements don't permit the Security Deposit to be used as a payment for the last...
The shortest, best answer is..."it depends on the terms of the Lease Agreement." But based on your question, I suggest that the answer is, "probably not." Let me clarify a few points, though: First, as you know, many State statutes permit landlords to charge both a "Security Deposit" and request that the last month's rent be paid in advance...and the rules for each of those tend to differ. Typically, Lease Agreements don't permit the Security Deposit to be used as a payment for the last...
Q: Do I have a right to have my lawyer present during a blood-alcohol test?
William Head's answer
NO. Police follow an old U S Supreme Court case, Schmerber, that says officers need not delay for such things, for an implied consent test, due to the evanescent nature of alcohol being processed by the human body.
NO. Police follow an old U S Supreme Court case, Schmerber, that says officers need not delay for such things, for an implied consent test, due to the evanescent nature of alcohol being processed by the human body.
Q: My 17 yr old was given a summons for speeding.... what does this mean? Will his license be suspended?
Matthew T. Marin's answer
If he is 17 years old then he will not be able to use his good driving record. A good driving record requires no moving violations within the past 3 years and he has not been licensed for a full three years at this time.
Given his age and that he was ticketed going 30 mph over the speed limit, there is a realistic possibility that the Traffic Court could seek to suspend his license. Moreover, even if he simply pays the fine he (and you) will be looking at substantially increased...
If he is 17 years old then he will not be able to use his good driving record. A good driving record requires no moving violations within the past 3 years and he has not been licensed for a full three years at this time.
Given his age and that he was ticketed going 30 mph over the speed limit, there is a realistic possibility that the Traffic Court could seek to suspend his license. Moreover, even if he simply pays the fine he (and you) will be looking at substantially increased...
Q: If I was pulled over for speeding in RI, and I'm from MA, can I pay the ticket online?
Matthew T. Marin's answer
No, currently you cannot pre-pay your ticket online. You can pay the ticket by mail with a check and you can attempt to call the Rhode Island Traffic Tribunal (401-275-2700) with your ticket number and pay it by phone. The State is upgrading the computer system and you may be able to pre-pay online in the future.
No, currently you cannot pre-pay your ticket online. You can pay the ticket by mail with a check and you can attempt to call the Rhode Island Traffic Tribunal (401-275-2700) with your ticket number and pay it by phone. The State is upgrading the computer system and you may be able to pre-pay online in the future.
Q: Pulled over told my license was suspended for failure to pay a ticket from 1993. What should I do
Q: My landlord is claiming he didn't know I lived there, but returned contact. Does this establash the law of acknowledge?
Neville Bedford's answer
Take a good look at the lease. Does it permit subletting? Do you have one? You may have to take your roommate to small claims court if they defrauded you by renting you an apartment they did not have any right to rent to you.
Take a good look at the lease. Does it permit subletting? Do you have one? You may have to take your roommate to small claims court if they defrauded you by renting you an apartment they did not have any right to rent to you.
Q: Hi, how do I go about fighting a neglect charge through dcyf?
Neville Bedford's answer
If you are not satisfied with your court appointed lawyer(often, some of the most experienced attorneys in this area), You are free to retain private counsel to assist you. If the facts are against you and the investigation yielded sufficient information to indicate a finding of neglect, you may well still be found guilty of neglect. Speak with your lawyer directly about your concerns for the possible impact of a confidential finding in person.
If you are not satisfied with your court appointed lawyer(often, some of the most experienced attorneys in this area), You are free to retain private counsel to assist you. If the facts are against you and the investigation yielded sufficient information to indicate a finding of neglect, you may well still be found guilty of neglect. Speak with your lawyer directly about your concerns for the possible impact of a confidential finding in person.
Q: In a divorce, can the estranged spouse be the witness to residency? Is there an alternative to bringing a witness?
Neville Bedford's answer
Yes, there are many other details that may cause delay if you continue Pro Se. Consider hiring an experienced RI Family Court Divorce attorney to ensure you complete the process correctly and without delay.
Yes, there are many other details that may cause delay if you continue Pro Se. Consider hiring an experienced RI Family Court Divorce attorney to ensure you complete the process correctly and without delay.
Q: My sons father has been out of the country since my son was born 13 years ago. can I get Child support?
Neville Bedford's answer
Generally, child support is prospective from the time you open the case except in certain circumstances where there is a question of paternity. Consult with any of our fine Rhode Island Family Court attorneys to explore your options.
Generally, child support is prospective from the time you open the case except in certain circumstances where there is a question of paternity. Consult with any of our fine Rhode Island Family Court attorneys to explore your options.
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