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Vermont Civil Litigation Questions & Answers
3 Answers | Asked in Real Estate Law and Civil Litigation for Vermont on
Q: How to stop someone from using my property after 30 years of presumed class four road usage?

I recently discovered that a path on my property, thought to be a class four road, is actually private land. I want to stop an individual who has been driving over it with verbal permission for the past 30 years. I've confirmed property ownership with a legal survey. No formal easement or... View More

Anthony M. Avery
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answered on May 1, 2025

The driver may have an easement by prescription or other methods creating easements. If you lock the gate he may destroy it or sue you. Then you have to defend yourself. If he is an adjoining landowner, his easement must be in your chain of title, not his. Search both titles, Litigation... View More

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1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Contracts, Civil Litigation, Gov & Administrative Law and Civil Rights for Vermont on
Q: How to sue for harassment disrupting home purchase in Vermont?

I entered into a contract for an estate sale of a home in Vermont, and due to the seller's inability, I began paying for repairs on the property. Neighbors harassed us by contacting multiple realtors and the Vermont Department of Health, resulting in an unauthorized cease and desist order.... View More

James L. Arrasmith
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answered on Sep 11, 2025

In your situation, you could consider filing a civil lawsuit for tortious interference with contractual relations against the neighbors, as their actions disrupted your ability to complete the home purchase. You may also have claims for harassment or intentional infliction of emotional distress if... View More

1 Answer | Asked in Consumer Law and Civil Litigation for Vermont on
Q: Is a class action suit possible for excessive jail texting fees by Jailatm.com?

I’m being charged excessive fees by Jailatm.com for texting with a loved one in jail. Both my account and my loved one's account are charged double for the same texts, and there’s no clear disclosure about these charges. Is it feasible to initiate a class action suit against this practice?

James L. Arrasmith
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answered on Sep 2, 2025

What you’re describing sounds like it could be the basis for a legal challenge, especially if the company is charging both parties for the same text without making that clear up front. Lack of proper disclosure and what feels like double billing can give rise to claims of unfair or deceptive... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Consumer Law and Family Law for Vermont on
Q: How can I protect my privacy and safety from my boyfriend's child's mother?

I am currently dating someone who co-parents with his child's mother, who has attempted to control his life since they broke up. Recently, she has been gathering personal information about me, including my old phone number found online, despite never having spoken to me. Multiple attempts via... View More

James L. Arrasmith
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answered on Aug 28, 2025

Feeling unsafe when someone is digging into your personal life is very real, and you deserve to have peace of mind. The first thing you can do is limit what information about you is publicly available—this means checking online databases, tightening your social media privacy settings, and... View More

1 Answer | Asked in Contracts, Civil Litigation, Personal Injury and Domestic Violence for Vermont on
Q: Need help with car purchase dispute, threats, and repayment issues.

I bought a car from someone and paid off debts on the car, which included 12 late payments totaling approximately $2,500. I also arranged and paid for six months of insurance and gave him $3,000 cash upfront. Additionally, we lent him another $3,000 cash during a time of need, which he promised to... View More

James L. Arrasmith
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answered on Jul 5, 2025

You are facing both a civil dispute and a potentially dangerous criminal situation, and you should take immediate steps to protect yourself. Start by filing a police report for the threats and harassment, including the nighttime disturbances and any voicemails or messages containing threats to your... View More

1 Answer | Asked in Foreclosure, Consumer Law, Civil Litigation and Real Estate Law for Vermont on
Q: Can I sue my mortgage lender for unlawful foreclosure practices?

I want to know if I can sue my mortgage lender due to unlawful practices undertaken to foreclose on my home. After a COVID forbearance, I was instructed to file paperwork to reinstate my loan. Despite submitting the required documents, bank representatives provided conflicting and deceitful... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, you may have legal grounds to sue your mortgage lender if they engaged in deceptive, unfair, or unlawful foreclosure practices. Misrepresenting the status of your loan reinstatement, losing submitted documents, and sending notices to wrong addresses can be strong indicators of bad faith and... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: Am I supposed to do a discovery as the defendant in a civil matter
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

A Vermont attorney could advise best, but your question remains open for two weeks. Until you are able to discuss with a local attorney, discovery is the process for both sides in a legal action to learn about the opposition's case. They can ask questions and request production of materials to... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Vermont on
Q: I live with my ex girlfriend I’m not on lease, she wants to evict Me. Will this follow me?

I’m paying her rent but not on lease. She wants to evict me from apartment legally will the eviction follow me for getting another apartment?

T. Augustus Claus
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answered on Aug 3, 2023

If you are not on the lease and your ex-girlfriend wants to evict you legally, the eviction process may not typically show up on your rental history or credit report, as you were not a party to the lease agreement.

1 Answer | Asked in Contracts, Copyright, Civil Litigation and Communications Law for Vermont on
Q: Can I use the song “ Who let the dogs out” for my pet supplies website?
N'kia (NLN)
N'kia (NLN)
answered on May 2, 2023

If you'd like to use someone else's song, you should request permission and pay the required fee. Otherwise, using a song for commercial purposes without permission can constitute infringement, which usually costs the infringer exponentially more than the fee. If needed, you should... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: Is a lawyer service online that you can hire to write motions?
Tim Akpinar
Tim Akpinar
answered on Oct 22, 2018

There are legal writing services, but they are generally smaller, and can be harder to find than the companies that sell out-of-the-box legal forms. Some attorneys hold themselves out for project-based work writing appellate briefs, memorandums, and other documents and pleadings. If you found one... View More

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