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Emma A. Kremer

Emma Kremer’s Answers

641 total


  • Can I collect unemployment if I can the current job I had changed the hours and I am not able to work them and had no other

    option but to leave.

    Emma’s Answer

    You should apply for unemployment benefits even though you left work voluntarily because there are certain circumstances that will allow you to collect such benefits, including change in work schedule, rate of pay or other things that formed the basis of your employment contract or led you to take the position. It may be difficult to show that you voluntarily left with good cause attributable to the employer, the standard for getting benefits when leaving voluntarily. It may be in your best interests to begin the process by filing a claim and, if denied, consider consulting an attorney to assist you with the appeals process. Best of luck.

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  • Knee replacement nightmare

    My wife had TKR June 10, 2010 in MA, while in rehab it buckled and she fell, the xray showed an intact knee, taking her home the knee buckled again causing her to fall, taken to hospital she needed surgery to repair a ruptured tendon and quads. T...

    Emma’s Answer

    I'm sorry that your wife has been having health issues. As with most if not all medical malpractice cases, you will probably need a medical expert to evaluate what the cause or causes of her ailments may be. Unfortunately I am just a lawyer and don't know the answer to your question but I would highly recommend consulting an attorney who specializes in such cases. Most offer free consultations and contingency fee arrangements. Best of luck to you and your wife.

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  • Do we have to submit a financial statement to the plaintiff who got a judgement if the magistrate verbally says so

    Isn't it the courts place to see what we can afford instead of displaying our business to the sharks that got the judgement?

    Emma’s Answer

    Assuming that you are referring to small claims court then the answer is yes, and generally speaking you have to comply with court orders whether from a magistrate or judge. The reason for the financial statement for the plaintiff or party that secured a judgment is that in small claims court it is that party's burden to prove that the losing party is financially able to pay. At a payment review hearing the magistrate or judge and the prevailing party can inquire about the other party's ability to pay. You may be able to avoid filling out the judgment debtor form if you work out a payment plan with the other party but that would mean you are able to pay. Best of luck.

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  • Where can I find a lawyer that will take a security deposit case on a contingency basis?

    I moved out of my apartment 3 months ago and still have not received my security deposit back. I gave my new mailing address to my landlord before I left the apartment and I have called him 2 times since then but he has not answered or returned my...

    Emma’s Answer

    • Selected as best answer

    You can search this website for a landlord tenant lawyer in your area and I'm sure you can find one who will take it on a contingency. Your landlord was required to hold your security deposit in an interest bearing account and return any deposit less documented damages within 30 days of the termination of your tenancy. And yes, if successful you can get triple the award if the landlord is found liable plus attorneys fees. Call around for a lawyer who will take on contingency and that you feel comfortable with. Best of luck.

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  • How can I "fix" the visits between my son & his dad at his house if his dad lives with his toxic "nana"?

    My son sees his dad 2 days/week & spends the night at his house, where his "nana" lives too. It is in the divorce agreement & I have given him letters to sign periodically stating that he must spend time with his on on these days. His "nana" takes...

    Emma’s Answer

    I'm sorry that you are dealing with this difficult situation. You should consult a family law attorney or your divorce attorney as soon as possible to file a complaint for modification of the custody or visitation agreement as the circumstances have changed since the initial custody agreement such that they are harmful to your son. There are various arrangements that can be made so that the father can still see your son and protect him from people or situations that may be mentally or physically harmful. Generally speaking the agreement that you signed when you got divorced is not set in stone, particularly with respect to child custody issues, among other things. If you cannot afford an attorney you may be able to sign up for the" lawyer of the day" at the court or contact the Massachusetts bar association for a referral or legal aid. Best of luck.

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  • My neighbor upstairs is video/audio recording me with a camcorders from her front window. My comings and goings are recorded

    She records day and night. She has the camera in an open window and it is pointed down at my front yard. Anything I say outside is being picked up on it. Is this illegal in mass?

    Emma’s Answer

    No it is not legal to video record another person with audio in Massachusetts without their consent. Is your neighbor recording what you say and if so how do you know? If your neighbor told you that she is flat out audio recording you or you otherwise know or have reason to know this is going on then call the police and maybe you should also consult an attorney. If no audio is being recorded and she is simply recording for security purposes then that is likely not illegal as long as she isn't harassing or stalking you. It's unclear from your question why she is recording but generally speaking it is not legal to video record with audio another person without their consent. Best of luck.

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  • I would like to start an online travel business from Delaware. Is it possible to do so as a sole proprietor if I am not there?

    I am an American working abroad. I would also like to know if I can get professional liability insurance (E & O).

    Emma’s Answer

    For a more accurate answer to your question you should repost this in a Delaware forum and include an internet tag in addition to business and insurance. Depending on Delaware and potentially federal law you may be able to open a business there as long as you have an agent in that location acting on your behalf but again I practice in Massachusetts not Delaware. Because of the various aspects of your question and that you want to open a business you should probably consult an attorney to ensure everything is set up in accordance with all applicable laws. Best of luck.

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  • There is a will i'm adminisstrator only money in joint bank accounts amount less than$ 250,000 need to probate or file taxes?

    do I need to probate this estate

    Emma’s Answer

    You may want to consult a probate attorney to determine whether probate is necessary. You mention a joint bank account as for monetary assets but you don't say whether there is any real property owned by the decedent, personal property the decedent wants to dispose of or any other assets. If the joint account passes automatically to the survivor and there are no other assets then you likely would not need to probate the will but if there are other assets you should really consult an attorney to discuss what if any tax consequences may arise and to properly administer the estate. I'm sorry for your loss and best of luck.

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  • Do I need to pay $500 to Michael Ira Asen?

    I was arrested for shoplifting. All they found on me when they caught me was a $3 DVD. I was given 20 hrs of community service then the case was dismissed. about a month after that I got a letter in the mail from the law office of Michael...

    Emma’s Answer

    Well it sounds like you have already been through the criminal process hence the community service for your arrest and charge for shoplifting so this letter from may be a civil demand for the shoplifting although from your question it is unclear whether this attorney represents the store from which your were arrested. Assuming that is the case, run the letter by an attorney and see what is going on here because $500 seems a bit excessive for a $3 DVD. Usually civil demand letters for shoplifting are ignored and generally the advice is to ignore it if and until any action is brought against you. If an action is brought against you then you should certainly get an attorney but even in the meantime you may want to run it by an attorney to get all the facts and to advise you properly. In the future you may not want to post such identifying information in this very public forum. Best of luck.

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