James M Lynch’s Answers

James M Lynch

Hingham Personal Injury Lawyer.

Contributor Level 17
  1. Do I need to hire a lawyer for my divorce contempt who is in the same county as the court

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. E. Alexandra Golden
    3. James M Lynch
    3 lawyer answers

    No, but I agree that knowing judges tendencies on the issues is a plus.

    12 lawyers agreed with this answer

  2. I am being charged by a college I have never physically been to. What should I do?

    Answered almost 3 years ago.

    1. James M Lynch
    2. Christopher Joseph Fein
    2 lawyer answers

    The fact that you never set foot on their campus is irrelevant. Their offer of admittance, presumably last Spring, was met by an acceptance of their offer of admittance and, undoubtedly, the terms of their offer. That sounds like a contract, one that you breached. In every contract breach, the non-breaching party has a duty to mitigate their damages. There is much detail left out of your question but your waiting until after the add/drop deadline suggests that you led the college to believe...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. CVS is charging my Husband 375.00 for a $19.99 item he didn't even leave the store with..by accident! AND he paid for it!!

    Answered over 2 years ago.

    1. James M Lynch
    2. Terri D. Leary
    2 lawyer answers

    In Massachusetts, M.G.L. c.231 §85R ½ allows the stores to demand a civil damage amount between $50 and $500 from the shoplifter in addition to the actual damages incurred by the merchant. The recourse available to the stores for non-payment of the civil demand is a civil suit – probably in small claims court because that is the cheapest forum for them. That having been said, the merchant is not likely going to fund a small claims action (if your husband doesn't pay) that will, at best, yield...

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  4. Can my wife be made to pay the costs of a contempt after a divorce in MA? Middlsex county

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Philip W. Mason
    3. James M Lynch
    3 lawyer answers

    I agree with my colleagues that it is a matter addressed to the sole discretion of the judge and should be requested in your complaint. The outcome varies from judge to judge depending upon the individual circumstances presented and it is not a certainty that attorneys fees will be awarded.

    7 lawyers agreed with this answer

  5. Aggravated domestic assault and battery with a dangerous weapon?

    Answered almost 3 years ago.

    1. James M Lynch
    2. Michael Howard Erlich
    3. E. Alexandra Golden
    4. Myong J. Joun
    5. Charles C Donoghue
    5 lawyer answers

    There are too many details that you don't provide or don't have that factor into sentencing. The details of the attack on the pregnant woman, including the amount of force used, what the dangerous weapon was, where on the victim's body it was used and injuries suffered by the victim to name just a few. Similar details are missing relating to the bg gun incident. And lastly, you have no real way of knowing what is on your boyfriend's criminal record and that has a great impact on the...

    7 lawyers agreed with this answer

  6. Do I need a lawyer from NJ or MA?

    Answered over 2 years ago.

    1. James M Lynch
    2. Erik Hammarlund
    3. Travis J. Jacobs
    4. Henry Lebensbaum
    4 lawyer answers

    Unfortunately, by filing an answer in the NJ court, you have submitted to its jurisdiction over you, so when the company comes to Massachusettts to enforce its judgment (if you don't defend in NJ) you cannot raise the jurisdiction issue. If it is a small claims case, it might be worth it to go down there for a day to defend it yourself. If it isn't a small claims case, then start thinking about cutting your losses and settling for a compromise figure over the phone because it will cost you...

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  7. How can I get this dropped?

    Answered almost 3 years ago.

    1. Philip W. Mason
    2. James M Lynch
    3. Alan J Pransky
    3 lawyer answers

    I agree with what Attorney Mason has told you but would add this: there is also another charge that could be added to your boyfriend's troubles and it is that it is illegal in Massachusetts, under Massachusetts General Laws Chapter 140, Section 131J, to possess any portable device that transmits an electrical impulse, wave or beam designed to temporarily incapacitate another person. Violators may punished by "a fine of not less than $500 nor more than $1,000 or by imprisonment in the house of...

    6 lawyers agreed with this answer

  8. Is child support different than Alimony

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Philip W. Mason
    3. James M Lynch
    3 lawyer answers

    It is not an "either or" proposition. He will be obligated to pay child support. As for alimony, the alimony statute will control, as my colleagues have pointed out. The short duration of your marriage will be a factor against you.

    6 lawyers agreed with this answer

  9. Is a signed pdf copy of a contract considered a legal document or is a signed original copy required?

    Answered almost 3 years ago.

    1. Adam Matthew Hopkins
    2. Erik Hammarlund
    3. James M Lynch
    3 lawyer answers

    The short answer is that it doesn't matter because if the original is unavailable, the "best evidence rule" will allow the introduction of a copy into evidence to prove that there was a contract and what it said in any legal proceeding to enforce it.

    6 lawyers agreed with this answer

  10. How to enforce improperly executed will

    Answered over 2 years ago.

    1. Jennifer A Deland
    2. Erik Hammarlund
    3. James M Lynch
    3 lawyer answers

    Assuming, by "only one signature", you mean that only one witness signed the 2011 will, that will won't survive a challenge if it is filed and somehow accepted by the court. If there are no other wills after the 2001 will, that will should be filed immediately with the court.

    5 lawyers agreed with this answer