David George Thomas’s Answers

David George Thomas

Boston Litigation Lawyer.

Contributor Level 10
  1. On a final judgment recorded with the court

    Answered almost 3 years ago.

    1. David George Thomas
    2. Erik Hammarlund
    3. Tazewell T Shepard III
    3 lawyer answers

    You'll most likely find relief through Massachusetts Rule of Civil Procedure 60(b) and filing a motion. I've pasted the language of the rule below. As to what to file when the final judgment it satisfied, if it just a monetary judgment, you likely do not need to notify the court. If there is injunctive relief involved or if there are attachments on property or money has been secured to satisfy the judgment, you may need to proceed under Rule 60(b). Rule 60(b) (b) Mistake;...

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  2. What should i do?

    Answered over 2 years ago.

    1. David George Thomas
    2. Keith G Langer
    3. Henry Lebensbaum
    3 lawyer answers

    You will need to give more information and let all of those who may respond know whether or not you signed a separation agreement when you were divorced as, if so, that may very well answer your question. Otherwise, you likely need a lawyer to advise you whether there has been a change in circumstance to afford you a modification/reduction in child support.

    2 lawyers agreed with this answer

  3. Squatters are in my friends supposed foreclosure home, can she shut off water? She is scared of him.

    Answered over 2 years ago.

    1. David George Thomas
    2. Christopher Saccardi
    3. Philip W. Mason
    3 lawyer answers

    If there is no equity in the home, she may consider deeding the house back to the bank in lieu of foreclosure and letting the bank deal with it - if the bank even wants that headache. Alternatively, if there is equity, she should file a summary process action to evict the current squatters. This can be done relatively quickly as the summary process rules have specific timelines that govern eviction.

    2 lawyers agreed with this answer

  4. Can the custodial parent keep a child from the non custodial parent just because he is angry the other parent is pregnant?

    Answered over 2 years ago.

    1. Paula Brown Sinclair
    2. David George Thomas
    3. John Joseph Torrone III
    3 lawyer answers

    The short answer is no. You are raising a blended family and there are many resources on line for you, including how to handle high-conflict relationships, which you appear to have with your ex-husband. If you entered into a Separation Agreement and were represented by counsel, there likely is language in the agreement that will be helpful for you, such as language indicating that he cannot alienate you from your children or paint you in a bad light. That being stated, if he is going to...

    2 lawyers agreed with this answer

  5. Am up for "driving without a license" in State of Maine - possible to keep it off record?

    Answered over 2 years ago.

    1. Erin Jordan Harris
    2. David George Thomas
    2 lawyer answers

    You should contact a lawyer immediately. If the prosecutor is not willing to dismiss, you may be able to get it continued without a finding if you pay the to tickets. That should not come up in a Cori check.

    2 lawyers agreed with this answer

  6. What is the uniform probate code in ma

    Answered almost 3 years ago.

    1. David George Thomas
    2. Michael L Rich
    3. Philip W. Mason
    4. Henry Lebensbaum
    4 lawyer answers

    To Uniform Probate Code deals with the law concerning the affairs of decedents and missing persons. It would not apply to a custody dispute. If there is a custody dispute and you need a modification to an order dealing with custody, you'll need to file a modification law suit, which will be governed by the rules and law concerning domestic relations and post-divorce issues. It sounds like you need to talk to a domestic relations lawyer.

    2 lawyers agreed with this answer

  7. Can I challenge the District Court's Territorial Jurisdiction 1 year Post Judgment?

    Answered almost 3 years ago.

    1. Gini S. Marziani
    2. David George Thomas
    3. David Matthew Gotzh
    3 lawyer answers

    The first answer you were provided sounds very much correct, particularly if your only basis to get relief from judgment is that the case was heard in the wrong district. The issue implicated between the two districts deals with the proper venue for the civil contempt action. A defense for improper venue generally is waived unless raised in the initial proceeding. The fact that your appellate rights have expired is not helpful, of course. To cover all bases, however, you may want to look...

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  8. How can my girlfriend get her ex stop using kids against her

    Answered over 2 years ago.

    1. Nicole C. Armstrong
    2. David George Thomas
    3. Richard A. Martone
    3 lawyer answers

    You very much need to speak with a very seasoned and skilled domestic relations practitioner in Massachusetts that will need much more information from you if you want to get any reasoned answer to your question. There are many good lawyers available to you on Avvo. Contact one of them.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Pursuant to Rule 9a

    Answered over 2 years ago.

    1. Erik Hammarlund
    2. David George Thomas
    3. Alan J Pransky
    3 lawyer answers

    Under Rule 9A a party may serve a motion with a supporting memorandum of law. The non-moving party may then serve an opposition. The moving party must then file the whole 9A package with the Court within a specified time or withdraw the motion. The moving party should not make substantive changes to the motion or supporting memorandum. If so, seek relief from the Court to file a supplemental opposition, if necessary. You should also note that a moving party has 5 days to request leave of...

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    1 person marked this answer as helpful

  10. What is the statute of limitation on filing legal malpractice claim in Massachusetts

    Answered over 2 years ago.

    1. Robert A Stolzberg
    2. David George Thomas
    3. Christopher Joseph Fein
    3 lawyer answers

    Also, look at your representation agreement win the lawyer. It may be deemed a contract. Breach of contract is subject to a statute of limitations of 6 years.

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    1 person marked this answer as helpful