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David George Thomas

David Thomas’s Answers

78 total


  • Can I bring a Malicious Prosecution lawsuit, including threats to my civil liberties, exstortion of monies, against DSS?

    An attorney wrote up the child support order wrong and DSS knowing the mistake was made prosecuted me for non-paymen of child support and threatened me with jail if I did not pay. The order was set aside and in my favor. The Judge who allowed th...

    David’s Answer

    You should contact a local lawyer as state law differs on what is required for malicious prosecution claims. Generally, if civil claims for malicious prosecution are allowed, you must prove that the defendant (1) instituted this proceeding by filing a Complaint, (2) lacked probable cause to enforce the claim in the proceeding, (3) instituted the proceedings with malice. Also, you will need to prove you suffered damages as a result of the defendant's actions.

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  • I have received an execution on money judgement

    attached to this letter I have also received a notice that included my property address that said "I seized and took all the rights, title and interest and I have levied this execution thereupon." what does this mean? And what action did my credi...

    David’s Answer

    • Selected as best answer

    Consult a lawyer as soon as possible. If you own your home, you may have filed a homestead when you purchased or refinanced it. If so, that may protect against the creditor forcing you to sell your home to satisfy the debt. Even if you have not filed a homestead, there is an automatic homestead placed on your home under the revised Massachusetts Homestead Act ($125,000 in coverage). You can find a discussion of the new law at:

    http://www.sec.state.ma.us/rod/rodhom/homidx.htm

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  • What is the evidentiary value of "colloquy on the record"?

    My adversary admitted to something bad in court, on the record (it is on a court transcript signed off on by both parties). But it is not sworn testimony. Can I use it against them? Or can they go back on it?

    David’s Answer

    I assume your adversary is the opposing counsel and the admission was provide during some court hearing/oral argument on a motion. Alternatively, if the adversary is not your opposing counsel, I am not sure why the other litigant would be speaking on substantive issues in court without being sworn in. If the opposing litigant's lawyer allowed his or her client to speak on the record and it was against the litigant's own interest, it certainly will be fodder for cross examination. Once the litigant is under oath, ask him or her about it. If she or she admits the same thing, then you have your sworn testimony. If not, they you can impeach with a prior inconsistent statement. I am not sure what you mean by it being signed off on by both parties. Be sure to get a certified copy of the transcript.

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  • Texas litigation. missed deadline to serve nonparty subpoena for RFP.

    pro se not by choice. served rfp on nonparty, but not sure was actually "served" on actual registered agent, as address on it was wrong. Anyway, never got and served subpoena compelling production. Been more than 45 days since rfp was received...

    David’s Answer

    You should get some advice from someone that practices in the Court in which your case is pending. It sounds like you did not service discovery according to a discovery deadline. You may want to call the judge's clerk and ask what the judge's preferences are. You may have to seek leave of court to serve a new subpoena. Hopefully someone from Avvo that practices in your local responds. Good luck.

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  • How do I get out of a bad partnership.

    I entered into a partnership 6 months ago without an partnership agreement. I want out of the partnership due to my partner will not put the rest of the agreed on investment into company. I put in 30,000 and she only put in15,500. We both agree...

    David’s Answer

    It appears that the Kentucky (assuming your partnership is governed by Kentucky law) has adopted the Uniform Partnership Act. Take a look at KRS 362.150 to 362.360. Talk to an attorney that has dealt with partnership dissolution before and is familiar with the Act and the law in your area. Generally, the UPA governs when parties do not have a written partnership agreement and will give you the procedure for dissolving the partnership and winding up the business. Be very aware, however, that partners owe each other the utmost duty of good faith and fair dealing (fiduciary duties) even during the dissolution and winding down process. You would not want to do anything (intentionally or inadvertently) that would be deemed a breach of that duty.

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  • Divorce in Ma

    Our total marital estate is about 2.5 million one house with no mortgage and westport home with 100k on the mortgage, absent that no debt- what should I expect the max a divorce will cost with an average lawyer on both sides?

    David’s Answer

    Do your homework very, very carefully. There are many divorce attorneys in Massachusetts. Be very sure that you are getting a good one or the divorce will cost you an arm and a leg. You should find one with experience in the court in which you will be filing the case and one that you are comfortable with and that comes well regarded. Try to speak with prior clients rather than getting a referral from another lawyer (unless that lawyer was a client of the lawyer that you are considering hiring). If you have any reservations at all, find someone who you are comfortable with. Divorce is difficult enough. Being represented by counsel that does not meet the mark makes it 10x worse.

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  • If I make more than the non custodial parent am I still entitled to child support? I have my 16 yr 95% of the time.

    Am I entitled to child support even though I make more income than the non custodial parent. My daughter is 16 and has lived with me full time for over a year now. She sees her mother 2-3 times per year. I make about 18k more per year than she doe...

    David’s Answer

    Yes, you should be entitled to child support. You should contact a family law attorney familiar with the particular rules in the area in which the case will be pending.

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  • If I make more than the non custodial parent am I still entitled to child support? I have my 16 yr 95% of the time.

    Am I entitled to child support even though I make more income than the non custodial parent. My daughter is 16 and has lived with me full time for over a year now. She sees her mother 2-3 days per year. I make about 65k and have 4 kids the non cu...

    David’s Answer

    Yes, you should be entitled to child support. You should contact a family law attorney familiar with the particular rules in the area in which the case will be pending.

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  • How are sealed documents stored in superior court?

    If hearing is scheduled to unseal records, can the court order to unseal them immediately in the court room? Can the judge view records while they are sealed. Where are they stored?

    David’s Answer

    It will depend on the particular practice in the court in which the records are being kept. Your best best likely is to call the docket and/or courtroom clerk in the court and ask.

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  • Am I required to appear for a deposition? What if I do not show?

    In June of 2011, I was spoken to by lawyers representing my workplace about a customer who fell in June of 2009. When I was talked to, I had no recollection of the incident even though my name was on their witness list. I reinforced to them that I...

    David’s Answer

    Most likely, even is a subpoena was issued, the must take the deposition within a certain number of miles of where you live or work. You should contact the appropriate person at your company and ask to speak to the company's lawyer about the deposition and confirm that the lawyer will be representing you at the deposition as well as the company. If the company's lawyer will not be representing you, you should ask if the company will pay for a lawyer to represent you, which many companies will do. It would be somewhat odd for a company not to have a lawyer assist in preparing you to testify at a deposition in a case in which the company was involved. Definitely get more information about what is happening from your company.

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