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David George Thomas

David Thomas’s Answers

78 total


  • Do I have a viable case?

    I am in a mlm and my sponsor suggested we partner on his position and abandon mine and for a corporation to hold the top position. We went ahead building 3 legs of business with one leg flowing through my old position. I recruited both customers...

    David’s Answer

    My colleague asks some very good questions. Be sure to contact a lawyer with experience in partnership issues as well as business litigation. In Massachusetts, there exists a Uniform Partnership Act that very well may govern your situation over and above laws concerning business entities and the rights of majority and minority shareholders. The partnership act is Mass. Gen. Laws Ch 108A. If you are your partner intended to carry on a business, as co-owners, for profit, and your partner wrongfully dissolved that partnership (e.g., ousted you), you may very well have a claim to half the value of the entity at the date of dissolution (the day you were ousted). I have handled partnership litigation in Massachusetts and other jurisdictions for years and would be happy to provide you with a free consultation. The devil is in the details in these cases.

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

    My husband & I have been married for almost a year now & are expecting our first child together. My ex has physical custody of our daughter. He just found out that Im having a baby & is very upset. He said the baby will not be my daughters siblin...

    David’s Answer

    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 state such things, try to get him to do so in writing, e.g., communicate with him via email so that there is a record of the communication, as my colleague suggested. There is a great website for managing co-parenting and parallel parenting relationships, particular those that are high conflict. It costs $99.00 per year and is designed for the court system. Check out www.ourfamilywizard.com. At the end of the day, if he is acting in inappropriately, your remedy is to go back into court to prevent him from doing so. If you do, contact a lawyer in your particular jurisdiction that is familiar with the court system.

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  • Got caught shoplifting and received a fine letter. What happens next?

    I am age 19, and recently got caught for shoplifting (I think it was less than 50 dollars all together) and now I got a letter saying they want 300 in civil demand within 30 days. Do I really have to pay this much and what happens next? This is my...

    David’s Answer

    Attorney Mason is correct. Note that a private party may file a claim in the small claims session of the Massachusetts District Court (state) and seek to recover costs. They may not hire an attorney for this. Rather, they will appear at a hearing and present their case and ask the magistrate in the small claims session to issue a judgment against you. You do have a right to appear and defend yourself.

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  • How does a U.S. citizen serve devorce papers to a Canadian citizen?

    I just want to know

    David’s Answer

    Assuming that the Canadian citizen is located in Canada, you will need to follow the The Hague Service Convention. The HSC is a multilateral treaty that was signed in The Hague in 1965 by members of the Hague Conference on Private International Law. It allows service of process of judicial documents from one signatory state to another without use of consular and diplomatic channels. Both Canada and the U.S. are signatory states. Contact a lawyer with experience with serving process under the HSC as you will need to comply with specific procedures and perhaps local services rules in the Canadian territory in which you are attempting to serve the complaint.

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  • How can my girlfriend get her ex stop using kids against her

    my girlfriend went thru the worst custody battle and lost to her ex because of some false allegations on me sexual touching 7yr son and 2009 and since then she only gets 4 hours a week till she file a modifacation for more time because the judge t...

    David’s Answer

    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.

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  • Is a CWOF truly any better than pleading guilty?

    Can someone explain the actual benefit of pleading to a CWOF instead of pleading guilty? I know the benefit of a CWOF is sold as giving you the ability to say you've never been convicted of something. But a CWOF, like a guilty finding, stays on yo...

    David’s Answer

    My colleagues are very much correct, a CWOF, as the name suggests, is like suspended dismissal - there is no "finding" and certainly should not be viewed as a finding of guilt. Many times, there are terms to a CWOF, e.g., that it is continued for 6 months unless the defendant gets arrested again. Be sure you contact a criminal defense lawyer to fully understand our rights and what you are agreeing to do.

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  • Is a CWOF truly any better than pleading guilty?

    Can someone explain the actual benefit of pleading to a CWOF instead of pleading guilty? I know the benefit of a CWOF is sold as giving you the ability to say you've never been convicted of something. But a CWOF, like a guilty finding, stays on yo...

    David’s Answer

    My colleagues are very much correct, a CWOF, as the name suggests, is like suspended dismissal - there is no "finding" and certainly should not be viewed as a finding of guilt. Many times, there are terms to a CWOF, e.g., that it is continued for 6 months unless the defendant gets arrested again. Be sure you contact a criminal defense lawyer to fully understand our rights and what you are agreeing to do.

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

    I had a speeding ticket in '97 - alas, unpaid - paid it in 2011 to renew license. Was stopped in Maine in November (tail light out). Turns out, I was STILL unlicensed because my wife hadn't paid two parking tickets - still, car registered to me. ...

    David’s Answer

    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.

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  • Mass Rule 9A

    I sent to plaintiff motion to dismiss. 16 days later an opposition to motion is shipped. it is past what is allowable for time pursuant to 9A Do I still have to send their opposition to my motion? or Can I just send without plaintiff's opposi...

    David’s Answer

    • Selected as best answer

    If you sent your motion by mail, note that the the opposing party gets and additional 3 days (according to MRCP 6(d) - see below) to serve the opposition. If a weekend or holiday is involved, it may be more than 3 days per 6(d).

    You cannot file your 9A package until waiting 3 business days after the date the opposition was due according to 9A (see Sup. Ct. R. 9A(b)(2)). Check the dates against Rule 6 to be sure that the opposition is not timely.

    Even if it is not timely, if you have received the opposition before you have filed your Rule 9A Package, as a matter of practice, you should file it as the Court likely will not prevent the opposing side from doing so. Also, you will have to explain the issue to the Court in your 9A affidavit of compliance and the Court may not look favorably on you for not filing it when you have received it, albeit late.

    Note that you need to write a letter to the Presiding Justice seeking leave to file a reply brief to address any new issues in the opposition and you must do so within 5 days of service of the opposition (see Sup. Ct. R. 9A(a)(3)). If you do, you may want to mention that the opposition technically was served late just to create a record in case this type of noncompliance occurs again.

    Rule 6:

    (a) Computation. In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute or rule, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule and in Rule 77(c), "legal holiday" includes those days specified in Mass. G.L. c. 4, § 7 and any other day appointed as a holiday by the President or the Congress of the United States or designated by the laws of the Commonwealth.

    (b) Enlargement. When by these rules or by a notice given thereunder or by order or rule of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion (1) with or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or (2) upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; or (3) permit the act to be done by stipulation of the parties; but it may not extend the time for taking any action under Rules 50(b), 52(b), 59(b), (d), and (e), and 60(b), except to the extent and under the conditions stated in them.

    (c) For Motions-Affidavits. A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than 7 days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit, the affidavit shall be served with the motion; and, except as otherwise provided in Rule 59(c), opposing affidavits may be served not later than 1 day before the hearing, unless the court permits them to be served at some other time.

    (d) Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.

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  • Can I file for child support even though my husband and I are not legally divorced or separated?

    We are currently trying to work through our difficulties but in the meantime, I would just like a court order to minimize the problems that can be caused through oral or written agreements. However, he already pays child support from a previous re...

    David’s Answer

    You need to contact a family law lawyer. You can file a lawsuit and seek what is called a temporary order and if you are entitled to support, such an order can deal with that. I am happy to provide a referral if you would like.

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