David George Thomas’s Answers

David George Thomas

Boston Litigation Lawyer.

Contributor Level 10
  1. I am in the process of a divorce in Massachusetts. Both my husband and I live in MA, and my husband covers our health insurance

    Answered about 2 years ago.

    1. David George Thomas
    2. Joshua N Robbins
    2 lawyer answers

    It depends whether the employer's plan is self insured or not. If the employer is self insured, the employer need not keep you on the health plan. If the employer is fully insured (i.e., not self insured), the employer likely must keep you on the plan. It is important to understand the status of the employer's health insurance who employed your husband at the time of your divorce. Note that I am not a matrimonial lawyer and I am just answering this based on personal experience (and finding...

    1 lawyer agreed with this answer

  2. What district court can be used in a small claims action?

    Answered about 2 years ago.

    1. David George Thomas
    2. Jon W. E. Rockwood
    2 lawyer answers

    You may not be able to do so. Venue in District Court is governed by Mass. Gen. Laws ch. 223, Section 2, which provides: "Except as provided in section twenty-one of chapter two hundred and eighteen, a transitory action in a district court shall be brought in a court in the judicial district where one of the parties lives or has his usual place of business or in a court, the judicial district of which is adjacent to the judicial district where one of the parties lives or has his usual...

    1 lawyer agreed with this answer

  3. Can a judge take my name off my home due to a default/judgement on a credit card.

    Answered about 2 years ago.

    1. David George Thomas
    2. Ann Frances Breau Karpenski
    3. Brian Thomas Canupp
    3 lawyer answers

    You will need to provide more information, but it is very doubtful that a judge will take your home from you for defaulting. There is an automatic homestead exemption in Massachusetts that protects your home up to a certain amount. What court are you in? How much was the judgment? Why did your lawyer not show? Have you moved to set aside the default? Can you pay the judgment or negotiate something with the opposing party?

    1 lawyer agreed with this answer

  4. Any advise on fighting a ticket on the mass pike?

    Answered about 2 years ago.

    1. Dominic L. Pang
    2. David George Thomas
    3. Kelly A. Broadbent
    3 lawyer answers

    I do not believe you are entitled to discovery; however, you do have a right to challenge the ticket if you believe it was issued in error. The process should be on the back of the ticket. Sometimes, officers may not show up at the hearing, which will be helpful; however, if the officer shows or there is an officer there in his or her place, you do get to cross examine the officer and present your case. There are lawyers in Massachusetts that specialize in this and online sources on how to...

    1 lawyer agreed with this answer

  5. Is a CWOF truly any better than pleading guilty?

    Answered over 2 years ago.

    1. Dominic L. Pang
    2. Erik Hammarlund
    3. David George Thomas
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  6. Is a CWOF truly any better than pleading guilty?

    Answered over 2 years ago.

    1. Dominic L. Pang
    2. Erik Hammarlund
    3. David George Thomas
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 2 years ago.

    1. Christopher W. Vaughn-Martel
    2. Erin Whelan Pennock
    3. Alan J Pransky
    4. David George Thomas
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. What happens if you lie about drinking?

    Answered over 2 years ago.

    1. Timothy P. Flynn
    2. David George Thomas
    3. Henry Lebensbaum
    3 lawyer answers

    You will need to provide more details if you want to get a coherent answer to your question. Were you arrested? Were you involved in an accident? What were you being questioned about? You may want to contact a criminal defense lawyer.

    1 lawyer agreed with this answer

  9. Can I put my parent's house in my name but still have them pay the taxes and live in it?

    Answered over 2 years ago.

    1. David George Thomas
    2. David Martin Beliveau
    3. L. Maxwell Taylor
    4. E. Alexandra Golden
    4 lawyer answers

    You need to work directly with a trust and estate laywer. Many times, property for people in your mother's situation (and with her concerns) is placed in a trust to protect it if she gets ill. You may very well be able to act as the trustee. There is at least a 5 year look back I believe to protect it against seizure if she gets ill, so you should take action sooner than later. The trust needs to be done correctly or it will not achieve your mother's goals. If you need a referral, I very...

    1 lawyer agreed with this answer

  10. I was driving w. a suspended license and hit a car that was parked

    Answered over 2 years ago.

    1. David George Thomas
    2. Erik Hammarlund
    3. Richard A. Martone
    3 lawyer answers

    You may be charged criminally and the owner of the car you hit may file a civil lawsuit against you. For starters, you should contact a criminal defense attorney to determine the best course of action.

    1 lawyer agreed with this answer