Michael J. Bace's Answers

Loan someone money and I would like it back.

The successful recovery of the funds will likely depend on a number of factors, including whether or not there is a written contract, how amenable the debtor's are to a settlement or partial payment agreement, the debtor's financial circumstances, etc...The fact that the individuals reside in another state further complicates the issue. However, you certainly should contact an attorney to discuss your legal rights, and attempt to find an attorney willing to pursue your interests. Most...

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Apt is charging us for new carpet!

Generally speaking, if your landlord collected a security deposit, than she also must provide you with a written receipt, a statement that describes the condition of your apartment, must hold the money in a bank account that is separate from the landlord's money, and pay you interest every year, and keeping records of deposits and repairs. Did you sign a Statement of Condition upon moving in? There are extensive laws that protect tenant's rights in a scenario in which the landlord fails...

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I gave 30 day notice after 2 yrs In MA. Landlord never gave sec/dep bank receipts or interest at end of 1st yr. Treble damages?

Failure to maintain a separate account for Security Deposit funds is a per se violation of the statute, which may entitle you to three times your damages. Thus, you may be able to recoup more than was actually deducted from you wrongfully. Additionally, charging for items that are nothing more than routine wear and tear, and failure to accrue interest are also violations. I suggest you contact an attorney without delay to correspond with your letter, and demand a reasonable settlement;...

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My lawyer billed me many hours of telephone conversations that did not happen.

You have options. Attorneys are required to abide by strict ethical standards of conduct; they must be competent, keep you informed, and obviously not misrepresent the time spent or bill inaccurately. I suggest you sit down with a lawyer that practices either civil litigation or legal malpractice to review your case. Most will be willing to give your file a brief review, to obtain at least some indication as to whether or not the attorney's conduct rises to the level of malpractice....

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I was assaulted by a bouncer in Boston and have bruises on my arm, back and chest. How can I go about suing the hotel.

I echo attorney Vaughn-Martel's sentiments, who is licensed to practice in Massachusetts with us, which is your jurisdiction. The most prudent cause of action is to immediately contact a civil litigation firm in Massachusetts without delay. Most, like our firm, and attorney Vaughn-Martel's, will be happy to speak with you briefly without a fee, in order to determine whether or not we can be of assistance. Delay will negatively impact your rights. Thus, getting an attorney on the hook to...

Got a judgement in my favor almost 10 years ago, person was broke, never received $$.

You definitely have clear avenues of post-Judgment relief, particularly if the debtor's financial circumstances have changed for the better. If your current counsel is unwilling, you should certainly hire successor counsel without delay to serve as your zealous advocate. Specifically, you can institute Supplementary Process, which is a post-Judgment hearing where the only question is the debtor's ability to pay. However, you may also consider filing a second lawsuit "on-the-Judgment,"...

I worked for a GC contractor and completed $18,000 worth of landscaping work. He is ignoring my phone calls for three months?

I agree with the previous answer. However, it is highly unlikely that you have a written contract with the general contractor (GC), which totally negates the availability of the mechanic's lien. More often than not, subcontractors such as yourself perform work pursuant to a verbal proposal/work order and expect to be paid directly from the GC. It is all too common for the GC to claim that the homeowner has yet to furnish the GC with payments earmarked for the landscaping work. Whether...

Can I claim damages against a general contractor for being significantly over the original schedule?

I disagree with the attorney that answered previously. Massachusetts, where I am licensed, has strict laws that protect homeowners from unreasonable delay, code violations, and faulty work of general contractors. Contracts must include certain specific clauses in order to comply with the law, some of which include start dates, end dates, etc... In fact, any violation of the Home Improvement Contractor Act is a per se violation of the Consumer Protection laws that could potentially award...

Can I file a mechanic's lien, or, small claims court?

It is almost always worthwhile to pursue your legal rights, as long as you understand that the potential defendant's financial circumstances may limit any eventual recovery. Plus, the lack of a written contract makes it exceedingly difficult to actually prove what the "terms" of the contract were. I agree with the other answer, that the lack of a contract is not fatal. I suggest the best course of action is to contact an attorney without delay. You may be able to find an attorney who is...

Security Deposit Issue

Failure to maintain a separate account for Security Deposit funds is a per se violation of the statute, which may entitle you to three times your damages. Thus, you may be able to recoup more than was actually deducted from you wrongfully. Additionally, charging for items that are nothing more than routine wear and tear, and failure to accrue interest are also violations. I suggest you contact an attorney without delay to correspond with your letter, and demand a reasonable settlement;...