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Christopher W. Vaughn-Martel

Christopher Vaughn-Martel’s Answers

2,740 total


  • If I sue. And win in small claims court, how can I collect my money the judge awarded me?

    A friend owes me $2400 which she promised to pay me back. She hasn't paid me back yet. We had an agreement at one point she'd pay me x amount of dollars at certain points, and she hasn't.

    Christopher’s Answer

    Your options are to haul the person back into court periodically for payment review hearings, civil arrest in the event they fail to appear for same, wage garnishment and other trustee process, and attachment of property.

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  • What are some ways I can speed up my divorce, or cut out some steps between temp orders and trial?

    Other than negotiating a settlement (tried that for well over a year, including mediation, collaborative, 4-way meetings and direct lawyer to lawyer negotiation), and other than going through discovery, depositions, pretrial, and eventually a tria...

    Christopher’s Answer

    Your only options are negotiated settlement or trial. Since you don't seem to be interested in settlement, you should ask your lawyer if a trial date has been scheduled by the court. If not, a final pretrial or trial should be scheduled immediately. If you do not trust your attorney, hire a new one.

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  • Will the restraining order still be in affect

    I have a question about a restraining order.. I have a permanent restraining order against my ex it also has my daughters name on it.. If she decided to see him on her own would that end the restraining order for myself also? Also can someone give...

    Christopher’s Answer

    Thank you for your question. I think perhaps your restraining order could be amended to remove your daughter, but your daughter's contact with the defendant would not void your order. Perhaps it makes sense for you to reach out to an attorney for a consultation.

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  • Is there a letter of authorization for powers to act as a trustee?

    I am the trustee of a revocable trust of which real estate was just poured over into this trust. The real estate is not in the name of the pour over trust. I want to transfer title of the real estate and wanted to know do I have to show and or fi...

    Christopher’s Answer

    Ideally, the real estate would have been transferred into the name of the trust prior to death. If the real estate passed through probate, then the estate will need to be properly probated and there will be some additional steps before clear title can pass to the trust. You may have authority over the trust, but the trust may not have good title to the property yet. You should speak with an attorney or firm who can offer you both probate administration and real estate services. To answer your question about privacy, a certificate of trust is used to state the name and powers of a trustee without revealing beneficiaries and without making the trust document itself available to the public.

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  • Is there a way I can file for joint custody of my son without going to court?

    I have a son that just turned 7 on 10/21/2015 & his mother has been refusing to talk to me or let me see him since 10/14/2010 I can't stand court houses or court rooms because I have severe PTSD & Severe Chronic Asthma which requires the use of a ...

    Christopher’s Answer

    No, but if you obtain counsel to represent you, your time in court could be minimized and it may be easier to obtain some reasonable accommodations that would permit you to participate and obtain justice.

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  • My brother sent a vicious email to various relatives. Can I sue him for defamation?

    There is a ongoing dispute about a inherited property. My brother sent a vicious email and also made some phone calls where he made completely false allegations about me. As a result the relatives want to have nothing to do with me . This is part ...

    Christopher’s Answer

    Another attorney has provided a good explanation of the grounds for defamation. Be careful that the statements you find offensive are false. If they are true or opinion, they won't give rise to a defamation case. Find an attorney who can litigate a defamation suit but who can also help you with the underlying dispute over inherited property. Our office has handled defamation cases and also probate and property disputes.

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  • 7 Day Notice to Quit - Lease Violation

    I'm a landlord in Boston with a standard form fixed term lease. # 24 reads, Non Performance or Breach by Lessee terminate this lease by: 1.) a (7) day written notice to the lessee to vacate said leased premises in case of any breach except only...

    Christopher’s Answer

    First, get yourself a tenant-landlord attorney. As a landlord, you will need somebody you can go to from time to time when these things arise.

    Second, get proof. There is no harm in attempting to obtain an admission from him via e-mail. You can also let him know you need to get in the apartment and provide reasonable notice in writing. There is probably a litter box.

    Do you have other grounds? Has your lease term expired? Is he late in rent? There may be easier ways to go about this.

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  • Should our insurance deny on coverage if a friend who has driving permit but no car insurance to drive our car with my husband

    My husband is a licensed driver, sit in the car to teach a friend who drive the car. If that person gets accident and hit someone, should our insurance company cover or deny on coverage

    Christopher’s Answer

    Take your insurance policy to an attorney for review. If it is not covered by the policy, you will need an attorney in the event that the injured party decides to take legal action against you.

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  • Can we sue for damages a man who won in a civil case we ha and who got our land and house

    Our family has had a civil case against a man who by fraud and manipulation was able to get our home and land into his name. We Lost my question is could we now sue for damages and pain and suffering for the agony he has caused our family, Now...

    Christopher’s Answer

    You probably lost the right to sue for damages the first time around, but it never hurts to speak with a lawyer to be sure. The sooner the better.

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