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Danielle M. Callahan

Danielle Callahan’s Answers

635 total

  • My son's car taken out of driveway against my objection/permission for late payment contacted police. What recourse do we have?

    Report made for breach of peace/ trespassing

    Danielle’s Answer

    Contact an attorney right away. You have rights regarding breach of peace. Also if you want the car back, you have several options, but must act quickly (with 20 days of the taking).

    Contact someone asap for a free consult. Good luck.

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  • My tenant filed bankruptcy. Her Atty amended the petition and added me as a creditor. This was done late and I.didn't get notice

    I didn't get notice of bankruptcy until after the 341 hearing. Is this legal? I was her biggest creditor. She owes thousands in back rent. I was told I need to file a motion to remove automatic stay where can I find a sample?

    Danielle’s Answer

    Do yourself a favor and at least consult with an attorney in MA who handles bankruptcy matters. If you try to do this on your own, you'll have to be extremely careful not to violate the automatic stay, which could end up costing you money in terms of sanctions owed to your tenant. This, and the eviction, are highly technical aspects of the law, and retaining competent counsel will likely save you money in the long run. Good luck with the motion and hopefully subsequent eviction.

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  • Do I have a case for hostile work environment?

    For the past 2 years. With the start of a new manager, i have been written up for idiotic issues that no on else ever had been spoken to about. Constant harassment about deadlines, being out sick, calling me a bully,etc and today the crous de gra...

    Danielle’s Answer

    It depends on the manager's motivation for treating you this way. If it is just a personality thing, probably no, you don't have a recourse. If the manager is treating you differently due to you being a member of a protected class (such as race, gender, color, sexual orientation, nationality, etc), then yes, you may have a recourse. I'd recommend you consult with an attorney for a free consultation. You could have other claims such as violations of the wage act. Many employment attorneys, such as myself, offer free consultations. That's usually a good place to start. Good luck.

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  • Can my boss cancel my vacation pay with under a week's notice.

    I have three weeks vacation time and I am being told they will not pay my third week vacation. I have nothing in writing because it was a verbal contract. My payroll records would clearly show that I was paid for three weeks for the past few year...

    Danielle’s Answer

    Yes you do have rights and recourses. Accrued, earned, and unused vacation time is treated as a wage in MA. You should contact an attorney because the MA Wage Act provides for attorneys fees with a successful claim. You'll also have to report this to the AG's office, which wage act attorneys like myself usually help with.

    Good luck!

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  • The way to get my right back and the guilty man have to pay what he did ? sexually abuse

    to be poorly treated and abused sexually in my work, I made a claim against the abuser in HR, the days passed without any notice or investigation without knowing anything until i get fired also the lady in charge my case in HR she quit. now I do n...

    Danielle’s Answer

    I'm sorry to hear what you went through. If you want to pursue this, you'll want to consult with an attorney, and retain one if possible. You'll (hopefully with the help of counsel) want to file a Charge in the MCAD (Mass. Commission Against Discrimination). There is a 300 day statute of limitations to file there, so you want to get moving on this ASAP.

    Good luck with whatever you decide.

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  • My landlord is harassing me and not taking care of property

    my landlord harasses me about my rent when i pay within the first 2 weeks of the month being a single parent depending on child support to help with rent. she will call and scream at me threatening to come to my door to collect. i have tried to ...

    Danielle’s Answer

    First off, your rent is probably due the first of the month. Being behind for almost any reason is generally not acceptable to landlords. Just food for thought...

    That being said, it sounds like your landlord might be violating both the warranty of quiet enjoyment (which could entitle you to damages PLUS attorneys fees) and the warranty of habitability (which could entitled you to damages PLUS attorneys fees). If I were you, I'd contact a landlord tenant attorney immediately for a free consultation. Good luck.

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  • I'm a landlord, can i file discovery just like the tenant did to me?

    I'm a landlord who is trying to evict my tenant. He filed interrogatories and something else and I answered them. I want to ask him the same questions -- can I do this? He wants a jury trial

    Danielle’s Answer

    Honestly, I think you should hire an attorney to do this for you. This is a highly technical area of the law. One misstep on your side could end with you owing the tenant money and losing the eviction. You'll probably save yourself money by hiring an attorney to handle this for you.

    However, if you decide to do this on your own - here's a few tips:

    - Carefully review the security deposit laws if you have taken one. They are super technical, and if you've violated it, you'll likely end up owing the tenant three times that amount plus attorneys fees. It gets expensive.
    - If the tenant is asking for a jury trial and sticks to that when you go to court, ask the court to require the tenant to post the on going rent to the court while you are waiting for the jury trial. Tenants ask for jury trials because they know it will take several months to get a jury. You can reasonably ask for the court to hold on going rent which will mitigate your damages down the line.

    I advise you get an attorney to do this for you - but if you don't and you proceed on your own, good luck!

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  • In 2013 I purchased my first home. I've now received notice from the IRS that I owe them $10,000.

    As a first time home buyer, I used all of a $23,000 IRA as part of a down payment. It wasn't taxed when it was given to me. I'm over 55 so I believe it was okay for me to take it w/out penalty. I just received notice from the IRS that I owed t...

    Danielle’s Answer

    The best way to resolve this with the IRS is to pay it in full asap so that no further interest or penalties accrue. If that is not possible (which it is not for most people), another way to deal with it is in a chapter 13 bankruptcy. On the downside, you'll have to pay attorneys fees and trustee fees, but the tax debt itself will be paid over a 3 or 5 year plan, during which time the interest and penalties DO NOT continue. If you have other debts such as credit card debts, you might want to consider this option. Working out payment plans with the IRS usually means you're paying more over time due to interest. I'd suggest contacting a bankruptcy attorney for a free consultation to discuss possibilities. Good luck with whatever you decide.

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  • If I tested positive for marijuana on a pre-employment drug test, can I challenge it contesting that the test is unfair?

    I was clean for 60 hours before the test. They did not test for THC (or that I had used marijuana recently), they test for the marijuana derivative that stays in your body for up to 30 days. My claim is that is unfair because other, worse drugs li...

    Danielle’s Answer

    On the basis that you should be able to use pot because its less severe than other drugs, no.

    If an employer doesn't want employees using drugs, you can be terminated (or not hired) for a positive finding test.

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