Adam Peter Phipps’s Answers

Adam Peter Phipps

Melrose Divorce / Separation Lawyer.

Contributor Level 9
  1. My husband was supposed to buy me out of our house 2 weeks ago by court order. This was put in our divorce 10 years ago.

    Answered 7 months ago.

    1. Adam Peter Phipps
    2. Erik Hammarlund
    3. Christopher W. Vaughn-Martel
    4. Robert Winford Carpenter
    5. George S. Frederick
    5 attorney answers

    Hire an Attorney; send a demand that he abide by the order then file a contempt action against him. When one party fails to abide by the judgment (no matter how old) they are in contempt of the court. I am currently handing several of these. Some can be worked out by agreement and others need to have the weight of the court behind them.

    6 lawyers agreed with this answer

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  2. I received a Notice to Quit which states that I failed to pay rent $2.47 which represents partial parking for September 2012

    Answered 8 months ago.

    1. Adam Peter Phipps
    2. Patrick Bull
    3. Robert A. Stumpf
    3 attorney answers

    Actually, I would be a bit more careful about this situation. Was this a 14 day notice to quit for nonpayment or a 30 day notice (which can be for any reason such as not paying a parking fee) Under G.L. c. 186, § 11, if a tenant's tenancy under a lease has been terminated for nonpayment of rent (14day notice), the tenant has up until the answer date in the summary process action to “cure” the arrearage by tendering all rent due (including use and occupancy that may have accrued in the...

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  3. Can I sue to get out of my student loans, and If i can how would I?

    Answered 4 months ago.

    1. Adam Peter Phipps
    2. Terri D. Leary
    3. Melissa Anne Levine-Piro
    3 attorney answers

    The short answer is no. You aren't going to get out of your student loans. If the bank did something that violated the law or was unfair and deceptive, you may have a consumer protection law suit, but what you have described is probably not enough. Contact an attorney to assist you in writing a demand letter to the loanholder and see what happens from there. The loan documents and types of loans will play a large part in determining if what they did was alllowable or not. GL, Adam

    6 lawyers agreed with this answer

  4. I stole from macys , What are the possible consequences?

    Answered 7 months ago.

    1. Adam Peter Phipps
    2. Terri D. Leary
    3. Melissa Anne Levine-Piro
    4. Ilir Kavaja
    4 attorney answers

    The first thing I would suggest is that you don't state your question as a statement. DO NOT ADMIT ANYTHING without the advice of a lawyer! Many things will affect the outcome of this. Shoplifting is different than larceny. Exact amount of the items, what your criminal record shows, there are different factors. TALK TO A LAWYER! Shoplifting punishment: "......and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine...

    6 lawyers agreed with this answer

  5. What can I do if I am being harassed by my landlord and is it harassment?

    Answered 8 months ago.

    1. Adam Peter Phipps
    2. Erik Hammarlund
    3. Joshua N Robbins
    3 attorney answers

    Based on what you have in your posting, you need to immediately contact an Attorney. There are many protections for Tenants in general and additional protections for the disabled. There are also extremely strict laws governing debt collection and all provide for significant penalties to the landlord, including multiple damages, cost of litigation, and Attorney's fees. I always give a free consult to clients and often take cases like this on a contingent fee basis, meaning the cost to you is...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Good cause eviction vs. non material compliance...masss

    Answered 7 months ago.

    1. Adam Peter Phipps
    2. Jefferson W. Boone
    2 attorney answers

    I am not sure I understand your question in terms of eviction (unless you are speaking of a Sec 8 tenancy or for an environmental eviction because of a dangerous contamination). Generally, there are 3 ways to get to an eviction, a 14 day notice to quit for non payment of rent, a 30 day for any lawful reason and an immediate eviction without a notice for serious illegal activity (drugs, prostitution, etc...). The only "non" good cause reasons for a 30 day notice to quit type of eviction...

    5 lawyers agreed with this answer

  7. Can I sue my community college (MA) for failing to process my student paperwork, triggering my loans to kick in and bankrupt me?

    Answered 7 months ago.

    1. Adam Peter Phipps
    2. Ryan Sherman Loughlin
    3. Stephen M Trezza
    3 attorney answers

    Sorry you have to deal with this. Technically speaking yes, you can bring an action agaisnt the school, but it is extremely doubtful you would prevail. A negligence claim would probably be the only claim that would make sense, but it would be difficult to maintain. You should probably look into a hardship deferment with the student loans, rather than just letting them go unpaid. I don't know what your financial situation is, but if you are on public assistance or have an income below the...

    5 lawyers agreed with this answer

  8. I am getting $20,000 in a divorce settlement. I owe $29,000 in child support. What happens with this $20,000

    Answered 7 months ago.

    1. Adam Peter Phipps
    2. Erik Hammarlund
    3. Melissa Anne Levine-Piro
    3 attorney answers

    Erik beat me to it, it will depend on who you owe the money to and who is giving you money. Also, if your Social security is SSI SSDI or retirement benefits. If it is SSI, you will need to be very careful, as it WILL affect your SSI benefits negatively. As you know you are only allowed $20 per month as unearned income under SSI; you are only allowed $2000 in a bank acct. However, if the settlement and support are from the same source, you should have your lawyer ask if the money can be credited...

    5 lawyers agreed with this answer

  9. Which state has jurisdiction to modify child support and spousal support?

    Answered 8 months ago.

    1. Adam Peter Phipps
    2. Anton R. Reinert
    2 attorney answers

    This is an extremely difficult situation to be in, Texas had original jurisdiction and now it doesn't because both parties left the state, presumably, for more than 6 months with no intent to return. Becasue this is a multi jurisdictional case (involving more than one state) The Uniform Interstate Family Support Act (UIFSA) is the basis for jurisdiction. It applies to both child support and spousal support matters. You absolutely need an attorney to deal with this kind of issue, these...

    4 lawyers agreed with this answer

  10. Massachusetts divorce. Child is 19.5 years old. Decree reads support ends at 18 unless attending college or vocational school.

    Answered 4 months ago.

    1. Adam Peter Phipps
    2. Kenneth P Doherty
    3. Henry Lebensbaum
    4. Norman Antonio Stiteler
    4 attorney answers

    The judge will look at the best interests of the child. If what is in the seperation agreement is contrary to the childs interest all bets are off.

    3 lawyers agreed with this answer