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Phil A. Taylor's Answers
- 462 Legal Answers
- 0 Legal Guides
7
Attorney answers:
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I slid on snow and hit a curb. Car is totaled. My license is suspended. Will insurance cover my car damages? I live in MASS
You may want ro consult with an attorney. Review the Mass. auto policy carefully as to who is covered and any exclusions. It may disclaim some or all coverage while engaged in a criminal act. Driving with a suspended license is a crime.
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Attorney answers:
How would I go about obtaining custody of my daughter back from my parents?
If you signed over custody to your parents and went to court to do this, you likely assented to your parents being appointed as guardian. In order to remove your parents as guardian you need to file and serve a Petition to Remove the Guardian. There is a form from the Court to do this. If nobody is contesting the removal, likely a hearing will be scheduled and the situation will be explained to the judge. You can do this on your own, but it may be best to speak with an attorney to guide you...
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Child support
With open complaint for modification you can do discovery and seek information from his employer, bank, or others with discoverable information. An attorney to handle this would be best, however, if this is not an option the local law library has many books on he subject and some Mass resources are on the Internet. Google "Mass legal help" and some may be found. First, before you do this the guidelines should be used to see what change would result in child support would result with...
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2
Attorney answers:
Child support issue
It was a long story, and the best advice I can offer is to speak to an attorney and get the case filed for modification as soon as possible. There are a number of arguments to make to try and obtain some credit for how the payments were being made, presuming that it is your position that the $176 per week is to be part of your child support payment and not a "bonus." One can never know how the judge will rule, we only know how we want them to rule and do our best to argue for that situation...
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I am pro se Plaintiff in civil suit.
A pro se party is expected to know and abide by the Rules of Civil Procedure and is generally to be held to the same standard as an attorney. There are also several standing orders that may be applicable as well. You will be well served by at least consulting with an attorney, if not hiring one to represent you. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship....
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Attorney answers:
How do I file 50/50 ownership to an existing incorporation ?
Owners of a corporation are those that hold its stock. Not sure what you mean by "filing" for 50/50 ownership. After the corporation was formed it may have issued stock. The persons it issued stock to are the owners of the corporation. If you are concerned about something that happened, or is happening, and its effect on you as a possible owner, you should speak to an attorney that handles these matters.
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Attorney answers:
I am a landlord witha tenant who has not paid rent for month of november bu has paid for the following months up to feb
You can handle the eviction yourself, unless the property is owned by a trust or corporate entity. Some courts will permit the manager to proceed, but others will require you to have an attorney as only an individual can represent themselves. The filing fee is $195.00, the summons fee is $5.00, and the service fee can vary depending on whether the sheriff or constable is used, and the number of attempts, so estimate about $40 - $60. With any type of legal action, do consider speaking to or...
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Attorney answers:
Can i be issued a warrant for failing to go to a civil matter or do i just owe...
It depends on where in the legal process the claim is. If judgment entered and this was a payment review hearing, yes, a capias, or civil arrest warrant, will likely be issued. If judgment did not enter, then the failure to appear will likely result in judgment entering against your. DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented...
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What is next?
In addition to the other posts, you may wish to speak to an attorney about seeking a restraining order against your brothers father-in-law. Note, this is not a domestic violence restraining order under M.G.L. 209A, rather a restraining order under the equity jurisdiction of the Superior Court. You may wish to speak to the attorney that handled your criminal matter as s/he will have information about the background. DISCLAIMER: This answer is provided in response to a "hypothetical"...
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5
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4 people own a house,, no one wants to pay property taxes,, can 1 owner force a sale
An petition to partition the property needs to be filed by the person that wants to sell and this should be done ASAP. There are other issues to look at such as who is living at the property, etc. The petition does not partition the property into several parcels, but forces the property to be sold and the proceeds disbursed to each party. If someone has paid for upkeep, taxes, etc. then this can be addressed in how the proceeds are distributed.
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