I would move to dismiss. The motion stays the response period. This way, if you prevail on juridictional grounds there is no need to subject yourself to the jurisdiction of the court by filing what would be a compulsory counterclaim. If you lose because you have the minimum contacts with Massachusetts than you would be forced to defend here.
This is something you should get an attorney for. Good luck.
No. There is no barrier. If an officer engaged in fraud the corporation has a claim against the officer. Be careful to plead fraud with specificity and precise facts. If the officer files for bankruptcy the claim is not be dischargeable.
The Condo Ass'n filed this action to collect unpaid condo fees. The mortgage lender will step in and pay the fees to preserve their priority. If they don't the Condo Ass'n has a first position for repayment in the event of foreclosure or transfer. Once paid, the bank will look to you to reimburse them for what they paid. Since Massachusetts law provides for the recovery of the legal fees and costs you will need to pay these as well.
Be advised that once the fees are paid the case will be...
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They have a link to a pdf document showing every agency in the Commonwealth of Massachusetts that may provide support under these circumstances.
Additionally, I would recommend that you speak with an attorney near you who is experienced with Special Needs Trusts (aka: Supplemental Needs Trust). This can be used as a vehicle to supplement publicly available support on a long term basis.
This is far from a reasonable expectation. This is a form of financial exploitation and the pressure being put on you is called "undue influence". There is a way to value your interest and nobody should be forcing you to convey this interest. This decision should be yours to make voluntarily after carefully weighing all options.
Do not do anything without first speaking with an attorney.
The answer to your question is going to depend on a combination of what your medical records suggest and what an expert opinion would support. It could be malpractice, and if it is, you also need to show damages to be in a position to collect. Speak with an attorney as soon as you can.
Many attorneys will provide a free consultation. If you have a case, most attorneys will offer you a contingency fee arrangement. If this is true for your circumstances you would not need to pay upfront for an attorney.
Do not let the insurance company make any check payable to the contractor. The chack should be made payable to you alone or payable to you and your mortgage company (if any). The dealings with the contractor are governed by MGL c. 142A.
If this happened in May, it is taking too long. If you have not done so already you should speak with an attorney.
Christopher J. Fein
If your question is "whether the bank will accept the appraised amount" the answer depends on the reasonableness of the appraisal. If your appraisal appears too low they can pay for their own and compare it to yours.
Attorney Weinberg is correct in saying that you could stretch out payments to IRS over 5 years, however, you might be able to do that anyway outside of a Chapter 13 bankruptcy depending on your circumstances.
Hope this answers your question. If it doesn't feel free to post...
I took a case like this to trial a few years ago. If what you say can be documented, you may have claims against a number of different parties. With that being said, any claim is contingent on the value of what you paid. If you paid the equivalent price of a 2 acre parcel you may not have any damages. If you paid for a 10 acre parcel and received a 2 acre parcel, you have a good case.
Start gathering all of the documents from the closing. Speak with a lawyer immediately because there is a...