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Robert J McCarthy

Robert McCarthy’s Answers

59 total


  • We purchased an item that was misrepresented on Craigslist. Do we have any recourse?

    The seller advertised the bike as being "bought new from Wheelworks in 2010". Upon bringing the bike home and having issues, we discovered this particular bike model was only manufactured in 1995-1997. Do we have any legal options? Thanks.

    Robert’s Answer

    If you are not able to resolve your complaint through contacting the seller and requesting a refund, you may use the Massachusetts Small Claims Court. Small Claims Court is designed to help people settle disputes of $7,000 or less without the aid of an attorney.

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  • My employer tried to coerce me to sign a contract by refusing to pay for a shift already worked unless I did. Is this extortion?

    I arrived for my shift today, as I do on a weekly basis, performed my job and went to collect my paycheck. Our agreement has always been that pay is given at the end of the shift. Today however, after the completion of my shift, a subordinate mana...

    Robert’s Answer

    Massachusetts law requires employers to pay wages earned by their employees. See the following link for more information.

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  • I am a grandparent of a child in DCF,, she is currently living with a foster family. Can I possibly get unsupervised visits?

    My grandaughter has been in the system all her life, she is soon to be 7 years old. 4 years ago, she was with a foster mother through the mentor program , during that time, I saw her every weekend. I also had her for a little over a month , living...

    Robert’s Answer

    According to G.L. c. 119 section 26B of Massachusetts General Laws whenever a child is placed in family foster care, the court and the department shall ensure that a grandparent of a child who is in the department’s care or is the subject of a petition under this chapter shall, upon that grandparent’s request, have access to reasonable visitation and that the department establish a schedule for that visitation, unless it is determined by the court or the department that grandparent visitation is not in the child’s best interests.

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  • What does LCT order mean on my COA docket?

    We had our hearing in front of the COA on March 5th, it is now July 9th and we haven't received a response. The last thing on the docket says "Material received by record room" and below it says in the comments "LCT order." What does this mean?

    Robert’s Answer

    It may mean lower court order.

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  • Can I be denied a public defender based on income?

    I went to my plea hearing and filed an affidavit for a public defender. The judge looked at my income and said she felt my income was too high and said she was going to deny my request. Mine, and my spouses income, were clearly offset by our debt....

    Robert’s Answer

    According to the below link the Office of the Public Defender in Arkansas provides representation to those who cannot afford private counsel and, as you experienced, and according to the web site, a judge determines eligibility for a public defender based on a person's current financial situation. Below are some links to legal aid services in Arkansas that may be able to point you in the right direction.

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  • Does a motion for "writ of error coram nobis" still exist in SC?

    I have just receive new eyewitness evidence to prove my innocence from a prior conviction, an was wondering if motion for "writ of error coram nobis" is the best avenue to pursue?

    Robert’s Answer

    SC Rules of Civil Procedure, Rule 60B (RELIEF FROM JUDGMENT OR ORDER) states in part that writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

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  • We received a letter from a Lawyer of a client we did landscaping and construction for over 2 years ago.

    We tried to remedy the situation over and over and the customer continuously added more and more work- to the tune of over $8000 in time and materials above the original work. Above that she called the homes of family members to "tell them what we...

    Robert’s Answer

    Whenever a party files a civil complaint, the other party may respond by filing a counterclaim. Although the counterclaim might not be either of the causes you listed, it would be prudent to discuss your counterclaim options with the attorney hired to respond to the complaint.

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  • I would like to get a lawyer but can not afford one being on disability. i'm wanting to sue social security administration for.

    my wife was getting ssi til i was making to much money working part time. i am on disability. my wife was given an over payment when they discontnued her payments. we payed it back 2 days later in there office by check in full. for one year after...

    Robert’s Answer

    Regarding legal aid, the link below may provide you with some needed answers. Hope it helps.

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  • Does a start up need legal advice? If so, what are the most important issues to review?

    no further details.

    Robert’s Answer

    • Selected as best answer

    Most start-up businesses would benefit from legal advice. Some legal issues to consider would include: Making sure the business idea isn't infringing on someone else's legally protected idea; taking steps to protect the trade secrets and ideas of the business; dealing with employment issues; choosing a legal structure such as partnership, LLC, s-corporation, and funding issues.

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  • I have temperary custedy of 4 grand children's, how can I get finically support ?

    the mother and father are on drugs the kids have been living in my house for five years I was given temperary custedy one year ago here in the state of ms. I only receive snap benefit for food am I eligible for finically help

    Robert’s Answer

    I've attached links to two websites that may have helpful information. Hope it helps. Good luck.

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