Robert J McCarthy Jr’s Answers

Robert J McCarthy Jr

Saugus Estate Planning Attorney.

Contributor Level 12
  1. We purchased an item that was misrepresented on Craigslist. Do we have any recourse?

    Answered about 1 year ago.

    1. Robert J McCarthy Jr
    1 lawyer 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.

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    2. Herbert Warren Cooper IV
    3. Erik Hammarlund
    4. Henry Lebensbaum
    5. Karyne Therese Ghantous
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

  3. How do I know that my name was put on the birth certificate?

    Answered over 1 year ago.

    1. Robert J McCarthy Jr
    2. Julie Court Molloy
    3. Anthony Rao
    3 lawyer answers

    If a judge finds that paternity has been established and orders that the father’s name be included on the child’s birth certificate, then the father's name should be added to the birth certificate. Go to the town or city hall where the child resides and get a copy of the birth certificate to check if your name is on it.

    2 lawyers agreed with this answer

  4. Hello I Am 17 years old i will be turning 18 in January. (female) i work im independent aways have been and i want to move out

    Answered about 2 years ago.

    1. Robert J McCarthy Jr
    2. Barry Franklin Poulson
    2 lawyer answers

    Here is a link to information regarding emancipation of minors in Massachusetts: http://www.masslegalhelp.org/children-and-families/emancipation Most judges will not grant a minor emancipated status. Also, if a judge is not convinced that emancipation is in a minor's best interests and their story sounds like there may be abuse, neglect, or abandonment, the judge may ask the the Department of Children and Families or probation to investigate.

    2 lawyers agreed with this answer

  5. My son is divorced, he has sole legal custody and he and his ex share legal custody.

    Answered about 2 years ago.

    1. Robert J McCarthy Jr
    2. Todd Allen Davidson
    3. Henry Lebensbaum
    3 lawyer answers

    Check out the link to this document and read section 5-202 (Parental or guardian appointment of guardian for minor) for information regarding the appointment of a guardian for the children. Also, judge's are inclined to award children to stable caretakers as opposed to awarding custody to abusive, absent and unstable parents. It may be a good idea to keep a journal noting the mother's inconsistencies, absences from visits and unusual behavior. (Note that the children should never be allowed...

    2 lawyers agreed with this answer

  6. Options about car dealership and warranty co. not honoring contract

    Answered about 2 years ago.

    1. Robert J McCarthy Jr
    2. Edward A. Prisby
    3. Scott Richard Kaufman
    3 lawyer answers

    The Massachusetts Used Vehicle Warranty Law protects consumers who buy used vehicles from a dealer (or private party) in Massachusetts. Remember to maintain complete records from the day you buy your vehicle, keep a diary of problems and repair attempts including the dates of service, the problem you reported and mileage at the time of repairs. See this site for more information: http://www.mass.gov/ocabr/business/autos-transportation/lemon-law-used.html (The link is also provided below.)

    2 lawyers agreed with this answer

  7. I'm looking to get my sons father to terminate his rights, but I don't have a partner who is willing to adopt him can it be done

    Answered over 3 years ago.

    1. Philip W. Mason
    2. Robert J McCarthy Jr
    2 lawyer answers

    To report abuse or neglect of a child, call the Massachusetts Child-at-Risk Hotline anytime of the day or night at 800-792-5200.

    2 lawyers agreed with this answer

  8. 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?

    Answered about 1 year ago.

    1. Deborah Gwen Roher
    2. Robert J McCarthy Jr
    2 lawyer answers

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

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Can I be denied a public defender based on income?

    Answered about 1 year ago.

    1. Robert J McCarthy Jr
    2. Harry Edward Hudson Jr
    2 lawyer answers

    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.

    3 lawyers agreed with this answer

  10. Is it legal for police to tow your car for having no inspection. Sticker but my cars are registered and insured

    Answered about 2 years ago.

    1. Robert J McCarthy Jr
    2. Nicolas A. Gordon
    2 lawyer answers

    Most claims for money damages against the Commonwealth, a state agency or authority, or a city or town that are based on the negligence or intentional wrongdoing of a public official or employee must be brought under the Massachusetts Tort Claims Act. (See G.L. c. 258) Such an action would be a pretty expensive proposition. A person may bring a small claim in the District Court generally based on a government contract, a claim against a housing authority, or a claim authorized by some other statute.

    1 lawyer agreed with this answer