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Robert J McCarthy Jr

Robert McCarthy’s Answers

59 total

  • My son who is 17 received a citation for minor in posession of alchohol. If found guilty will his record be sealed?

    He was not arrested (the police officer drove him home)

    Robert’s Answer

    Records are not sealed automatically in Massachusetts. An application to seal the records must be made. Here is a link that provides additional information. http://www.lawlib.state.ma.us/subject/about/cori.html#seal

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  • If we can;t refinance a mortgage how do i get my name off the mortgage?

    my ex and i bought the house together and broke up. I am not living there, and I want my name off the mortgage. We can not refinance because the value of the house is lower than the amount owed. what should we do?

    Robert’s Answer

    Lenders will generally not allow a name to be removed from a joint mortgage like the one you described. Two options are to have the person living in the property refinance (the refinance doesn't have to be with the original lender) or sell the property and pay off the mortgage with the proceeds of the sale and other personal funds.

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  • Can I sue for defimation of charcter for slandours lies make about me to family members and friends?

    Ex- wife younger sister, also married to my younger brother, has consistanlty made up lies about me, constatantly (daily) calling family members and spreading these lies. It has not only stressed me out beyond reason but has stressed other family ...

    Robert’s Answer

    Here is a link that provides some additional information on defamation: http://www.lawlib.state.ma.us/subject/about/defamation.html Hope it helps.

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  • My husband and i had a altercation and i got a fat lip and bruised rib.

    he went to court and the only thing the judge said was its punishable up to 2 years will he do time i don't waunt him to go to jail

    Robert’s Answer

    Please consider getting domestic violence counseling for yourself so that you don't fall victim again to the type of incidence you described. Here is a link to a program in your area: http://www.safeharborky.org/our-services.htm

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  • How do I add a middle name for my 6 year old? In Utah.

    Her dad is willing to let her get a middle name we just need to add it.

    Robert’s Answer

    Here is a link to the Utah State Court website which provides helpful information regarding your name change question: http://www.utcourts.gov/resources/forms/namechange/juvenile/instruct.asp

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  • Ok I'm trying to go into the navy. But to go in I have to give I guess custody to someone my mom. How do I go about doing that

    I have full custody already. What steps do I have to take in the state of Maryland to give custody to my mom while I'm in Basic Training, then schooling.

    Robert’s Answer

    Here are two suggestions to get you started on resolving your question:

    First many states allow a parent to designate a "stand-by" guardian. Here is a link to Maryland's statute: http://law.justia.com/codes/maryland/2010/estates-and-trusts/title-13/subtitle-9/

    Second, you may want to consider giving your mother a special power of attorney rather then relinquishing custody. The special power of attorney should be drafted to give your mother the power to make educational, medical and other important decisions regarding your child/children.

    You should speak to a Maryland attorney about your options. If you have already enlisted in the Navy, consider seeking the free advice of a Naval Judge Advocate.

    (Caution: the above statutory citation may not be the most recent version of Maryland law.)

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  • I am 17 with my own kid and i still need my parents permission. How can I change that?

    I havent been living with my parents for over a year. I want to be able to do what I want without them saying no.

    Robert’s Answer

    You may find the information contained on this site relevant to your question: http://www.michiganlegalaid.org/library_client/family/emancipation_of_minors/html_view

    Also here is a link to the Michigan emancipation of a minor court form: http://courts.michigan.gov/scao/courtforms/emancipation/pc100.pdf

    It's a good idea to speak to a Michigan lawyer about your situation. Here is a link to Michigan Legal Aid: http://www.michiganlegalaid.org/

    Good luck.

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  • Can I take my roommate to small claims court even if she wasn't on the lease?

    We had a verbal agreement that if one of us moved out, that person would pay their half of the rent for the next month so there wouldn't be a huge burden on the person who was staying. I have pictures of mail she received at our address that prove...

    Robert’s Answer

    An oral contract is an agreement made with spoken words and may generally be enforced the same as a written agreement. Most any legitimate dispute may be settled in court including disputes between former roommates.

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  • Scammed by regional assembly company

    I sent a money order in the amount of $150 to receive 100 booklets to be assembled. They would pay me $10 per booklet. I never received anything and now they avoid my calls. How can I get a refund? Thanks so much!

    Robert’s Answer

    The Federal Trade Commission provides some useful advice regarding your problem. Here is a link to information provided by the FTC regarding work at home schemes: http://www.ftc.gov/bcp/menus/consumer/invest/workhome.shtm You may file a complaint with the FTC here: https://www.ftccomplaintassistant.gov/ The last suggestion is to file a complaint in MS small claims court. [http://www.consumeraffairs.com/consumerism/small_ms.html] Hope this helps.

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  • Is Intentional Misrepresentation identical to Fraud?

    Are there any differences between these two claims? In other words, if there is an intentional misrepresentation so as to deceive, induce, etc., wouldn't it be the same thing as fraud?

    Robert’s Answer

    In Massachusetts to sustain a claim of civil misrepresentation, a plaintiff must show a false statement of a material fact made to induce the plaintiff to act, together with reliance on the false statement by the plaintiff to the plaintiff's detriment. See ZIMMERMAN v. KENT, 31 Mass. App. Ct. 72 (1991) [http://masscases.com/cases/app/31/31massappct72.html] Civil fraud is defined similarly by case law. Fraud based on deceit, requires the plaintiff to show that the defendant “made a false representation of a material fact with knowledge of its falsity for the purpose of inducing the plaintiff to act thereon, and that the plaintiff relied upon the representation as true and acted upon it to [his] damage.” [http://caselaw.findlaw.com/ma-superior-court/1566922.html] You would need to consult with a AZ attorney to get a better understanding of the definitions under AZ law.

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