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Nicholas J. LaFountain

Nicholas LaFountain’s Answers

24 total

  • Should I take action for him filing a false police report?

    My ex-fiancé called the local chief of police and told him I was suicidal and threatened me he would call CPS on me. I'm currently on probation and have straighten my life out and don't need this slander and defamation of character. He continues t...

    Nicholas’s Answer

    I suggest you find a local attorney to discuss the issue. Some states may make reports to the police privileged as an absolute rule. Another issue could be reporting an opinion vs. fact.

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  • How do I find out if my boyfriend is still married?

    we want to get married, but his ex said they are still married, but has told family, friends that she celerbrated her diviorce years ago, they were married in Flordia, were living in Tenn @ the supposed time of diviorce.

    Nicholas’s Answer

    You would need to research the records of the court where the divorce allegedly took place.

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  • Can my ex-wife fight a divorce decree in another state?

    My wife and I seperated in which I moved to Fl because of business and she remained in New Hampshire with our twins. she filed in new hampshire and our divorce decree was complete 8 years ago in2004. Our hearing took 2 days in which fighting for ...

    Nicholas’s Answer

    The divorce decree / judgment, etc., may play a role. However, an initial inquiry should focus on what ties, if any you have to Massachusetts. Mass would likely have subject matter jurisdiction over the children if they resided here as long as you say. Whether Mass has personal jurisdiction over you is an entirely different question. If you have no ties I think you would prevail on a motion to dismiss. If you have any ties the ties would need to be evaluated against the law here.

    If Mass does have jurisdiction for the case and over you, getting here for mandatory court appearances would be on you. If Mass has no jurisdiction over you, she may need to bring an action in NH if she still can, or come to you in FL.

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  • OUI FEES

    Could you tell me in mass, do you have to pay an additional $500 for taking the breathalizer test to get your license back? How much does it usually cost at the reg to get my license back. Thank you '

    Nicholas’s Answer

    A fee to take a breathalyzer? That does not sound right. Like the poster above, it sounds like you are asking if you really have to pay a resinstatement fee, which is typical.

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  • Is a petty theft misdemeanor can prevent me from getting a citizenship I had to pay fine and put on a court probation

    And it was expunged after the probation.no jail .its my only offense .im a green card holder sinc 2005 this happend in 2007 should I just apply for citizenship can I loose my green card if I hrt denied or I can renew my green card.

    Nicholas’s Answer

    The attorney directly above is spot on. It is highly unlikely to have been expunged. Sealed perhaps but expunged after pleading guilty I really doubt.

    As for immigration consequences, you are probably going to be ok and eligible for citizenship once 5 years passes (if not sooner based on an exception). But petty theft is too loose a term to assess, as is probation (some probation is implemented in connection with a suspended sentence). You should review your actual CORI / docket sheet(s) with an attorney knowledgable in immigration and criminal defense.

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  • Are these issues grounds to break a lease?

    We recently moved to what we thought was a nice basement apartment in May. We are adding last months rent to current rent for five months, and this is really hurting us financially. After we moved we discovered this place was only clean on the sur...

    Nicholas’s Answer

    I would never tell someone to simply go ahead and break a lease because a tenant saw a mouse or two, some ants, and what appears to be mold to the naked eye. Too much risk you would be held liable for the balance of rent owed. However, you are not without recourse or possible claims (potentially including a claim to void the lease). In order to get a full assessment, I suggest you immediately contact your local Board of Health for a complete inspection. Then make an appointment with a knowledgable landlord tenant attorney to discuss what they find.

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  • What is my landlords responsibilities if I get injured on the property?

    last night on 6/23/2012 i was walking up the stairs on the side of the house to go in the back door. While walking up the step (the one on the bottom I fell off the left side of the stairs (where the railing was taken off) and fell on a tree and s...

    Nicholas’s Answer

    If you fell and were injured because a required railing was removed you likely have a good claim that the landlord is at fault. But a complete assessment is not possible based solely on what you have written. Defenses to the claim also need to be assessed, including comparative negligence, causation and damages.

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  • If I married in 2010 to a Ghanian in Accra Ghana and I am a US citizen and live in USA, can I marry here without divorcing?

    The man I married is never coming here to US. He scammed me into marring him in Ghana, so we will never be together.

    Nicholas’s Answer

    No, you cannot simply pretend you did not get married if you legally wed.

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  • My car was parked , another car hits it an totals it and I owe more than what their insurance will pay, do I pay the difference

    I owe more than the other persons insurance says it is worth. Am I responsible for the difference.

    Nicholas’s Answer

    Absent something the lender did wrong, if you purchase a vehicle by taking out a loan, then you owe the balance of the loan regardless of whether the car is destroyed in an accident, stolen, or simply becomes undriveable. Whether the insurer for the other driver believes the car is worth x, y or z is irrelevant to what you owe the lender.

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  • Do I have to pay a rental fee?

    I broke my lease but managment found a new tenant. The management charged my landlord a rental fee (which they do everytime the apartment is rented) and now the landlord has passed this fee on to me. Do I have to pay this? Niether the landlord ...

    Nicholas’s Answer

    What damages you have to pay when you break your lease vary depending on the facts of the case. If you leave early, you are liable up to the full amount of rent still owed minues what the landlord is or should have been able to "mitigate." If you truly left early, and the landlord is claiming their damages are only a reasonable fee charged by someone who found them a new tenant in time to avoid you paying rent for the place you no longer occupy, then by not paying it you risk a judgment against you (with interest) if the judge or magistrate agrees the fee paid by the landlord was reasonable, and caused by your breach of the lease.

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