Neal L Weinstein's Answers

I received a summons delivered by the sheriff.

This particular law firm actually buys debt that has been written off, and then tries to collect it. In your case, however, someone else (Midland) bought this written off debt, and the assignee/plaintiff (Midland) will not likely have all of the original paper work. You are entitled to request a copy of the original written application for credit card and original agreement you signed, along with copies of every payment you made to them, and how the money was credited to your account, along...

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DEA agents came to my friends house where he has a marijuana warehouse on the property....

I have to assume that your friend has an attorney already, as he is facing certain jail, and the State Court would have appointed him an attorney if he could not afford an attorney, or leave it to the client to hire his own attorney. The charges are felony charges and there are limited defenses, but without reading the police reports in detail and discussing the case in detail with your friend, there is no way of knowing what the defenses are and what will happen. Suffice it to say that his...

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Can I be charged rent when my landlord changed the locks and took my keys?

Actually, when he changed the locks, he illegally evicted you unless you gave him the keys. If you had not moved out, he could only charge you the existing rent under a holdover clause, and nothing more. You can argue waiver, consent, accord and satisfaction and if he rented the unit, he can not collect twice. I would not pay him, but request the security deposit to be returned, and you should have already received a letter to that effect. You should consult an attorney and contact Pine Tree...

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I have a property manager that wont return my calls and has my tenants rent and security deposit

I agree with the answer already posted, in that you should send a letter and call your tenant and have them send proof of payment to you for rent and security deposit, along with a note that future rent has to be sent directly to you. I would also send a letter to the property manager indicating your concern that she took your tenant's rent money and security deposit, and asking that it be sent to you within 7 days, that she is fired, or the matter will be turned over to the local police or...

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Can I sue for Slander/ Defamation or libel?

Yes you could sue for libel, not defamation as that is written not oral, and your situation is oral. You should immediately request your employee personnel records and records of your prior employment reviews, as these may state that you are reliable, not lazy, and not irresponsible. IF your employment records contradict the statements they are making, you could sue and probably win. You should also hire a local labor lawyer who specializes in these types of matters

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Child support appeal denied re: Is appeal to Superior court worth it?

Yes, you should immediately appeal as you only have a short period of time to do so. I am not sure what you are appealing, as the DHS order is not a court Order, unless they went to court and modified the original order. If you have proof of payment and the signed document you should definitely fight this situation. However, you should NOT do this yourself, as the money is sufficiently large to require you to hire an experienced appellate attorney to represent you.

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My boyfriend is incarcerated and facing 2 class B felony robbery charges for robbing 2 pharmacies, what's max sentence?

Each Class B robbery charge carries a max of 10 years, and they could be consecutive, but not likely. Did he use a weapon? There is no way to predict what he will get at this point. he will likely plead to a split sentence, meaning he will get an extensive prison term and probation, but the amount of jail is not predictable at this point without being able to review the discovery in both cases as well as his crim history

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Served with summons for our neighbor who is in foreclosure. We are"parties in interest"

You are probably correct. To do a proper foreclosure, a title search would be done. Your name came up because of the easement. Nothing to worry about. You could send back a letter claiming that you do have an easement in order to protect your rights.

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My 15 year old niece attacked a kid at school and put her in the hospital. What will happen to her in this situation?

I am an attorney in Maine. Your niece will likely be charged with a felony charge, if it has not already happened. She will likely be arrested and taken into custody pending a court hearing, especially since she has already attacked her father. If not, she will be scheduled for an initial hearing in court and will likely be appointed an attorney. Because she made allegations of abuse, the DHS will likely be a part of the scenario. In court, the DA will probably want some type of...

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My ex takes our children on his visitation days yet is out of town and not available for them, do i have the right to keep them.

To protect yourself, you should file a motion to amend the visitation schedule. You can get mediation pretty quickly on this topic, and generally will have the right to change the visitation schedule to have the kids, if is not going to be around. your rights are more important than the grandparent's rights.

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