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Sigmund David Schutz

Sigmund Schutz’s Answers

30 total

  • Using PACER

    My friend was recently contacted by a man in another state who I know to be a scammer--upon searching for his name on the internet I found a write up that was published by the SPLC. I planned to use PACER to show evidence of the man's legal histor...

    Sigmund’s Answer

    Call the USDC Maine Clerk's office and ask for the ECF / PACER help desk. They are great and will explain . . . . and confirm whether its worth your drive to Portland to run a search possibly for free.

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  • Want ONLY a MAINE PROBATE Attorney to respond.Can PR leave an amount in estate checking for 1 year & disburse balance to heirs?

    PR ready to final estate & disburse to heirs. PR responsible financially for 1 yr. & wants to leave 20,000 to cover any claims or errors - in estate checking & disburse remainder now to heirs by writing a personal check from estate checking to hei...

    Sigmund’s Answer

    If everyone signs off this sounds OK, but also seems unnecessary and unwise. Often PR asks for a release to be signed pending final distribution in order to gain comfort in distributing assets. You or better yet the PR could buy an hour of a York County lawyer's time for $200 or so and get a definitive answer and guidance on closing the estate properly and finally without holding the dollars for one year. Of course, if the PR dies, goes into bankruptcy, or suffers identity theft while holding those funds . . . who bears the risk of loss? The estate is not large, but large enough to make sure it is done the right way, IMHO.

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  • I can only access my property on the railroad bed. A club has put up a gate, How can I make them take it down?

    The railroad proclaimed landowners rights for 100years. On the 100th year as long as the property owner maintained the land, it would reverse back to the landowner. This is the only spot they are blocking on the bed that runs through the town.

    Sigmund’s Answer

    You have a few options (A) talk to the club and see if you can find a solution through discussion. Why did they put up the gate? Do they understand that it is your only access? If you consult a lawyer, he/she will be able to help you get to the bottom of the matter. If your rights are clear the chances are that your lawyer can approach the club and present your position; or (B) file a lawsuit to establish your rights and that the club is interfering with your right of access. The police or sherriff's department will probably consider the issue to be a civil matter. I do not recommend self-help.

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  • Is it illegal to impersonate and distribute photos?

    Somebody has made several facebook profiles impersonating me along with stealing photos of me and my family [husband and baby] and putting them up. Creating profiles on dating websites and a yahoo account all with photos. And sending a nude photo ...

    Sigmund’s Answer

    Yes. Have you tried the state police? This is contary to terms of service and a complaint to FB and yahoo and dating sites should get action. If you have proof law enforcement should help you with this. If you want to consider a lawsuit or legal help for a "cease and desist" letter, etc., see a lawyer.

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  • How long does it take for a motion for reconsideration to be answered by a federal judge.its been almost a year to date.

    lawsuit case

    Sigmund’s Answer

    Usually, fast in Maine, but there is no set time limit. I suggestion checking with the clerk's office and asking. The Court may have acted on the motion already, or there might be some problem if it wasn't filed correctly. Good luck.

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  • Can a small investor whose sell order on facebook ipo didn't execute properly resulting in a loss of $1800 have any recourse?

    I placed a trailing stop loss of 10% on my buy order of 300 shares with TD Ameritrade. I adjusted the order at 9:30 when the trading for FB had not yet begun. The people at TD Ameritrade helped me put in the exact info on the computer as I had n...

    Sigmund’s Answer

    You have three realistic options: (1) direct discussion with TD and/or NASDAQ -- have you complained to them? What is their explanation?; (2) complaint to Maine Office of Securities -- will they investigate or assist you?; (3) file a claim with FINRA against TD. Access to small claims court is probably barred by the arbitration clause in your account agreement. The size of your case is probably too small ... unless a class action is feasible, but then there are plenty of FB class actions already and I'm not up to speed on that. Good hunting!

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  • Social media question

    I am a journalist who will be speaking at a Florida Bar Association next week. I believe the following is true, but of course I want to be certain. The speech will be titled, "Social media, an ocean lawyers find themselves swimming in." I belie...

    Sigmund’s Answer

    For starters check out the Florida chapter in the open courts compendium published online on the rcfp website. See link.

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  • LLC formation

    here is the scenerio: Four siblings own equal shares in a property that is used as a rental for the winter months and a summer home......only 3 of the siblings pay there share of expenses out of rental income....the other sibling gets a separate ...

    Sigmund’s Answer

    You should consider equitable partition. Other options are possible, but need consent of all. I've attached a link to a few Maine cases involving partition.

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  • How many requests for documentation are allowed?

    After issuing a discovery request and receiving an incomplete answer, does an additional request for the information initially requested have a special name other than a "Request for Production of Documents"?

    Sigmund’s Answer

    In general if you ask for a document and don't get it you don't need to ask again for the same document. Instead, you need to meet and confer with the other side and if that does not work after a sincere effort to resolve the issue, ask the clerk's office for a conference with the judge. There is no special name. If you want more documents, then you call that a second request for production of documents.

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  • Scammed by someone in Nigeria- Is there anything I can do?

    I found an ad on Craigslist for a house for rent. After multiple promising texts and emails, rent questionnaires, calls, etc... I was promised the keys to be sent to me after I paid half the security deposit. I sent $600 to them and they sent me a...

    Sigmund’s Answer

    You are probably out of luck. If it any consolation (and it probably isn't) others have lost much, much more. One thing to check is to make sure that they aren't using any information you may have provided for purposes of identity theft. If, for example, you provided background information, your SSN, credit card information, or other personal identifying information in rent questionnaires. You can find lots of information at the links I've attached.

    According to the U.S. Embassy in Nigeria:

    If you believe you are the victim of an Internet scam:
    1.Do not send money. Unfortunately, any money that you might already have sent will probably not be recoverable.
    2.End all communication with the scammer immediately, rather than attempt resolution directly. If you feel threatened, contact your local police at once. Do NOT attempt to personally recover the funds lost. Contact the appropriate authorities to resolve the matter.
    3.Report the matter immediately to The Internet Crime Complaint Center, a partnership among the Federal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BIA), at www.ic3.gov; and, to the Nigerian Economic and Financial Crimes Commission, at (http://www.efccnigeria.org/
    4.If the scam originated through a particular website, notify the administrators of that website.

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