Brian J Ladouceur JR’s Answers

Brian J Ladouceur JR

Meriden Contracts / Agreements Lawyer.

Contributor Level 11
  1. If I win the lottery in Connecticut or Vermont, what is the best way to protect my identity & new financial assets?

    Answered over 2 years ago.

    1. Brian J Ladouceur JR
    2. James P. Frederick
    2 lawyer answers

    BEFORE claiming a prize ticket it is advisable to speak with an attorney and accountant to understand the various legal, tax and other related issues, plus to put into place appropriate legal mechanisms to protect privacy and maximize efficient tax structures associated with the winnings. For instance, depending on the size of the prize, and how important estate tax planning is to the decision (i.e. current threshold for estate taxes is $5 million for federal; $2 million for Connecticut, yet...

    1 lawyer agreed with this answer

  2. Can I back out of a oral agreement for a home repair?

    Answered almost 3 years ago.

    1. Brian J Ladouceur JR
    2. Pamela Koslyn
    2 lawyer answers

    You should be compensated for YOUR time and loss, not the other way around. Key in the situation you describe above is what damage could you claim and whether or not this Home Improvement Contractor has violated the Connecticut Home Improvement Contractor Act / Home Sales Solicitation Act. You can consult my AVVO legal guide for more details (http://www.avvo.com/legal-guides/ugc/protecting-connecticut-homeowners-from-home-improvement-pitfalls-1?ref=result_1_title ) but a contractor in...

    1 lawyer agreed with this answer

  3. If the defendant dies

    Answered over 3 years ago.

    1. Brian J Ladouceur JR
    1 lawyer answer

    You'll need to file a timely motion to substitute the Defendant's estate in the action. Don't delay because certain time restrictions apply. If the Court clerk can't point you to a sample motion filed by someone else in another civil action you may need to seek an attorney to guide you. In Connecticut, with certain limitations, pursuant to Conn. Gen. St. Sec. 52-599 a civil action survives the death of any person and maybe brought in favor or against the executor or administrator of the...

    2 people marked this answer as helpful

  4. A person signed their name as an owner on a large contract fto build a new house on a property that they did not own-Fraud?

    Answered over 3 years ago.

    1. Christopher G Brown
    2. Brian J Ladouceur JR
    3. Daniel Robert Hamad
    3 lawyer answers

    Quick consultation with an attorney is advisable as certain lien rights (by the contractor) are time sensitive, not to mention the "real" record property owner and/or person signing the construction contact may need to know their respective rights prior to a possible investigation / suit starting. The described failure to pay upon the completion of the house by the contract signer sounds like a breach that is actionable, however whether or not entering into such an agreement alone when they...

    2 people marked this answer as helpful

  5. A former supervisor at my company gave out my personal information to a former co-worker I did not want to contact.

    Answered over 3 years ago.

    1. Brian J Ladouceur JR
    1 lawyer answer

    In Connecticut it is a violation of Conn. Gen. St. Sec. 31-128f for an employer to disclose "to any person or entity not employed by or affiliated with the employer" an employee's "individually identifiable information contained in the personnel file" without the written authorization of such employee. In other words, the employee must authorize, in writing, before individually identifiable information (such as mobile phone #, address, etc.) is given out. If the former co-worker is no...

    2 people marked this answer as helpful

  6. I received a bank execution for owing $1300 on a credit card account. There was 300 in account. Will they keep taking?

    Answered over 3 years ago.

    1. Brian J Ladouceur JR
    2. Theodore W. Robinson
    2 lawyer answers

    In Connecticut the execution is only valid for one taking (I.e. once Marshal serves and funds are set aside by the bank a 2nd execution is needed before going back to the bank again). Financial executions are governed by C.G.S. Sec. 52-367b and certain procedures must be followed before the bank turns the seized funds over to the Marshal to pay to the judgment creditor. Statute also sets forth certain type of funds that are exempt from execution (I.e. Social security, veteran, etc.) Bank...

    2 people marked this answer as helpful

  7. I am 63 yrs. old work as a general manager in a fast food Restaurant. My Insurance benefit was discontinued due to too expensive

    Answered over 1 year ago.

    1. Brian J Ladouceur JR
    2. James R Comerford
    2 lawyer answers

    It’s advisable to consult an attorney because determining “options” in an employment law situation can be tricky and requires a review of specific facts (job roles, age of other managers, hours worked, etc.) Plus, do not delay pursuing the matter because if appropriate claims are not made to protect certain employment rights within tight timeframes (statutory deadlines) then those claims can be lost forever. Generally, an employer is not presently required to offer insurance (including...

    1 person marked this answer as helpful

  8. I am a painting contractor and customer didnt have the 1000 due. and small claims dont work. how do i put a lien on her house?

    Answered almost 2 years ago.

    1. Brian J Ladouceur JR
    2. William J Lasko
    2 lawyer answers

    While a contractor certainly can file a small claims suit against the home owner (a limit of $5,000 in damages) before taking such action its advisable to speak with a business law / litigation attorney to make sure the contractor is compliant with the Connecticut Home Improvement Act (Conn. Gen. St. § 20-418). If not compliant the homeowner could be in a position to void the entire agreement and seek damages from the contractor for violating that consumer protection law. The Connecticut...

    1 person marked this answer as helpful

  9. Overtime mileage, and work abusive

    Answered about 2 years ago.

    1. Brian J Ladouceur JR
    1 lawyer answer

    This question has a lot going on for which specific facts and documents will determine what rights / defenses are available to you. As most (if not all) of those possible claims have specific statutory deadlines in order to protect your rights and your ability to file such claims, you should contact a lawyer immediately. A Labor / Employment lawyer should be able to advise you on your specific case and deadlines. For example 1) failure to pay overtime and other compensation (cost...

    1 person marked this answer as helpful

  10. My mediation was in June and I accepted the offer. I just found out my att. called the court and closed the case the next day?

    Answered about 2 years ago.

    1. Brian J Ladouceur JR
    1 lawyer answer

    While your frustration of not being kept informed of the case status is understandable, whether or not the attorney has done anything wrong is difficult to say as an outsider. One possible explanation for the delay in you receiving your settlement (which is still no excuse for not at least returning calls), that is largely outside your attorney’s control, is that whenever a “potential” Medicare, Medicaid, ERISA or other lien exists insurers and attorneys must be extremely cautious to clear...

    1 person marked this answer as helpful