Thomas C Thornberry's Answers

All I need to know is the correct form to use when answering a motion for default for failure to plead in the state of ct civil

Unless you were sued in Small Claims Court, there is no form available for you to use as your answer. Simply place a caption on your paper then title the document ANSWER. Place numbers down the left side which will correspond to the paragraphs set forth in the complaint. Then respond to each paragraph of the complaint by stating ADMITTED or DENIED or THE DEFENDANT CAN NEITHER ADMIT NOR DENY THE FOREGOING ALLEGATION AND LEAVES THE PLAINTIFF TO THEIR PROOF. Those are the basic responses, you can...

Am i eligable for Accelerated Rehabiliatation?

Most likely you will be allowed to obtain accelerated rehabilitation. The program is set forth in Connecticut General Statutes Sec. 54-56e. It states, in part, that the program is available to anyone, (1) who, the court believes, will probably not offend in the future, (2) who has no previous record of conviction of a crime....., (3) who has not been adjudged a youthful offender within the preceding five years under the provisions of sections 54-76b to 54-76n, inclusive, and (4) who states...

In CT, can landlord make me pay for the rent after i have provided notice of breaking my lease early until he can rent it out ?

YES. I assume you have a one year lease and have informed your landlord you will be vacating before the expiration of the lease. Your landlord has a duty to make reasonable efforts to mitigate the damages by seeking to obtain a new tenant. Until he has obtained a new tenant you are responsible for the rent payments each month. Generally a landlord will wait to the expiration of the lease then sue for the unpaid amount. He is also entitled to apply your deposit to offset the unpaid balance.

After a 15 yr separation living in separate states, is an attorney required in order to obtain a divorce or can papers be filed

Retaining an attorney is never absolutely necessary in order to obtain a divorce. Connecticut makes it particularly easy for an individual to obtain a divorce pro se (meaning representing yourself). Go to the State of Connecticut web site, ct.gov. The site is broken down into the three branches of government. Go to the Judicial branch, there you will find fillable forms for doing your own divorce. Fill out the complaint which comes with directions and standing orders. Fill out the summons and...

I made an offer on a house, the seller countered. I accepted the price of the counter, must they sell to me?

If your "offer" was, in fact, an acceptance of the seller's demand then a binding contract exists. If you offered less than the seller's asking price, then he can counter with another demand or accept your offer. As you accepted the seller's counter offer, you have a contract. In Connecticut, the sale of real property must be in writing. If that is the case, you can sue the seller asking for specific performance to force the sale.

Are we liable to paty lanlord:

I assume the windows broke because they were painted shut. If that is the case, it is the landlord's fault. Document the problem in writing for use at the end of the tenancy when the landlord attempts to lay claim to your deposit. Also, the fact that the windows will not open may be a health code violation. You may want to call the Stratford Health Department.

How do I get a neighbor to take care of fallen tree?

Having previously served as the Town Attorney for Stratford, CT, I feel unusually qualified to answer this question! Stratford has a "blight" ordinance to prevent the accumulation of trash, ect at a residence. Branches qualify as contributing to blight. In order to trigger this law you can call the Public Works department or the Police. Practically speaking, I doubt the town will intervene unless the condition is a real health hazard or a dangerous condition. You have the right to remove any of...

If collection agency cannot provide proof of services from 12yr.old hospital bill, can they still sue me for the bill?

You say they are threatening to sue you but you also mention a judgment against you. If you have no judgment against you don't even think of paying off this debt. The statute of limitations for this in Kansas is 5 years. If there is a judgment, they have up to 15 years to enforce it. Get a copy of the court file and check the sheriff's return. If it is not proper you may be able to vacate the judgment.

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My previous post didn't really explain my situation. Three times before a Judge and the defendant is still disputing my case.

Due Process is a cornerstone of the American Jurisprudence system. That being the case, each party has the right to be notified of all legal proceedings they are involved in. If the Defendant, in your matter was not informed of a new hearing date, I strongly believe the Court will be inclined to reopen the matter to allow him or her to present their defense.

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I'm taking care of my father (who had a credit card from 1996 that he has not paid), he is on Soc. Security, can they sue him?

Your father's social security benefits are exempt from collection. If the collection agency has threatened to send him to jail or sue him or garnish his account they have violated federal law and you father can get a $1000.00 award. No consumer debt collector can garnish your wages. To do so they would need to refer your matter to a collection attorney who would then have to sue you and get a judgment against you. Even with a judgment, in some states wages can not be garnished for health care...

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