Mark M. Bello’s Answers

Mark M. Bello

Farmington Car / Auto Accident Lawyer.

Contributor Level 10
  1. I sold a 4-wheeler ATV to friend who is not paying the balance, can I get the police give it back to me if i report it stolen

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    I wouldn't recommend that. The ATV wasn't "stolen" and he has substantially paid for it. I would file an action in small claims court for the $200 he owes you (or repossession) and associated court costs. If you do it your way, you could be committing a crime in your state (false police report-not sure of MS law in that regard, but it is not worth it).

    1 person marked this answer as helpful

  2. If I settle a lawsuit, do I have to use the funds to immediately pay back student loans?

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    What you must do is governed by the terms of your loan agreement. Most of the student loan agreements I have seen would not require you to "immediately pay back" a student loan. As long as you remain current with your payment obligations, in other words, as long as you are not in default, you should not be required to prioritize your student loan over any other obligation. There are reasons you may or may not want to pay your student loan or any other obligation with the money; your question...

    1 person marked this answer as helpful

  3. Personal injury: Slipped on a shotty-built deck.

    Answered over 6 years ago.

    1. Mark M. Bello
    2. Peter Robert Stone
    2 lawyer answers

    While I am not an Oregon attorney, the facts, as you have presented them, would make a valid premises liability case assuming that you injuries are serious. There are two issues that you will have to deal with. One, you were on notice of "shottily built" condition and two, your injuries are not described so I cannot tell if they are serious. I would suggest that you, immediately, do the following: 1. Takes good pictures (or have photographer do so) of the "shottily built" deck, and,...

    1 person marked this answer as helpful

  4. Can I sue my dentist for a cut lip by his assistant, that I believe that have the required training to perform the procedure.

    Answered over 2 years ago.

    1. James Stanton Abrenio
    2. Harry Edward Hudson Jr
    3. Joseph A Blaszkow
    4. Robert Don Fink
    5. Mark M. Bello
    5 lawyer answers

    Just wanted to take a minute and pay tribute to James Abrenio for his very thoughtful answer. Unfortunately, in today's malpractice litigation climate, smaller cases are almost impossible to pursue. Insurance companies would rather pay thousands defending a case rather than pay the amount that a cut lip (even a serious cut) would suggest. The amount of time money needed to pursue the case would, most likely, not justify the amount recovered. None of us have seen your lip; if there is a...

  5. How can the parent of daughter collect debt from divorce settlement of husband's share

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    In my opinion, you should let her attorney get the money to settle the marital debt through the divorce settlement. Before taking my advice on this, though, pose the question to your daughter's divorce attorney. Good luck

  6. A money settlement fom a car accident can be legal if I made a debt settlement ?

    Answered over 5 years ago.

    1. Lars A. Lundeen
    2. Mark M. Bello
    2 lawyer answers

    I agree with Lars that you should discuss this with the handling attorney. Also, I don't know who "Assista" is. If "Assista" is the company you made the recent debt settlement with, the important question is whether you were required to disclose your assets and liabilities to them in making the settlement. If you were, the accident settlement might be considered a disclosable 'asset' and if you did not disclose it, you may be accused of non-disclosure or, worse, fraud. Talk to you auto...

  7. Is it illegal to use my husbands credit card if my name is not on the account

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    If you had his permission to use the card, it is probably not "fraud" in a legal sense, because there must be "intent" to commit a crime and, from the tone of your question, there seems to be no intent . Between you, your husband and the credit card company, though, either you or your husband will have to pay the bill. I'm sure it will all be sorted out in the divorce proceeding. Get yourself a good divorce lawyer.

  8. Is a victim of unauthorized credit card purchases liable to pay the bill

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    Most credit card companies excuse charges made by a thief with a stolen credit card. Since the "thief" in this case is your son-in-law, prepare for the company to argue that the card was not "stolen" and you knew your son-in-law better than they did, thus between the two of you, the company is the more innocent victim. However, if the store did not check I.D. and the receipt was forged, there may be liablilty to the store and certainly to your son-in-law for fraud and/or theft. Your question...

  9. If someone paid for some house repairs on their credit cards am I responsible for paying those bills

    Answered over 5 years ago.

    1. Mark M. Bello
    1 lawyer answer

    You have a contract with your roommate; your question doesn't indicate whether it was in writing. If you can prove the terms of the contract are as you say they are, you won't have to pay the bills, if you can't, you might be held liable. Proving that you paid all of the house bills does not necessarily prove that the improvements were your roommates responsibility. The court might interpret your agreement as one involving real estate, which must be in writing in every state that I can think...

  10. Is there a certain time frame that a medical malpractice suit must be settled by?

    Answered over 5 years ago.

    1. John M. Kaman
    2. Mark M. Bello
    2 lawyer answers

    NY has interesting trial docket management laws that often permit cases to remain on a court docket for years without a trial.. As long as your case has been filed in court, there are no requirements that I know of that the case be 'settled' by a certain time.