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Timothy M. B. Farrell

Timothy Farrell’s Answers

147 total


  • Waterfront right to anchor? Or dock?

    Is anchoring a boat, and docking a boat considered the same thing? I have a sqwatter, who is insisting on the writings of his deed, yet I have done extensive research, hired a lawyer, had a title search, an abstract of title done, survey, and crea...

    Timothy’s Answer

    I have an LLM in admiralty, but this is a new one to me. You could try Tulane's admiralty program and run it by them. Also, your question asks if docking is different from anchoring, but this seems to be a docking question. If he is just anchored, then he probably has a right to do so under the navigation rules. Assuming there is a dock, then you should have a claim.
    Generally, when an answer is not clear to me, it is because I need more information. As such, I would agree with the previous answer that an attorney would have to see the deed. It may have some funky grant from the feds, or perhaps some kind of lease to the waterway bed, which is common with things like oil wells in the Gulf. Have an attorney familiar with your state's landlord-tenant law file an action for unlawful detainer or otherwise try to evict him and see how he responds. If he doesn't, then you will have a judgment that law enforcement can help you execute to clear your property. If he does, then you can find out what is really going on and work around it from there.

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  • Am i likely to win if i appeal this citation

    I am 18 years old, i was pulled over with two of my friends they were drunk they are also 18, i was driving and i was not intoxicated. We had alcohol in the car and one of my friends, who said it was his got a citation for 500 dollars. Is there an...

    Timothy’s Answer

    He admitted it was his? Probably not a good defense case. Without looking at Mass. law on open container, you were probably lucky not to be cited yourself for having such a thing in your car. Your friend should definitely hire an attorney. If he cannot afford one, the court will appoint one for him. Under age drinking is serious business these days. Your friend does not want this on his record. He may be able to get into diversion or some other kind of treatment that will allow his record to be expunged, or the case dismissed if he complies.

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  • Is discovery normally provided before an initial hearing?

    Divorce case where wife is claiming to have information relevant to complaint

    Timothy’s Answer

    Not normally. Normally interrogatories or requests for production are sent out. Often times a deposition is conducted based on the information obtained in discovery. Initial hearings are usually just for scheduling purposes, unless there is some kind of a dispositive motion filed.

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  • Is it true that in Wa St. a borrower must provide written denial of mediation to lender before a trustee sale can be scheduled?

    Waiting for trustee's sale to be scheduled. NOD 7-1-2011.

    Timothy’s Answer

    I have not heard of this. I am assuming this is a nonjudicial foreclosure of a home. There is a statute that governs. Normally the trustee just sends out notice of the sale date. You should contact the NW Justice Project through the Washington State Bar Association fo see if the statute has been recently amended. They also provide free legal service and can tell you if you have a potential claim for wrongful foreclosure or what your options may be.

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  • If a Judge issues an Order and I do not agree with it I presume the correct procedure is to appeal. Hoe do I word the appeal?

    Do I file it and/or send it to the same Judge, do I have to notify the other side and send them a copy?

    Timothy’s Answer

    This is not an appropriate question for this forum. You need to hire an attorney. How long ago was the order? Did you move for reconsideration? What is the issue? Is it a final order disposing of the case? It is impossible for an attorney to word the appeal at this juncture.

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  • Is there a certain format when writing your own motion for modification?

    I am filing for modification of custody and cannot find a format to follow in the writing. I do not want it not heard because of technicality. I just want a chance to be heard.

    Timothy’s Answer

    If you want to be heard, hire an attorney. Next best, ask the clerk if there is a similar case pending and see if you can see the file. Hopefully, there will be a motion in there for you to follow.

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  • Does anyone have a form of a Stipulation granting leave to amend a complaint?

    We are the plaintiffs in NYSupCt. We filed a complaint and the defendants put in a general denial. No one has yet made any kind of motion. We've now drafted a more comprehensive amended complaint, deleting some parties and adding some causes of...

    Timothy’s Answer

    Make sure opposing counsel agrees. If so, ask if opposing counsel has a form. Otherwise you need to check the local rules on formating your pleading and having a signature line for both parties.
    Comes now the parties and hereby stipulate to the filing of an amended complaint. Defendant shall have ___ days to answer or otherwise respond.
    Good luck.

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  • If someone is holding your money against your will does it have a legal name?

    I would thik Is it actionable? What kind of action is it?

    Timothy’s Answer

    Conversion? theft? larceny? Either a tort or criminal violation.

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  • Landlord/owner never told us about the foreclosure2.5 yrs later and several notices with auction date set for jan2012,

    always paid rent and if ever was late he never had a problem etc,by less than 7 days.we paid oct. Nov was due the 5th, which was going to be late,by nov.15 i was served with 72hr to pay ,since i could not at that time.I now have a court date set f...

    Timothy’s Answer

    Try to get cash for keys. It sounds like you may be in breach of your lease and the new owner wants you out. Go to the first hearing and if you can't get an offer to cover your moving expenses and a deposit on a new place, then try to negotiate a reasonable move out date.

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