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Kara O'Donnell

Kara O'Donnell’s Answers

324 total


  • IM a minor my rights were violated can i file lawsuit for being accused and arrested for a residental burglary i did not commit?

    i was waiting at the bus stop on my way home, i was sent home from school becuse i was very ill. police officer approached me at the bus stop and said i fit the description of a latino male with a black cap so he handcuffs me. once dedective show...

    Kara’s Answer

    Were you actually arrested or just detained and questioned? If you were arrested and the police did not have probable cause to do so then your parents could sue for false arrest on your behalf. However, probable cause is not black and white. Whether it existed will be an issue for the judge or jury to decide.

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  • How do I go about changing child support and does that require a change in custody?

    Recently my ex-husband who lives in California was arrested. He has primary custody of our child. I live in Florida. Our daughter is almost 16. Her friends, life and school are there in California. I don't think it would be in her best interest to...

    Kara’s Answer

    A child support order would be changed by filing a petition for modification. However, most courts follow the rule that child support is still due (when the custodial parent is in jail) but is payable to the child's current caretaker (family member, etc.)

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  • How do I go about changing child support and does that require a change in custody?

    Recently my ex-husband who lives in California was arrested. He has primary custody of our child. I live in Florida. Our daughter is almost 16. Her friends, life and school are there in California. I don't think it would be in her best interest to...

    Kara’s Answer

    A child support order would be changed by filing a petition for modification. However, most courts follow the rule that child support is still due (when the custodial parent is in jail) but is payable to the child's current caretaker (family member, etc.)

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  • Can a felon be in posession of a bb gun

    Convicted in Florida of grand theft auto over 10 yrs ago and lives in Ma. His kids have co2 bb guns and he wants to know if he can get in trouble. Thanks

    Kara’s Answer

    No he cannot get in trouble because he is a felon.

    The only Massachusetts General Laws pertaining to BB guns, that I am aware of, are MGL Chapter 269 Sections 12A and 12B. 12A pertains to sales of BB guns and 12B is below for your reference.

    CRIMES AGAINST PUBLIC PEACE
    Section 12B Air rifles; possession by minors; shooting
    .Section 12B. No minor under the age of eighteen shall have an air rifle or so-called BB gun in his possession while in any place to which the public has a right of access unless he is accompanied by an adult or unless he is the holder of a sporting or hunting license and has on his person a permit from the chief of police of the town in which he resides granting him the right of such possession. No person shall discharge a BB shot, pellet or other object from an air rifle or so-called BB gun into, from or across any street, alley, public way or railroad or railway right of way, and no minor under the age of eighteen shall discharge a BB shot, pellet or other object from an air rifle or BB gun unless he is accompanied by an adult or is the holder of a sporting or hunting license. Whoever violates this section shall be punished by a fine of not more than one hundred dollars, and the air rifle or BB gun or other weapon shall be confiscated. Upon a conviction of a violation of this section the air rifle or BB gun or other weapon shall, by the written authority of the court, be forwarded to the colonel of the state police, who may dispose of said article in the same manner as prescribed in section ten.

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  • I fell behind on my morgage payments and it was turned over to a collection agency.

    I fell behind on my morgage payments and it was turned over to a collection agency who offered to write it off if I payed 10% of the balance owed. When I pay this will it mean I own the house outright?

    Kara’s Answer

    I agree with the two previous answers. If it sounds too good to be true . . . In addition, settling a huge debt like a mortgage for only 10 cents on the dollar would result in serious tax consequences - possibly tens of thousands of dollars.

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  • Medical bill that may be in collections or sued for?

    How do I go about paying for a medical bill that is being sued for or in collections so that they dont take it out of my check of my checking account?

    Kara’s Answer

    If yu enter into a regular payment plan, and pay regularly, with the collection agency then they will not proceed to more extreme measures of collecting the debt, such as seizing your account.

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  • Hello and thank you,Q;Am I leagally obligated to fill out a financial stmnt to a colltn agency that bought my wrttn off cc debt?

    Am I leagally obligated to give personel info (financial statement)to a collection agency that purchased my written off cc debt?

    Kara’s Answer

    The answer is no, if you have not previously been sued for it.

    The debt may not even still be collectible based upon the statute of limitations for credit card debt in Massachusetts. That means they can send you letters forever but will not prevail in a lawsuit if this defense is utilized.

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  • What can I do

    Due to loss in income we have applied for a loan mod with Bank of America in January of 2010.Through the months we have immediately sent all of the info that they have requested.I recieved a letter dated June 9 stating that we were declined for th...

    Kara’s Answer

    Modifications can take many months to get a decision on. I have had clients get it approved only to find that the amount was actually $100 MORE than what they were paying. If you are not paying anything now then it is possible BOA will tack on the arrears to your total balance, which could leave you with a higher payment (after a 6 month trial period if they give you one.)
    If the modification does not through, a Chapter 13 bankruptcy would allow you to catch up on the past due balance over the course of 3 years and allow you to keep your house. A Chapter 7 would only stay any foreclosure proceedings for 4 onths or so then you would be back in the same position.

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  • I received a summons for a debt. Filed an answer and now the law firm wants to settle. Should I follow thru with the court date?

    Capital One credit card company . I made numerous payments but fell behind. went to collections. got summoned, filed answer now they want to settle but still ask for too much money. having difficulties obtaining documentation of past payments

    Kara’s Answer

    Continue to attend any court appearances required of you. You can always talk settlement with the attorney before or after the court session.

    Also, require that the credit card company prove the amount of the debt and be able to back it up with documentation. This is something you can ask the judge to require of the company.

    It does sound like you could use a lawyer. You may be entitled to defenses that you are not even aware of.

    Good luck.

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  • I am have to go to court for a credit dept from 1996 and the last time they contacted me was 2004 can they still collect?

    what can i do when i go to court. they want records of my perchaces and i do not have them nay more. it has been 14 yrs. since i used the credit card

    Kara’s Answer

    The collector needs to prove the existence of the debt.

    If there was no previous judgment in this matter then it is outside the statute of limitations here in MA and will be thrown out of court if you show up and assert that defense.

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