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James Thomas Kinder

James Kinder’s Answers

455 total


  • Can PayPal legally hold money my money for 180 days.

    Recently mine and some of my family's PayPal accounts were deemed as possibly risky business (since I was receiving a lot of deposits). They permanently limited these accounts and are now holding my money for 45 to 180 days. Considering how PayPal...

    James’s Answer

    Hello.

    Paypal does have authority under it's "User Agreement" to limit access to funds under certain conditions - i.e. such as engaging in restricted activities. " Without knowing more of the facts regarding your particular circumstances, it would be near impossible to provide you with any insight. I suggest you read the User Agreement, and contact paypal to find out why "exactly" they are restricting access to your accounts. If after speaking with them, you feel as though their actions are unwarranted, i suggest you contact an attorney right away. Best of luck to you.

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  • Sold a drivable camper to a couple, received only two payments. Refusing to pay balance plus they sold the camper for parts.

    First signed paper stated title would be transferred once paid in full; included payment dates. Original price 1600 they offered 1650 for payments over time. Final price was 1500, took off $150 to store camper until paid in full in three months. ...

    James’s Answer

    My colleagues are correct. Here is a link to a website that will provide you with useful information regarding the Small Claims process. Once you have read through this information, you should speak with an attorney. The lethal process is fraught with pitfalls for the unwary. Best of luck to you.

    http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/smallclaims.html

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  • I need some advice from a landlord/tenant lawyer

    Myself and my family having rented my current apartment for 2 years we stated the the landlord prior moving in here that repairs need to be made after we move in and he agreed verbally that he would have everything in great shape within a year we ...

    James’s Answer

    It sounds to me as though there are several issues with the apartment that may constitute violations of the state sanitary as well as building code. You may wish to contact the Board of Health Inspector for Gloucester. They will come and conduct an inspection and make note of any health, safety, sanitary and/or building code violations and notify your landlord of any violations, if any. By doing this, you will have an official record of any violations and this will prevent your landlord from attempting to evict you for reporting the violations and enforcing your rights as a tenant. Here is a link to the Gloucester Board of Health. I hoped this helped. Good luck to you.

    http://www.gloucester-ma.gov/index.aspx?nid=183

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  • I got a letter for a "small claims" payment review hearing?

    I got a letter that says I owe them almost $5,000 and that I have to appear at a payment review hearing uness I am in full compliance of the courts payment order.I currently have no way of paying this as I current do not have a job and do not have...

    James’s Answer

    Yes. You should contact either the Plaintiff or, if the Plaintiff is represented by an attorney, contact the attorney. They may still want you to appear before the court on the assigned court date. Unless you get something in writing from the Plaintiff, the Plaintiff's attorney, and/or the Court saying you do not have to appear in that date, plan on being in court on that day. Also be prepared to fill out a financial statement to present to the plaintiff and the court showing why you are not in compliance. If you do not appear ( unless you have something in writing telling you otherwise) then a Civil Arrest Warrant (Capias) will issue. Please don't ignore this.

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  • How to dismiss the court judgment?

    A friend of mine rent a room in Boston. Since her landlord added partitions and exceed maximum allowed dwelling capacity, the housing authority requested that the landlord remove the partitions to be compliant. At the same time, the housing author...

    James’s Answer

    From the way you've framed the facts, it appears as though judgement was entered for the Defendant, your friend. If, add you claim, the arbitrator found 1. No wrongdoing on the party of your friend, 2. She can continue to live in the apartment, and 3. Your friend owes no money, i don't see how judgement could enter for the Plaintiff, Landlord. Perhaps your friend should take the findings of the arbitrator to a local landlord/tenant attorney for clarification. If there is something that needs to be done and can be done, the attorney can advise your friend of their options and/or refer them to someone who can help.

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  • Property Rights

    I left our marital home in 6/2012. I am on the deed and mortgage. The house is in foreclosure but I just paid the mortgage to keep the home. Ex agrees to move WHEN he finds a new place. What are my rights for being allowed in the home at this poin...

    James’s Answer

    It is not clear whether you were married, are in the process of divorce, or a final judgement of divorce is imminent or has issued. The answer hinges on your response. However, I will say, that if you are married, and intent on filing for a divorce, you would be wise to speak with a Divorce Attorney. A Motion for Temporary Orders could be filed setting forth the basis of your claim to enter and remain in the home pending the outcome of the divorce proceedings. If you were not married, you would need to take a very different course of action. As you can see, more facts need to be presented to provide fruitful guidance.

    I hope this response helped in some way. I wish you all the best.

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  • Can friend submit a draft of my will without my permission in a county other than the one i live in? I did sign the draft.

    i have a relative who is waiting for me to die of cancer. If she can get away with it she does this behind my back

    James’s Answer

    In short, no. The Will must be probated in the county in which the Testator/Testatrix dies in Massachusetts. However, you would be wise to consult with an Estate Planning Attorney. You could have a new Will drafted wherein you can revoke a prior Will. This may be a good idea seeing as, as my brother counsel has stated, if the prior Will conforms with all Massachusetts formalities, it is valid and may be submitted to the Probate Court upon your death. If this prior Will contains dispositions of your Estate that you no longer wish to remain in effect, you need to have another Will prepared.
    I hope this response was helpful.
    I wish you the best.

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  • 258e

    Why would a judge need to see or request a parties' divorce agreement when hearing a complaint for a 258e? What does one have to do with the other, because wouldn't one be contempt and be heard in probate court? And can a judge order a harassment...

    James’s Answer

    Without knowing all of the circumstances involved in the matter, it would be very difficult to provide you with any sort of guidance. Judges render decisions based upon reasonable interpretations of the provisions of the Agreement in conjunction with the attendant facts. If you feel as though the judge exceeded his judicial discretion and you have been harmed thereby, you would be wise to consult with an attorney. The attorney could examine the Agreement, the facts as alleged in the complaint, and the final order of the Court and expertly advise you as to your options.

    The best of luck to you.

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  • Serving someone legal documents, Divorce/Modification

    Would it be legal/ethical to have a Defendant served papers ordered by a judge to give to the other party, two weeks prior to the next hearing, by just anyone. (not a courier) , to maybe pay a taxi cab driver to do it? Or a pizza delivery person? ...

    James’s Answer

    It appears as though you are in Suffolk County. Contact the Suffolk County Sheriff's Office and have them serve the papers for you. I will follow up with the contact information.

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  • How long its take to get divorce? is there is a way to do it faster? so i don't have to see this person

    my husband and i can't talk each other because he starts yelling at me, insulting, making me feel guilty for everything.. i can't take it anymore if this continue i think i am going to kill myself..

    James’s Answer

    My colleagues have provided very wise counsel. In addition, if you are in fear of your safety or need advice or further guidance concerning options available, here is link to Massachusetts resources for domestic violence/abuse. Please take care of yourself first.

    http://www.massresources.org/domestic-violence-agencies.html

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