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James Thomas Kinder

James Kinder’s Answers

455 total


  • Can the bank do that

    I have 2 businesses. An ice cream shop and a burger restaurant. The ice cream shop is a corporation. I borrowed money from the back to renovate the ice cream shop. They put a ucc lien on the ice cream shop. Ice cream isn't what it used to be, an...

    James’s Answer

    I don't think there is enough information provided to render any guidance. A qualified attorney would have to look at all the paperwork you signed with the bank when you took out the loan. It may be worth spending a few dollars to sit with counsel so that they can provide you the proper guidance.

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  • What are my options for purchasing real estate without my spouse take 50% later? Rent to Own? Legal Letter signed by my spouse?

    I have been living separately from my spouse for over a year, I have not filed any paperwork. My spouse has the house and I rent right now. He says he would not touch the newly bought house but I want to be legally free of listing that as asse...

    James’s Answer

    I agree with the answers that counsel has provided this far. However, there are a couple of caveats : 1. If you are using marital assets to purchase the home, then that could come back to haunt you in the division of assets calculation already referenced in the answers; 2. A post nuptial agreement in Massachusetts CANNOT BE entered into in contemplation of a divorce. You need to speak with experienced counsel before you make any further decisions regarding the acquisition or depletion of any assets.
    I hope this answer was helpful. I wish you all the best.

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  • I want to protect my home and not sure what to do. I am looking for direction, please help

    I set up a revocable trust and all my assets including my house & life insurance will go into the trust upon my death. I am getting married and do not want my future husband to have any ownership interest in any of my assets. He does not have goo...

    James’s Answer

    I agree with my colleague. As you have not gotten married yet, a prenuptial agreement may be an integral part of any asset protection plan regarding your future spouse. I highly recommend you speak with a local attorney to accomplish your goal of preserving your assets for your children. Best of luck going forward.

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  • Can I take his security deposit?

    I sublet my apartment in Boston for a 6 month term while I am away for work. My rent is $1300 and he pays $1175. I took 1 month security deposit. He is trying to leave after 4 months and tried to sublet my sublet without my permission. He spoke wi...

    James’s Answer

    First off, I'm going to ask if you placed that security deposit into a bank account separated from your own personal account, and did you provide the tenant with a statement evidencing the deposit into that account.? If you did not, I would highly recommend you return his deposit and move on.

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  • Can I get arrested for talking to Islamic state members on twitter?

    I know that sounds like a stupid question but I'm just curious like everyone else.

    James’s Answer

    It's probably not the wisest choice to interact with them. Is it illegal? That would depend on the nature of the conversation. However, why take the chance? I have also reclassified your question as having more to do with constitutional law.... you may garner more insightful responses from that forum.

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  • Is electronic program guide for sports legal?

    We want to start a website that serves as a "electronic program guide for sports". On the website, you can pay us to tell you where on the internet you can find the games you want to see. There's no uploading or file sharing. we give external link...

    James’s Answer

    You would do well to sit down with an attorney to discuss your intentions. There are a host of issues that need to be addressed before you venture upon a business like this. Gaming laws need to be considered, privacy laws need to be complied with, etc. You would also want to have a"User Agreement" as well as any other compliance documents prepared to ensure you don;t run afoul of any of these laws. Further, you may also want to create a business entity to shield yourself from any potential personal liability stemming from the operation of this website. These are just a few issues you need to have considered. Do yourself a favor, speak with a business attorney -- ideally, one versed in internet commerce and compliance laws. Careful preparation now can be a lot less expensive than clean-up later. I hope this response helped in some way. I wish you the best of luck.

    I have also reclassified your query to be placed into the "Business" forum. You will certainly get more responses from there than you would here as a lawsuit has not yet been filed, nor is one pending.

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  • Plaintiffs sued me in MA Superior court. They live in CA. Can I depose them in MA?

    And if they do not appear at deposition can I get case dismissed? Also, do I have to depose them first, or can I depose other witnesses first, since I already know what the plaintiffs will say based on their verified complaint?

    James’s Answer

    In short, "yes". If proper notice is provided to the Plaintiff's through their counsel, you can compel them to be deposed in Massachusetts. However, be prepared, they may wish to depose you in CA. It goes both ways. As for who you depose, you can depose any witnesses at any time and in any order you wish. You do not have to depose the Plaintiff first. There may be strategy involved in the timing and order of depositions taken. You may wish to consult with an experienced litigation attorney before proceeding -- especially in the Superior Court. The process of litigation in Superior Court is fraught with pitfalls for the unwary and inexperienced. I hope this response helped you in some way. Best of luck to you.

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  • How can I access the marital home during a divorce?

    I'm currently going through a divorce. I left the marital house, and my spouse currently lives there. We decided to sell the home and split the proceeds from the sale. Before listing the home, I want my cousin who is a contractor to come look at t...

    James’s Answer

    Thank you for your inquiry. If you cannot agree on a time for access, and your attorneys (if you are represented) are also unable to make this happen, you may want to file a motion with the court requesting just that -- that your cousin be allowed to enter the house to make repairs. Explain in your motion the reasons why, and also mention the past efforts. I hope this information was helpful in some way. Best of luck to you.

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  • I have a legal separation from my wife in california this is about 8 years old and how do we go about reversing this?

    seperation was for financial considerations only as my wife had a position in a company that was experiencing many lawsuits

    James’s Answer

    I agree with my colleagues. However, I would add, you must speak with an attorney before attempting to do this. In most jurisdictions, Affidavits are filed that state to the Court the reasons for the Divorce/Separation proceedings. If you stated that you divorced due to Irreconcilable Differences, and then go to the court and ask the court to reverse and/or modify the Separation Agreement and/or Judgment, you may be risking revealing to the court that you perjured yourself on these affidavits. I would tread very carefully here. Speak with an experienced Divorce Attorney in your area prior to making any moves. I hope this response was helpful in some way. I wish you the best of luck.

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  • My husband moved out and I found him in Ohio. Can he divorce me without me knowing it? i Havent moved or changed phone numbers

    I found him through the internet and is working. I am only working a few hours a week and could use the assistance. I have surgeries and filed for disability but nothing is here yet. I also understand he is engaged Thank you

    James’s Answer

    As my colleague pointed out, you need to have what is called "Notice" of the pending Divorce Action. This means that you must be made aware of the action, which is typically accomplished by having a copy of the Summons and Complaint delivered to you personally, either by a Sheriff or Constable, or other person authorized to serve process under statute in your jurisdiction. If you haven't changed any of your contact information, or residence, he would have a difficult time convincing the judge, truthfully, that you could be served through publication. That is usually an option if the "Non-Filing" party cannot be found.

    I hope this response was helpful in some way. I wish you the best of luck.

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