Archived
My father hired an immigration lawyer in boston and die a year after , Now the lawyer doesn't want to give me back the 5000$ .
John's answer
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Answered on May 19, 2014
Massachusetts does not permit non-refundable retainers. You really need to see what the fee agreement says and what the attorney billed. Just...
Archived
Must a party notice a non-party deponent under MRCP 30(b)(1) of their deposition, or just send them a subpoena under Rule 45?
John's answer
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Answered on May 15, 2014
You must issue a deposition subpoena to a non-party and have it served by sheriff or constable. You ALSO need to mail a "Notice of Taking...
Archived
I filed the small claims on civil matter and the court ordered Capias against defendant. is he gonna be arrested?
John's answer
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Answered on May 13, 2014
You are responsible for getting the capias served. You can use the sheriff or a constable. For $60.00 the sheriff will go to the debtor's house...
Archived
Does the Commonwealth of Massachusetts have to follow their own general laws regarding civil procedure?
John's answer
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Answered on May 04, 2014
As a general proposition, yes, the Commonwealth is subject to all the same rules when it is a party to a civil lawsuit. However, there are all...
Archived
Civil Case...Landlord/Tenant - Company for mediation services...any suggestions?
John's answer
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Answered on May 04, 2014
Since mediation is voluntary and non-binding, you have nothing to lose by using the free service. The worst that can happen is the dispute does...
Archived
Is intent required to be "civilly" liable?
John's answer
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Answered on May 04, 2014
Generally speaking these types of things can be divided into three categories: intentional acts, negligent acts and "strict liability" where the...
Archived
Can i represent a friend who lives overseas in selling her home
John's answer
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Answered on April 30, 2014
You cannot "represent" your friend only a lawyer can do that but you can have your friend sign a Power of Attorney which would allow you to execute...
Archived
When joining a civil suit as a plaintiff, must one state their own claims in their notice of joinder?
John's answer
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Answered on April 29, 2014
Yes. Also, no two claims are identical so you should consider whether your claims differ in any way and whether you are seeking the same or...
Archived
Federal court case settlement reached in mediation...Do not want to settle now any options open?
John's answer
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Answered on April 29, 2014
This is tricky because the mediation process is confidential so you have to be careful about what you disclose about what happened in mediation. ...
Archived
If Plaintiff wins Small Claims Judgments by default (defendant no-shows), when can capias be issued?
John's answer
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Answered on April 25, 2014
The court will issue a capias if the defendant fails to appear for the payment review. You may be required to sign an affidavit stating the...
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