Questions answered by John O. Postl

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I signed a personal fitness contract which included an auto-renewal policy.

John's answer | Answered on March 05, 2015

There is nothing per se impermissible about an auto renew contract. Under Massachusetts Law, a party is presumed to have read and understood a...

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I was able to receive an execution of money judgement against a former client. I have their bank account info

John's answer | Answered on February 26, 2015

These procedures can be confusing and complex and this is why you should retain an experienced collections attorney (like myself and other good...

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Can an out of state judgment be domesticated and/or collected in Massachusetts?

John's answer | Answered on February 26, 2015

Yes. Under the full faith and credit clause of the US Constitution, a judgment in one state is recognized by other states and can be enforced. I...

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Can I file a small claim on the same person twice for property damage ?

John's answer | Answered on February 26, 2015

Motor vehicle property damage claims are exempt from the $7,000 limit of small claims court under Mass. General Laws chapter 218 section 21 so you...

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If plaintiff drops case after subpoenas for depositions are served, do they have to pay defendant's costs?

John's answer | Answered on February 23, 2015

If the defendant files an answer, the case can only be dismissed by agreement of both parties by filing a stipulation of dismissal where both...

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Should I sue the previous seller, inspector and condo management company of the apartment I just purchased but damaged?

John's answer | Answered on February 22, 2015

There is a lot going on in this question. The best advice is to consult with an experienced real estate attorney. As a GENERAL rule only, the...

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Should I just give up?

John's answer | Answered on February 12, 2015

I agree with the other lawyers and reading between the lines it appears there may be some issue with your case that is discouraging your lawyer and...

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What do I do when I won a civil trial and the loosing attorney files to appeal the courts decision?

John's answer | Answered on February 11, 2015

To answer your specific question, the appeals court won't simply dismiss the appeal unless there was some irregularity (for example, they did not...

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I'm being sued by National Collegiate trust, can they garnish my wages?

John's answer | Answered on February 10, 2015

I agree with the other attorneys but in Massachusetts, a creditor cannot garnish wages without first getting a judgment then filing a lawsuit on...

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Advice in suing a collection company

John's answer | Answered on February 09, 2015

There are several violations of the Fair Debt Collection Practices Act each of which brings the potential of $1,000 fine per violation plus...

John O. Postl's Answers (278)

I signed a personal fitness contract which included an auto-renewal policy.

I was able to receive an execution of money judgement against a former client. I have their bank account info

Can an out of state judgment be domesticated and/or collected in Massachusetts?

Can I file a small claim on the same person twice for property damage ?

If plaintiff drops case after subpoenas for depositions are served, do they have to pay defendant's costs?

Should I sue the previous seller, inspector and condo management company of the apartment I just purchased but damaged?

Should I just give up?

What do I do when I won a civil trial and the loosing attorney files to appeal the courts decision?

I'm being sued by National Collegiate trust, can they garnish my wages?

Advice in suing a collection company