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Theodore John Koban

Theodore Koban’s Answers

302 total


  • What happens when the house is foreclosed on? Who would be liable?

    I was bit by a pitbull in April of 2015. I now have multiple scars from each tooth on my right thigh.

    Theodore’s Answer

    The owner of the dog is the person liable. If they were the owner of the home, and its was foreclosed upon, they are still liable to you. Homeowners often get insurance for liability claims. I insurance was in place at the time of the incident you may be able to submit a claim. If there was no insurance in place you may have a hard time collecting anything for your loss.

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  • Should I seek counsel?

    Was in supermarket did not see clear liquid on floor slipped and fell went to hospital should I seek counsel? No wet area signs were up

    Theodore’s Answer

    Were you injured in some way? Did you require follow up medical attention> Lose time from work?.

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  • Victim of a hit and run accident on my college campus..

    Security said not all cameras are connected, then gave me hope that some are in the area I was parked. When I talked to the guy at the front desk he said he couldn't see anything. Am I out of luck?

    Theodore’s Answer

    Hopefully, you have reported the matter to the police when it occurred. Contact your insurance agent to see if you have coverage for the repairs.

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  • Is Lustig Laser and Wilson a real debt collection firm or am I being scammed?

    I'm paying a debt to them and I'm not sure there legit or that I owe it?

    Theodore’s Answer

    They are quite real. You have a right to know about the debt they are trying to collect. There should be notices of these rights in the documents they have sent you. Use them. Ask them, in writing, to estabis the validity of the debt.

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  • If a claim gets denied & a claim investigator says he will report it to National Insurance bureau for fraud - what doesthis mean

    rear ended in Boston a year ago, claim was in paperwork for a year - allstate hired a independent guy to look at the car once and denied the claim, even after the hearings court ruled in my favor. the investigator called and said he would report t...

    Theodore’s Answer

    Mass law has authorized an Insurance Fraud Bureau. Ins companies refer cases to them and they can initiate criminal proceedings against a suspected individual. They are funded, in large part by the insurance industry and are protected, by law, from being sued if they bring a frivolous claim. If a criminal case is filed against you you will need to hire a lawyer. The potential penalties on conviction are severe. Sadly, even when you have nothing wrong you may have to go to court and suffer a trial to watch them proceed with no evidence against you, I managed to get one of these cases dismissed a few days ago. My client, who had done absolutely nothing wrong, had trouble sleeping for months.

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  • My landlord is harassing me and not taking care of property

    my landlord harasses me about my rent when i pay within the first 2 weeks of the month being a single parent depending on child support to help with rent. she will call and scream at me threatening to come to my door to collect. i have tried to ...

    Theodore’s Answer

    For the conditions in your apartment call your local Board of Heath and ask them to perform an inspection. if the apt is not compliant with the State Sanitary Code the landlord will be ordered to correct the condition. If the conditions aren't corrected there are rules regarding your ability to withhold rent until the conditions are repaired. As to rent. It is due whenever it is due. Your personal issues are not the landlord's problem. If you don't pay, for whatever reason, you can be evicted.

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  • What is the lawyer's obligation to me in a personal injury suit?

    acquired an attorney, MVA 2/4/15, completely not at fault, Attorney has not kept me informed, constantly getting no call back when I call the office. No updates, I have no idea what's going on. I've had to do work that they said they were "working...

    Theodore’s Answer

    If a settlement check come sin you should have to sign it. Sometimes checks do not issue for quite a while as the ins co looks checks for liens and unpaid child support obligations However, a lawyer should always return your phone calls. Something is wrong if you are being kept in the dark. If he does not return your call ( give her a day or two) , send a certified letter asking for your file ( it is your - not his.) If you do not get the file within a reasonable time, or a telephone response, contact the Mass Board of Bar Overseers.

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  • I had ACL Reconstruction Surgery and now require more surgery to replace damaged meniscus.

    I recently had ACL Reconstruction, everything seemed to go well and I was excited to get back to playing sports soon. Today I had my post-op and I was informed that I had meniscus damage and I needed to have another surgery for this. My doctor nev...

    Theodore’s Answer

    I hate to be a spoil sport but on a practical level having to undergo a separate surgery, even if it all could have been done in one, is not likely to bring a large monetary recovery. You need to find a doctor willing to testify that the first doctor did something wrong. You may find it difficult to find a lawyer willing to put time and money into your situation. There are many acts of malpractice that do not get pursued because the potential financial damages are too low to justify the effort. Several malpractice lawyers I know will only take on a cases if there is likely to be over $300k in compensation. IMVHO - For the average person an extra 8 weeks of rehab isn't worth that kind of money.

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  • Received discharge in Nov. of 2011. I have a small 1st and a large equity LOC(2nd). Can the bank forgive the LOC?

    My primary home was sold to me without disclosure of flooding which ultimately left me with a huge mold crisis forcing me into bankruptcy and having to more back into my former home I was renting. The home(s) were not reaffirmed and the discharge...

    Theodore’s Answer

    If your home has equity value that supports the second mortgage it is not an unsecured debt. It is secured by the equity beyond the $16k first.

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  • How do I approach my attorney regarding incorrect Schedule C discovered post-discharge (C7)? He wants to charge me AGAIN!

    During a recent hearing on my Motion to Avoid Lien (Real Property), the Judge informed me that he cannot rule on my motion because my home is NOT listed on Schedule C as exempt property. He continued the matter. I initially filed the motion pro ...

    Theodore’s Answer

    Write the lawyer a letter and suggest that he put his malpractice insurance carrier on notice of your claim. If that doesn't work threaten to file a complaint with your local attorney overseer office and if that doesn't give you satisfaction file a complaint. Asking you for more money on the facts you allege (and I appreciate it is only one side of the story) is, for lack of a better way to put it "chicken sh*t."

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