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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,274 total


  • Can i press charges on a cop, who kicked in my door, when i was sleeping?

    I was working nights, my mother had my daughter and i was taking a nap, i was by myself because i had kicked my boyfriend out a few days earlier, All of a sudden the door was being kicked in by just one cop who was by himself broke my door, had hi...

    L. Maxwell’s Answer

    There's too much here we don't know. Why did the officer come to your door? Different analytical frameworks apply depending upon whether the officer was engaged in "community caretaking," i.e., had reason to believe you might be seriously injured, vs. whether the officer was looking for evidence of criminal activity. If the only damages were that your door was broken, that's not something to sue over. But there is a lot here you don't say. If you want legal advice you can rely on, schedule a private consultation with a local lawyer.

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  • I've been a victim of malicious prosecution before by a law firm, I am wary of giving my personal information to attorneys

    Can I request that a law firm sign a confidentiality agreement before signing off on disclosures for criminal/medical/tax records... im skeptical that some attorneys will attempt to use my personal information for wanton purposes such as stalking/...

    L. Maxwell’s Answer

    When a prospective client consults with a lawyer for the purpose of obtaining legal advice, the lawyer owes the client a duty of confidentiality. It's absolutely fundamental to the relationship, even if the lawyer declines to represent the prospective client. I know of no lawyer that would sign such an agreement presented by a prospective client. It would be a big red flag that the trust and confidence essential to the lawyer-client relation was conspicuously absent and that trouble in that respect lay ahead.

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  • How does a Paraguayan obtain a car driver's license in Paraguay?

    What docs does one need to apply for a driver's license in Paraguay? Which municipalities in Paraguay require the applicant to bring the photo to the DMV instead of the photo being taken at the DMV? Thank you.

    L. Maxwell’s Answer

    The lawyers who volunteer to answer questions on Avvo are licensed to practice law before various state and federal courts in the United States and its territories. The question you are asking pertains to Paraguayan law, and it is highly unlikely the lawyers who answer questions here would possess such knowledge. You may be able to inquire at the Paraguayan consulate in Los Angeles (assuming one exists) on such questions, however.

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  • Are dating site pricing discriminatory to people on SSD?

    As you well know those of us on SSD have a very limited income source. I've recently have had the need to look on these sites to possibly find someone to enjoy and love. Problem being the sites that actually have large numbers of members also pric...

    L. Maxwell’s Answer

    it's definitely not unlawful to offer services contingent upon the payment of membership fees that are too high for some particular person or class of people to afford. Think of country clubs that cost thousands of dollars a year for membership. Neither a country club nor a dating service are like public utilities who have to take all comers. if you can't pay the admission price, you can't get in.

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  • If I was a plaintiff in a civil case who withdrew myvcomplaint without prejudice do I still need to answer discovery requests?

    I filed my request to dismiss w/o prejudice. I was served prior to this For Interrogs and requests for admissions. Do i still need to answer these?

    L. Maxwell’s Answer

    If the court has dismissed the case, it's over. Until the court has dismissed the case, the rules which apply to the time deadlines in civil cases apply. However, rare and probably foolish is the opponent who moves to compel responses to discovery after the plaintiff has asked the court to dismiss the case. Moreover, in civil cases there's typically a "meet and confer" obligation which parties must meet before moving to compel discovery. This means the party who wants to move to compel must try to resolve the dispute informally by contacting the opponent who hasn't answered discovery, in an attempt to get the party to fulfill his or her obligations. The party who hasn't been contacted by the opponent, asking about outstanding discovery, need not worry about the grant of a motion for sanctions, because the meet-and-confer obligation is generally a prerequisite to the grant of sanctions.

    For legal advice you can rely on, consult California counsel. I practice in Vermont ONLY.

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  • When I went to court he asked me what my status was. My wife is in agreement with me we have been separated for 25 years.

    Uncontested Divorce

    L. Maxwell’s Answer

    I don't see a question here. Do you have a question?

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  • Can I Still Bring This To Court 16 Years Later

    I am wondering what the statute of limitations are in Vermont when it comes to neglect and sexual abuse in foster care... I see these priest lawsuits happen from 40 years ago and they see a courtroom but I was told a few times that I have no case...

    L. Maxwell’s Answer

    I agree with Attorney Wysolmerski's answer, but have a few things to add. The main one is the concept of "tolling." Tolling means that the statute of limitations clock sometimes stops ticking if it has started, or may be delayed in starting at all. One thing that tolls the statute of limitations is minority, meaning, the clock doesn't start to run until the victim reaches 18. Another thing that may toll the statute of limitations is if the person doesn't understand the connection between the symptoms he or she is experiencing and the abuse. The law varies from state to state, but "discovery rule" in such cases may provide that the clock doesn't begin to tick until the plaintiff discovers the injury and its cause. Another thing that happens is that victims may repress or dissociate all memory of the abuse, until one day something triggers a memory of the abuse and it comes into awareness.

    Another tolling doctrine may stop the clock running on the statute of limitations while the tortfeasor is absent from the state. It is unclear whether out-of-state tolling remains viable in Vermont, but where it might apply a court might rule that it still applies. One can't know until one presents the argument to the court and the court rules.

    All of which is to say, the question whether a claim for childhood sexual abuse may still be brought when it seems to be stale is very dependent on the specific facts of the case. A lawyer licensed in Vermont who has handled such cases may be able to assist you to evaluate whether there's any hope of civil redress still available to you.

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  • Will I be sued for refusing to pay the balance when wedding vendor changed the terms of our contract without our knowledge?

    I entered into a contract with my wedding venue for (what I thought) was a price per person beverage package, in the contract it stated "estimated beverage cost $55/pp, which I signed. Following the wedding event, I was presented with a $17,000 ad...

    L. Maxwell’s Answer

    We can't tell whether, if you're sued, a court will rule that you owe the money, because we haven't looked at the contract. $17,000 is at stake. Take your contract and your story to a Massachusetts-licensed lawyer to obtain particularized legal advice based on all the specifics of your situation and the actual language of the contract you signed, not just what you stated here in your question.

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  • Do I have to pay an electric bill from 16 years ago?

    I owed 2350,00 to Atlantic Elec from my house in 2000. I sold it. I didn't need elec in my name till 2011. I called when I was moving into an apt in 2010 and was told I had to pay that 1st in full. I put elec in my Moms name. In 2011 I rec'd a sta...

    L. Maxwell’s Answer

    Generally speaking, the statute of limitations prevents a creditor from suing a debtor on a debt after a certain amount of time has gone by since the last payment. But that is an entirely different proposition than the creditor's refusing to extend the debtor credit, or new service, while the old debt remains unpaid.

    Perhaps a NJ lawyer will weigh in on this subject. The following article is of general interest and is not specific to New Jersey law, but it may be helpful:

    http://blog.credit.com/2012/02/five-sticky-utility-bill-problems-and-what-to-do-about-them-52213/

    Not legal advice as I don't practice law in New Jersey. It's just my two cents. Consult New Jersey counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • Can I place a recording device in my husband's vehicle?

    My husband is having an affair and I want to place a recording device in his truck to find out when he is planning on meeting his mistress so I can have him served with divorce papers while they are together in case she doesn't know he has a wife....

    L. Maxwell’s Answer

    You ought to have a look at the Federal Wiretap Act. Here is a useful summary:

    http://communications-media.lawyers.com/privacy-law/wiretapping.html

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