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Found 45 results

  1. Hi, I was in a minor accident where I rear-ended someone while exiting an off-ramp. The damage was minor and we decided to handle outside of insurance. He got his car checked by a friend and said it will be $500 to fix the car (no paper estimate). I want to create somewhat of a contract to insure that he will not claim through insurance after I pay him however. He seems sincere but I want to cover my bases. I want to be sure my contract is legal in MA. Does anyone have any pointers? Do I need to include anything specific to make sure this is valid? I have no idea how to find a notary, is it even necessary in MA? Here is my draft (I crossed out names, license plate numbers, details etc.): Car Accident Full Settlement Contract Date: ______________ I, _____________________, accept as payment in full the amount of $500, as mutually agreed upon, from XXXXXXXXXX, as full settlement for any and all liability, including but not limited to car repairs, arising directly or indirectly from the minor car accident occurring between my 2013 Dodge XXXXXXX (license plate: XXXXXX) and XXXXXXXX's 2013 Toyota XXXXXXX (license plate: XXXXX) on DATE at approximately TIME in TOWN, MA. I, _____________________, further acknowledge receipt of said compensation, $500 as mutually agreed upon, on date ______________. Owner of 2013 Toyota XXXXX (license plate: XXXXXXX): Name: XXXXXXXX Signature: ____________________________ Date: ________________________________ Owner of 2013 Dodge XXXXXXX (license plate: XXXXXX): Name: _______________________________ Signature: ____________________________ Date: ________________________________
  2. Back in 2013 I was the president of a licensed non-profit operating in Massachusetts. We fell behind on payroll and we were reported to the Attorney General's office and both myself and the treasurer were to be cited by that agency. But the treasurer's husband "donated" $50,000. to us from an account listing only himself as an owner and we were able to cover all of the payroll. And only I as the president was cited. This money was donated not loaned and the couple were given a charitable donation letter which they used to take a deduction off their 2013 taxes. Then in 2015, I along with another member of the administration, received notice that a civil suit had been filed against us by the treasurer for restitution of this money. However, her husband is not a part of this suit. She contends that she never "authorized" any such donation. But curiously, she did sign her income taxes that year which means that she most certainly was aware of the donation! We have retained an attorney but he thinks we should just settle. However, it is important to point out that this couple has not amended their taxes nor do they have any intention of doing so. This means they enjoyed the benefits of a large charitable donation and will now be putting money into their pockets. This has to be illegal and against the IRS code or at the very least she must be guilty of filing a fraudulent civil suit. In addition, if we do settle, would this in any way make me culpable to IRS fraud as I signed the original letter for $50,000. and if we give them $25,000. this would mean that letter is false. Anyone who can please give me sound advice would be most appreciated!
  3. Hi, We have a tenant-at-will (no written terms) subletting a room in our apartment for the summer who has been stealing items, and more frighteningly, personal financial information from us and our neighbors. We found a check from our neighbor made out to an unfamiliar name along with several identification cards that were not in our roommate's name (including one for the payee on the check). We checked with our neighbor, who confirmed that she did not write the check and had noticed a checkbook missing from her apartment along with some tax documents. She'd also been notified by her bank of fraudulent activity. This caused us to look closely at our accounts and our belongings and we've found fraudulent charges on both our credit and debit cards. In addition we are missing checkbooks from two accounts, 2 years of tax returns, documents containing our social security numbers, some cash, nice liquors, and some small electronics. When we spoke with the police, they said they can't do anything with the information we have unless he tries to actually pass a check. The extra thing complicating this is that because he is our tenant, we have no way of providing proof of his theft to the police because we aren't allowed to enter his room and the incriminating items that we found have been moved back to his room. He is going to move out in a couple of weeks and needless to say we are freaking out. The only thing we can prove is that the email address linked to the fraudulent subscription charge is his personal email.The card used is currently missing and we believe it to be in his possession. Is there anything we can legally do to stop this kid from walking out of our lives (and our neighbor's life) with all of our personal financial information?!? Any help would be greatly appreciated! Thanks...
  4. Hi I live in Massachusetts and my ex-husband lives in Florida. I have been trying to get this question answered for over a year but I'm getting no where. Am I entitled to more child support if I have my children 100% of the time even if my ex-husband is on social security disability? My sons receive dependent disability benefits from the government but that will be ending when they turn 18 in December. My Judgment for Divorce states that he is responsible for child support until the emancipation of the minor children. They are still considered dependents while they are in school full time or if the rely on me financially 100%. I can't seem to find anyone who knows the answer to this question. I even went to ask a lawyer at the courthouse in the family and probate department and he didn't even know the answer. Anyone who can answer any part of this question or point me in the direction of someone who can I would be forever grateful. Lorraine
  5. Can 4 employees who are bartenders in a non-profit club unionize?
  6. My issue is that the other day I was not working but I was on "on call status". My employer called me at 8:30am but I was unable to go in because I was watching my fiancee 8 y/o son, and there was nobody else available to watch him. The next day I went into work and got an earful from my manager because I was unavailable. Are there any laws to protect me from punishments the company may want to put on me? It's not like I could just abandon a child so I could go to work. It's a no win situation for me, If I don't go to work then they punish me, but if I do go to work then I get arrested for child endangerment or neglect or something.
  7. Who is responsible if a mortgage payoff wire transaction goes missing? The sending bank, the receiving bank or the closing atty? Should i be researching Article 4 of the commercial code or somewhere else? Our closing Atty and bank wired mortgage payoff to the wrong account and it's been more than 2 months and still our original payoff is still missing. We have since hired another atty but i want to do some research as well. Any help is appreciated as I'm getting late notices on a mortgage i shouldn't have.
  8. Is there existing case law for disproportionate distribution of estate assets between heirs? All I've found relates to divorces in probate but not children of the deceased in probate. Thanks in advance for feedback.
  9. I recently settled a wrongful termination suit. Check was made out to me only. It was sent to the owner of my law firm. He recieved the check but did not send to me for 10 days. I emailed or called every day. When he sent it, it was not the original check. He signed and deposited my check, and wrote me a check. I could not cash the check due to insufficient funds. I know to report to BBO, and police. What other recourse do I have in this matter?
  10. Does anyone know what the traffic laws are for how to best secure things like a box spring to a roof rack of a car without getting a ticket? I have portaged my canoe using 3 straps, 3 points of contact for years with no problem, but I am moving my daughter from college. She wants to donate her box spring and will be traveling a fairly short way on Rt 9 toward Boston. Her friends are telling her she is going to get a ticket if she does not have rope, but I purchased a 4-pack of 12' ratchet straps that I know will keep this thing secure on the roof rack she has on her Vibe. I can't seem to find regulations though on the topic. (this from the girl whose roommates literally held on to a mattress at the start of the year, while they drove 10 MPH from the Natick Mall back to her school 10 minutes away!!!) Thanks
  11. I work in retail store as a commissioned sales worker with base pay (which is below minimum wage). The store manger is scheduling all employees to work an hour after the store closes to help straighten store depts. We are locked in and not able to leave until a manager says we are done. For the hour after closing, I am only getting my base pay as the store is closed and not making any sales. Is this legal?
  12. A widely taught concept, the "lean start-up methodology", advocates to create fake websites and advertisement to accurately gauge consumer demand for a product or service that is yet under development. Is this practice actually legal? To be more specific, is the following legal: 1) I set up a mockup website for a smartphone app that does not exist 2) The website includes a button with the text "get the app" that links to a survey 3) An advertisment on facebook invites facebook users to "get the app", and the users would then be redirected to the mockup website Note: Neither the advertisement nor the mockup website include information about the fact that the app does not exist yet. Only when seeing the survey, users are informed that the smartphone app is not existing yet, but that they can help developing the app by filling in the survey. The website is hosted in Germany, but targets consumers across the US.
  13. Is the following approach legal? A website created for a smartphone app that is under development includes the following two parts: 1.) A claim that a donation of 5$ can provide up to 5 people with access to save water for one year. This fact is taken from another website that offers a free online calculator for donation effectiveness. 2.) An overview how the app would allocate investments to different financial products. The allocation of funds is equivalent to a general recommendation by an online service that tailors investment portfolios to a desired risk-return profile. More specifically, the allocation of funds is again taken from a form of online calculator. The website is hosted in Germany, but targets consumers across the US.
  14. I recently left my job over the following factors: -I was denied sick days on the basis that I had excessive callouts, and was threatened with corrective action if I were to call out sick again. I had only two callouts that were not excused by a doctor's note, and two that were, all four of which were non-consecutive and spread out over the eight months I was employed. I was rarely late, and if I was I made sure to call ahead and inform a manager, as was policy. Many of my coworkers were allowed to call out more than this with no repercussions. This was further exacerbated by the fact that I was not given a day off. I had two days that I had no availability for because I have classes those days, but I was scheduled for long shifts, often extending past midnight, on every day I was available. When I mentioned this, the management told me that those days counted as "days off" despite the fact that I was still technically working those days. -A coworker approached me with some racist jokes that made me uncomfortable enough to speak with management about her. This coworker also had a tendency to refuse to do certain aspects of the job, which made me have to work twice as hard to pick up her slack and I mentioned this as well. When the management followed up with me on my complaint, I was reprimanded for trying to police my coworker's behaviour, and my main complaint -- that my coworker made some very inappropriate comments to me -- was disregarded because I had no witnesses. I am a white female, but the vast majority of my coworkers were also women, so I don't feel this kind of discrimination was racially or sexually motivated. Regardless, I do feel like I was discriminated against based solely on manager preference, and that the rights that were awarded to my coworkers were denied to me, and I left the job immediately. My main problem is, there's no documentation of these incidents. They were verbally spoken to me and not recorded (I was never actually written up), and the only witnesses to these discussions were other members of the management team, who I feel would claim my accusations are fabrications. I think I can at least try to file for unemployment based on these incidents, but I'm worried my former employer will try to contest it, and I have no way to prove that my claims are valid. Do I have a case for unemployment? If I do, what should I do if they try to contest it?
  15. Court Ordered Garnishments gone afoul I'm trying to help my mother out here. She is a 68yo who still works part time 20 hours a week as a book keeper. She is dealing with other bills that keep her from paying off the debt from the Hospital. You see she was diagnosed with 7 months ago with Advanced Stage 4 Small Cell lung cancer and tumors throughout her body which includes her lungs, liver bone marrow in her arm that keeps breaking due to thin bones, pelvic and spine. And after each outpatient chemo treatment she goes from the hospital directly to work. She had a Discover card with a high balance and a local law firm got a judgment against her for about 9000 dollars. She has been paying 32 dollars a week out of her check for almost 5 years now and the balance is now over 13000 dollars. They are compounding interest so fast that the 18% of her weekly check isn’t covering the high interest that the law firm has tacked onto the debt. So she keeps paying and none of it is going to the debt just being applied to the interest. What can she do? Can a law firm add money on to a court ordered judgment for thousands more then was the court ordered? Is there a way I can get the judge or the court to cancel her debt? The court order was from 2007 and is no longer on her credit report. According to the doctors she has between 6 and 12 months left and I don’t want her to spend what little time she has trying to pay off a debt. I have offered them 7000 dollars of my own money to the law firm to cancel the debt and they refused they wouldn’t take anything less than 90% of the debt. Anything less wouldn’t be in there best interest.
  16. About a month ago, at approx. 12:30 AM on a Monday night (Tuesday morning, technically), a vehicle slammed almost head-on into a large pine tree that sits at the end of our driveway on our property. There's a SLIGHT bend in the road where our property sits, so this is actually the third (!!) accident involving our front yard. The previous two times were due to weather conditions and the operators driving too fast - both occurred during the day. The previous two incidents were handled via the operator's vehicle insurance and all went smoothly. This incident was different. We woke out of bed and threw on robes to run outside, as we knew right away there was an accident by the loud crashing sound. When we got outside, the driver was standing outside of the vehicle and he was completely unharmed and seemed somewhat coherent. We yelled out if he needed 911 or medical attention, which he emphatically declined. He had been traveling northbound on our street, so the passenger's side of the vehicle is what slammed into the tree and was completely caved in. His car was totaled. There was gas leaking all over our driveway and while I was asking him to step away from the vehicle, he tried to start it!! He was unsteady on his feet, but not in the way you would be after an accident (like dazed), it seemed like he was drunk. When he began to talk to us, it was CLEAR he had been drinking. I asked him what happened and he started pointing every which way saying a deer ran out in front of him. I asked him for the third time if he was OK and if he needed medical attention to which he said he was fine and he was sober. He kept saying over and over that he was OK to drive and that he hadn't been drinking when neither my boyfriend nor myself ever accused him of drinking. He couldn't tell us from which direction the deer came out and he called us "dudes" (a man in his late 40's shouldn't call people "dudes" when he just slammed a car into their tree). When I said I was calling the police, he again said he was fine and that his sister lived nearby and we didn't have to call the cops because it was late and he just wanted to deal with this now. I got upset at this point and told him the cops were being called and he needed to stop talking. He made my boyfriend call his sister who actually literally lived down the street to come get him. The cops showed up, we went back in our house after giving a statement, but we proceeded to watch the police. They didn't even so much as make him take a field sobriety test. I was LIVID. We watched as the police released him to the custody of his sister and they had a tow company come remove the car. Regardless of their suspicions, shouldn't it be standard to issue a field sobriety test when the vehicle's occupant is clearly uninjured? It was 12:30 AM on a Monday night and they didn't think he was drinking? I wrote to the police department and they offered me a free crash report - this guy wasn't even driving his own car - he was driving the car of another person with a different name from a different town than where he lives. Not that big of a deal, just seems suspicious I guess. The police just sent me a letter back that said their internal investigation was over and that nothing had come from my complaint. I did my own "investigation" and looking at the way he smashed into the tree, and the lack of any skid marks or break marks had he tried to swerve his vehicle like he claimed, and both my boyfriend and I's visible witnessing of his inebriated state, we think the cops either know him, know his sister, or were simply being lazy! My theory is that he was either too drunk to see the slight curve in the road (street is not well lit), or he dozed off and his car drifted off to the right and by the time he realized he was going to crash, he tried turning his wheel to the left but couldn't avoid the tree (there was a large chunk of the tree up the street to the left - so I think he "clipped" the front of the tree trying to avoid it and he ended up clipping it almost head-on....I know this is hard to imagine with no visuals). I'll be frank - I am so incredibly upset that this man was clearly drunk and he got away with it, and had he missed the tree by 1 ft, he would have come smashing into our home. He could have killed someone. I know MANY people who have had to own up to a DUI and I don't think it's fair that he doesn't have to. I know for a fact that if that had been me (a young girl on a Monday night at 12:30 AM) they would have absolutely given me a DUI. Not to mention the pine tree is still all smashed up (but won't need removal, as it's very large and old) and there's a large fuel stain still on the driveway. Not only did he completely ruin our nice night where we for once got to bed early, but I was up until 2 AM dealing with his crash, we had to clean up all the car bits and pieces (still not done with that) all around our lawn and he was a complete drunk, smug jerk! If you read this whole thing - THANK YOU - but, is there anything we can do at this point? Am I just being crazy? I want to file a civil suit against him but I guess I'm not really sure what angle we'd go for - are we looking for emotional distress? Are we looking for property damage claims? An ugly, carved up tree and some oil stains on the driveway isn't exactly worth suing someone over. Should we sue the police department? Pretty hard to prove they did anything wrong - but in all honesty, I'm really upset with them most - how can I trust them again when I know they are so lazy and callous? It's more about making a point than money at this point. ANY info or help or even a link would be hugely appreciated!
  17. I have a child support adjustment court date on Dec 18th. I am currently disabled and on SSDI. I live in NM and need a lawyer to appear for me. My ex Wife is currently getting 50% of my SSDI and benefits from SSDI in the amount of another $910 a month. She has also gotten back pay for both back to May 15th 2010. I can't live off of only $800 a month and will be homeless soon if I can't get this changed. I can pay $500 for help that I borrowed and can pro bono and back pay that you get. Is there anyone out there that can help me pls?
  18. GAL is an attorney, she did not follow the guidlines of what she was to investigate, on the way of writing the report, and CLEARLY wrote a slanted, biasreport. She used (from my ex side, 11 people who I have not seen or spoken to since 2007,) and from my side (I gave her 9 people, 6 of which where MUTUAL friends of mine/ex.... She chose to ONLY speak to my parents, one sibling, new spouse and one childhood friend - and she even made people on my side sound like they side with my ex...) HOWEVER, the report is not suppose to be about me - my issues, nothing like this... Although that is ALL SHE TALKS ABOUT, it was suppose to be about my kids, their adjustment, and their mental states. Its basically a 62 page slam on ME - and she never really gets to even talk about the kids? She even goes so far as to point out things like "sibling of "me" states he is Not aggoraphobic, this writers opins that the "me" stated earlier to this writer "me" does not like to drive at night, contradicting sibling..." NO SHE IS NOT!
  19. Hello, I didn't know where else to ask this question or how to search for this online to find the exact answer. My landlord two weeks ago had a coin up dryer delivered and installed in the basement of our apartment building. He asked me the day before if I would be home for the delivery, but I informed him I would be in class and my roommate would be at work but I could leave the back door unlocked for them. The dryer is in a common area in the basement which is normally locked so only the tenants of the apartment building could get in there. In that area there is also a large area of the basement that our landlord allows us to use for storage. I don't store many items there; mainly just my camping equipment, an old kitchen table we are currently not using, and our air conditioners for the off season. Now they came and installed the dryer (dryer sucks by the way, I feel he got robbed as well) and I have a 12,000 BTU Fridgeadaire window Air Conditioner ($350), a Shakespeare Ugly Stick Tiger fishing rod ($80), a camping grill, and a 12 foot Coleman Instant Canopy ($120) missing! I messaged my landlord some angry text messages and told him what happened, and because this is the second time people he hired had stolen something from me (some electrician stole saw horses from me last summer, my neighbors even saw it) I am going to withhold rent from him for the items stolen because I hold him liable for this because I told him I would leave the door unlocked for these people he hired who stole my stuff. He tells me he is not liable for it, and I shouldn't have left it in an unsecure area. AN AREA I LEFT UNSECURE FOR YOUR GUYS TO DELI EVER HIS DRYER! Not normally unsecure. I obviously am not sure who is liable for this, though I put the blame on him for continuing to hire crackheads. In a situation like this who is liable for this, my landlord, the owners of the appliance company, or me? Thank You
  20. So i just bought a used 2010 Honda Accord from what i thought was a reputabile car dealership. The car looked great when i went to look and test drive it. I asked the salesman if the car has ever been hit or had work done and he said nope it has a clean carfax.. I took his word for it cause it looked practically new. About 3 days after i picked it up i noticed the bumper and a few doors was a lighter shade so i took it to a near by auto body shop, as it turns out the car was in a accident and had body work done, right after that i took it back to the dealer to see what the story was. They just kept saying it has a clean carfax and he offered to paint a 1/4 panel or give me 300.00 thats where I'm at now. I really feel deceived and misinformed. I paid for a car with no previous damage and i get a 2 toned car with diminished value.. Do i have a strong case if I decide to go foward with legal action?
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