Category Archives: Uncategorized
If I am not paid by an employer that is an LLC, do I have a claim against the manager of the LLC personally in addition to the LLC itself?
18 January 2016 Answer: You might. The Massachusetts Wage Act is a sweeping statute that imposes personal liability on officers of corporations for non-payment of wages in addition to the corporate entity itself. Most recently, that liability was formally expanded to managers of LLC’s as long as they are considered a “person having employed in […]
I have a legal controversy or disagreement that I want resolved but there is no pending court case, how do I resolve it?
12 May 2015 Answer: File for a declaratory action under chapter 231A section 1 of the Massachusetts General Laws. Many people face the situation of having a legal conflict or disagreement and want it resolved, but if there is no pending civil action, they are left with uncertainty. They are unaware of how to resolve […]
4 April 2015 Initially, you must diagnose what the problem is. Is this a case of some legitimate impropriety with the filing and the clerk’s office has the right or obligation to reject it or is it a clerk’s office overstepping its authority? To investigate this, you will need to be able to articulate exactly […]
13 March 2015 There are many different courts in Massachusetts, the Land Court, Probate and Family Court, Housing Court, Juvenile Court, Small Claims Court (which is really part of the District Court), District Court, Boston Municipal Court (which is almost just the same as the District Court), Superior Court. There is also the Medical Malpractice […]
A 1099C form just came in the mail, is this cancellation of debt (COD) income? And if so, what are the tax ramifications?
19 February 2015 This is the time of year that people are taking a look at the tax documents they have received and one of these can be a 1099C from. This is an entity claiming that it forgave/cancelled debt owed by you to it. The cancellation of this debt is generally taxable. (But wait […]
Does a violation of the Fair Debt Collection Practices Act (of the federal law) constitute a violation of the Massachusetts Consumer Protection Act?
20 January 2015 Yes. Just before 2014 ended the Court of Appeals for the First Circuit issued McDermott v. Marcus ruling that a violation of the Fair Debt Collection Practices Act is a per se violation of the Massachusetts Consumer Protection Act, specifically, Mass. Gen. Laws c. 93A § 2. McDermott v. Marcus, Case No. […]
2 December 2014 After a judgment is entered, the next document to issue is called an execution. The execution is what empowers the sheriff’s office, as it is directed by the creditor, to collect from you. Depending on the circumstances and the court the case is in, an execution is to be issued by the […]
1 Nov 2014 Maybe. First, the good news; although difficult, eliminating tax debt in bankruptcy is possible and very beneficial. Tax debt grows quickly and can hang over you for what seems like an eternity. The government also enjoys collection powers that other creditors do not. So, obtaining a discharge from tax debt can give […]
18 October 2014 A creditor files suit against you for a debt owed. It eventually obtains a judgment and then an execution. You learn that the creditor is seeking to give the sheriff the execution to have him levy against your vacation home and force its sale to satisfy the judgment. Just before the sale takes […]
With which court do I file my civil action, the Massachusetts Superior Court, the Massachusetts District Court, or the Small Claims Session?
1 October 2014 One of the first decisions that a plaintiff has to make after they decide to file suit is which court in Massachusetts to file their case in. This is not as easy as one may think in many cases. There are some general rules. Superior Court has jurisdiction over cases involving $25,000 […]