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Recent Blog Posts

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 […]

I have been warned not to waive my attorney-client privilege during my civil lawsuit, what does that mean?

1 September 2014 To understand the importance of the attorney-client privilege, initially, one must understand what information a party is generally entitled to during a lawsuit/litigation.  Generally, the other party is entitled to what you say to others about the facts of the lawsuit.  This needs to sink in because people are used to the […]

I am facing a motion for summary judgment in Massachusetts, what is it and what should I do?

9 August 2014 A motion for summary judgment is a way a party to litigation moves (asks) a court to grant it judgment (they win) prior to a trial on the merits (where people testify in court, etc).  It is typically filed after the discovery period of litigation has ended.  That means it is filed […]

In defense of Judge Robert S. Murphy Jr.’s June 11, 2014, Order finding Iheanyi D. Okoroafor in contempt of court at the Belchertown District Court.

16 July 2014 There has been much ado over the jailing of a retired 73 year-old man by Massachusetts District Court Judge Robert S. Murphy, Jr. over the failure to pay $508.27 as reported in the Boston Globe on July 2, 2014.  As a cursory review of the on-line comments about the story illustrate, not […]

Can I legally force a lender to take my house back by surrendering it in a chapter 7 bankruptcy?

9 June 2014 Answer:  As a general rule, no, but under the right circumstances and depending on the actions of the lender, there could be a possibility. Many consumers mistakenly believe that their mortgage lender will automatically take their home if they simply stop paying.  Although it is by far the most likely result, there […]


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A creditor in my chapter 13 filed a claim, what should I do?

8 May 2014 Answer: Do not panic as claims are a normal part of the process.  However, it is very important to, and you must if you want to preserve your rights, object to the entire claim or the amount of the claim, if you have adequate grounds. Claims establish the “rights of a creditor […]

What is the statute of limitations for a slander/defamation claim in Massachusetts?

2 May 2014 Answer: Three years from when you know or with reasonable diligence should have known the harm done and the identity of the defamer. The Massachusetts Supreme Judicial Court recently decided the case of Harrington v. Costello.  467 Mass. 720 (2014).  It is a current expression of the law on timing and the […]

Can a settlement agreement be binding even though it is not in writing and contingent on future events?

5 April 2014 Answer: Yes. In general, people have a misconception about the legal value of oral statements and seem to discount them.  This includes statements made in furtherance of settlement agreements, which are discussed here.  The legal reality is that oral statements can be the basis for binding agreements, and settlement agreements in particular. […]

Right to cure foreclosure defense under M.G.L. chapter 244 section 35A in Massachusetts, an update.

23 March 2014             A significant and potent weapon in the arsenal of foreclosure defense litigants and attorneys was curtailed greatly earlier this month by the Supreme Judicial Court of Massachusetts with its decision U.S. Bank, N.A. v. Schumacher.  The question was whether Mass. Gen. Laws c. 244 § 35A was one of the statutes […]