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What do I do if I have a claim against someone/something, but I do not know who/what he/it is?
4 January 2014 This may sound funny to someone not in the situation, but it does happen; someone or something did something to you, but you are not able to identify them, at least at this time. For many people, they simply give up since they are unable to name the actual entity that conducted […]
How do I prepare a demand letter pursuant to Mass. Gen. Laws chapter 93A?
13 December 2013 There are many requirements to a demand letter (and we will touch on only one of them in this post). The point to keep in mind is that it is not just a letter, it is a unique, special letter that if done properly triggers the obligations and protections afforded by the […]
I filed for bankruptcy and my credit union has frozen my bank account and seeks to “set off” the funds because of an outstanding balance on my credit union credit card, what can I do?
2 December 2013 There may be hope. Initially, we will cover some history on the subject. Although it seems credit unions and bank have not tried this much in Massachusetts, in the past a credit union generally had a right to administratively freeze a bank account to prepare to seek a set off to collect […]
What is a deficiency, and what is a deficiency that relates to a residential mortgage?
14 November 2013 A deficiency is the word typically used in the insolvency realm to refer to the amount of money that remains due after the collateral in a secured loan is applied to the total balance due. For the average consumer, a deficiency can arise with the two most common types of secured loans, […]
My deposition was taken in a Massachusetts case and there are some answers I would like to change, can I make changes and how are changes made?
11 October 2013 Yes, you can make changes to correct typographical and transcription errors, and in Massachusetts, you can make substantive changes as well, even if the changes are clarifying or contradictory. Smaland Beach Assoc., Inc. c. Genova, 461 Mass. 214, 228 (2012). The changes are to be made in the form of an “errata […]
I am interested in filing a chapter 11 to keep my business going, what does it cost?
2 August 2013 Quick Answer: A lot. The filing fee is $1,046.00, administrative costs will likely be thousands, and one can expect to pay five figure amounts in attorneys’ fees. Further, there are costs that can be unexpected that make a precise estimate impossible, one which is discussed below, but first, a brief introduction. Frequently […]
Massachusetts Department of Revenue, penalties, interest, and payment allocation.
13 July 2013 Benjamin Franklin said “the only things certain in life are death and taxes.” Although we know there are more things certain that can be added to that list, we must concede that paying taxes is indeed one of them. In dealing with the tax man, many find themselves being assessed an unpaid […]
Corporate sales taxes, personal liability, and the Massachusetts Department of Revenue.
11 July 2013 Business owners who are behind on paying their corporate sales taxes may find themselves in a big mess. Generally, these amounts are considered to be held in trust for the Commonwealth. Should corporations fail to pay these sales taxes, the Commonwealth is able to collect the amount due from the officers of […]
How long do I have to bring my legal claim to court?
1 July 2013 This is a common question and one that has the typical legal answer, it depends. The author herein recommends a comprehensive approach to this type of question. Initially, let’s point out that we must back up and ask whether there is a claim to being with. Typically a person answers this […]
I signed a general release effective in Massachusetts, can I now bring a claim against the party I gave the release to?
1 July 2013 Answer: Probably not. Although any release must be assessed with consideration of all the facts and its particular language, the idea behind a general release is that the party providing it releases all claims, not just the claim or claims the parties were disputing initially, whether known or unknown at the time […]