Maine Recent Legal Answers from Lawyers

The U.S. Commodity Futures Trading Commission recently determined that these services may not lawfully be offered to U.S. citizens residing in the U.S. It's perfectly legal under the laws of Cyprus, apparently, but you don't live there. No U.S. agency will protect you or police these markets.... Read More

Yes, you can file bankruptcy in Maine if you have resided there for more than the last 3 months.  As far as "including" the condo, I don't know what you mean by "include".   You must list all assets and all debts in any bankruptcy case.   If you're talking about letting the condo be foreclosed on or otherwise sold and are asking whether any deficiency balance owed is dischargeable in bankruptcy, the answer is yes, but there may be tax consequences which should be analyzed before you take any actions such as filing a bankruptcy case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

If you are unable to afford an attorney there are legal aid clinics available in some locations that might be able to assist you.  Please see: http://www.ptla.org/ or http://www.mbf.org/provider.htm#ELDERLY ISSUES This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Typically, you can get any number of dismissed cases expunged.  Some states require that you do not have any currently pending criminal cases against you at the time you file for an expungement.  The starting point would be to contact the court where the case was.  The court may have a website which may have standardized forms to use to file for an expungement.   Courts charge a filing fee to file for an expungement which I've seen range from $50 to $100 but I cannot say with certainty what the fee would be for the court in Maine.  Since the process is relatively straight forward, you should also be able to find an attorney who will charge a reasonable flat fee.  However, if your friend cannot afford that, then fill out the forms carefully, pay the court's filing fee, and show up for the hearing.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

Dear Maine, You'll have to return the phone call of the judge to learn of his reasons for calling.  Really only he can answer your question and without more information, I can't even accurately speculate.  If there is an open Probate matter in which you are a party to, maybe something needed to be clarified, maybe you are being summoned to court....who knows.  Usually though, once becoming judges, lawyers do not actively practice law for conflict of interest reasons, etc....so it's most likely you were contacted regarding a probate matter IF contacted in this individual's professional capacity.....it also could have been a personal call.  Again, you'll have to simply return the call to get the right answer to this one....Your question makes you seem a bit nervous....relax a bit....it wasn't a criminal judge, so hopefully there's nothing criminally involved.  Return the call and put your mind at ease.  Hope this helps.  Best wishes to you.... Read More

You should contact a local nursing home negligence attorney (one in your state).  Nursing Home Negligence cases are unique because federal and state statutes are involved and there are fee shifting rules that make these cases easier to take on for attorneys who might not otherwise represent an elderly person in a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

Your inquiry doesn't provide many specifics about the nature of your organization and the kinds of services it performs. As a general matter, businesses of any kind may refuse services to anyone, as long as they do not discriminate on a prohibited basis (race, religion, etc.). That result is not changed merely because your organization enjoys certain tax benefits. ... Read More

You should contact a Maine personal injury attorney. Statutes of limitations vary between states. The majority of states have 2-3 year statute of limitations, but some states allow suit to be filed as late as six years after the accident.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More

You are confusing expense-reimbursement policies with tax issues. If your employees are required to account to you for their business expenses, then they do not report the amounts you pay them as reimbursement as taxable income; you tax the deduction for these payments not as wages but as travel expenses. You can pay them whatever you choose to pay and they will accept. If you pay more than the IRS rate, to which you refer, the excess will be taxable to them.... Read More

I am sorry to hear about this.  I would consult an attorney first unless you are looking for a possible quick and low settlement offer.  You might get a low settlement offer at the meeting but if you think you have serious damages and may have future issues as a result of the potential malpractice, I would consult an attorney before meeting with the hospital.  I am quite confident that an attorney for the hospital will be present at the meeting, along with other hospital officials.  I never recommend that a person attempt a medical malpractice case without the assistance of an attorney.   Medical malpractice cases require the hiring of an expert witness to testify against the doctor, hospital or health-care provider to indicate that their treatment was below the standard of care, along with many other requirements.  The cases are very difficult, costly and take years to finalize.  But, as I stated, if  you are just looking for a quick and low settlement and do not want an attorney's fee to cut into that, then you are probably okay going to the meeting without an attorney. But, there are risks involved with that.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

Without a written agreement, the terms and conditions of your payment would be based on what was stated orally when you were first hired, or based on the company's practices and how they paid you for the time you worked.  If payment to you was never based on payment from the end user of your product, or if they never held money back if there was an alleged defect to an item, they cannot suddenly claim these new conditions apply now. Your more practical problem depends on how much money is owed to you.  If the sum is too small, it may be a little hard to retain an attorney.  If so, your state probably has a small claims court division where you can file suit on your own.  You should first meet with an attorney to see if he/she would take the case... Read More

If your boss believes you're a bully he/she can certainly tell you that.  In fact, it seems to me that your boss is both being honest with you and sending you a message that you need to modify the way you relate to co-workers.  The fact you demanded examples indicates to me that you may have been  more inclined to argue with your boss than listen to what she was telling you.  ... Read More

You need to have a consultation with a bankruptcy attorney in your area to find out the fees and what the costs and benefits are in your situation.  Most attorneys offer free initial consultations. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

The answer to your question is more complicated than you might think, and I really don't have enough information in your question to provide more than a general response.  To begin with "signing under protest" really has no effect; it simply says the employee disagrees with signing the form.  From what you describe, there is a procedure for disposing of oil product and contaminated rags which involves 2 separate locals.  These materials have to be disposed of properly or the employer can face possible violations of environmental laws.  I suspect the employer has therefore put a specific procedure in place which complies with legal and contractual requirements, and any deviation from that procedure may result in either EPA citations or grievances under the labor agreements.  As part of the process, the company insists the employees sign the form.  An employee "signing under protest" can have implications for the company in the sense that the "restriction" on the signature could be interpreted as an indication the person signing the form either didn't follow the required procedure, or is somehow challenging the procedure.  Under those circumstances, the company has decided it is necessary to take disciplinary action against employees who seek to restrict their compliance.... Read More

Although different states' laws vary in the treatment of earned vacation time as wages earned, if Maine's state law provides (as some states' laws do) that earned vacation is a form of wages or compensation for time worked, then the employer's policy providing that it won't pay employees a sum equal to the value of their earned and unused vacation time, that policy would be considered illegal.  Usually you can contact the state Department of Labor for assistance in getting such unpaid wages remitted to you. Sometimes you have to file a lawsuit to get them.    Michael Caldwell 404-979-3150... Read More

I recommend that you seek out a very good real estate lawyer in your area and follow his advice.  It will be worth a modest conference fee.  Restrictions on a deed are legitimate limitations on use, but most restrictions expire with a specified time frame.  If there is no expiration date on the deed in question, there may be some state statute that provides for an expiration after some given period.  It seems to me that the passing of 124 years (and with it the passing away of the community standards that apparently existed at that time) would argue for nullification. If there is no applicable statute, perhaps there is a basis for obtaining a court order holding that the restriction is now obsolete.  Since you no doubt would like to have your property insurable by a reputable title insurance company -- without exception to the restrictions -- your attorney probably should confer with a title company's regional counsel for assistance in resolving the matter. ... Read More

Your question is how to get your name removed from the "ownership" records?  You do not say whether there is a debt owed on the mobile home and whether you have a legal obligation to pay some or all of that debt.   In the absence of a debt issue, getting your name off the title is easy enough.  The laws of the State of Maine will provide a means of doing that -- probably endorsing the existing title certificate to your ex-wife and having her file an application for a new title certificate in her name alone.  You or she should contact a business attorney in Maine for assistance.  It should not take long and the process should not be costly. If there is a debt issue, the task is more difficult.  You should first review carefully the divorce Order and see whether the court ordered you to pay the debt - although the court might have given her the MH.  If that be the case, you won't be able to get your name off the debt without paying the debt off.  If the court did not deal with the debt question, again, see a Maine attorney who has some expertise in dealing with business matters and ask him to advise you of the available options.   ... Read More

The landlord has a duty to make your premises "habitable," and, depending on where you live, to provide a minimum temperature during the heating season. However, the landlord does not have a duty to allow you to adjust the temperature. If your home is below a normal room temperature of 68 degrees, you may wish to consult an attorney.... Read More

It's not clear from your facts whether or not you have already filed a Chapter 7 case or not.  Either way, your inheritance is property of the bankruptcy estate.  I'm not well versed in special needs trusts, so I'm not exactly sure how that works, but whatever you are entitled to, the Trustee in your bankruptcy is entitled to (unless it is a spendthrift trust).   Disclaiming the inheritance is a possibility.  I would need to research that, and it may depend on whether you do it prior to your bankruptcy case being filed, or after. Stay on your attorney and if he doesn't get an answer for you, find someone else in your area that can help. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read More

Congratulations on your upcoming marriage. The expiration on your visa stamp does not affect your status/permission to remain in the U.S.  The visa stamp is only travel permission. If your program of study and F-1 status is good for another 8 months, you may be able to marry in January and file for permanent residency from within the U.S.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  You can find info on the green card process based on marriage to a U.S, citizen at:  http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different and everyone's facts are unique.  In your case, issues of pursuing permanent residency while in F-1 status need to be addressed, as well as specific timing issues.  You may also have travel restrictions. I would recommend consulting with an experienced immigration attorney who can outline a case plan for you and provide guidance on all important issues. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com    ... Read More