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Author Archives: Cathy from Lowell

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93A Demand letter sent by mail sufficient notice… posted on Oct 28

The Appellate Division of District Court, reviewing a case in Salem District Court has ruled that the law does not require certified mail for a demand letter in a consumer protection claim.  (Leck v. Pope’s Landing Marine, Inc., et al.) Citing chapter 93A section 9,   …Continue Reading 93A Demand letter sent by mail sufficient notice…

The importance of the civil action cover sheet posted on Oct 21

A recent superior court decision has underlined the importance of a full and accurate reporting of the injuries on the Civil Action Cover Sheet.  The form requires a listing of expenses as well as a description of the injury, including the nature and extent. In Stankiewicz   …Continue Reading The importance of the civil action cover sheet

SJC affirms charitable tax exemption for forest land posted on May 23

Although the recent case between the New England Forest Foundation and the Board of Assessors of Hawley, 468 Mass. 138, was only about a bill of $173, the issues are much bigger than that would lead you to believe. Forest land of over 10 acres   …Continue Reading SJC affirms charitable tax exemption for forest land

Managing someone else’s money, help for the general public posted on May 21

The Consumer Financial Protection Bureau has released a series of short publications written for the uninitiated who have to serve as a fiduciary for another person’s property.  Attorneys might consider referring people to these as a way to offer some simple information to those thrust   …Continue Reading Managing someone else’s money, help for the general public

SJC rules for clearer advice on immigration consequences of criminal convictions posted on May 20

The Supreme Judicial Court has ruled that vague advice that a defendant could be “eligible for deportation” was constitutionally deficient, and as a result, Elan DeJesus suffered prejudice. Ruling that the consequences of conviction of possession with intent to distribute are clear and explicit, since   …Continue Reading SJC rules for clearer advice on immigration consequences of criminal convictions

Using an index to find a law posted on Sep 22

When you need to find a statute, one of my favorite tools is the index.  Using  an index is quick way to get right to the section you need.  Sometimes full text searching for common terms is just too cumbersome.  You may get far too   …Continue Reading Using an index to find a law

If you like eBooks, have we got a deal for you!

If you like eBooks, have we got a deal for you! posted on Aug 15

It may seem like we keep pushing our eBooks, but a LOT of people still don’t know that you can get most of the rules of court as free eBooks to install on your phones and tablets.  Once they are on your device, you don’t   …Continue Reading If you like eBooks, have we got a deal for you!

How much time do you have to pay bills? posted on Jul 15

The Globe recently took this question, and we thank them for their input.  We have included a little more with links. Phone bills should be sent about 33 days before they are due, and the bill should reflect a 30 day period to pay the   …Continue Reading How much time do you have to pay bills?

Martin Luther King, Jr. and holidays posted on Jan 21

Massachusetts passed it’s MLK, Jr. holiday law in March of 1971, as Chapter 6 section 15S of the general laws. The act was Chapter 69 of the Acts and resolves of 1971. While it states that the governor shall proclaim the 15th of January to   …Continue Reading Martin Luther King, Jr. and holidays

Buyer of property after invalid foreclosure has no standing posted on Oct 19

In the case of Bevilacqua v.Rodriguez, appealed from a Land Court decision, the SJC has ruled on a follow up issue from the earlier case of US Bank National Ass. v. Ibanez. In Ibanez, the court held that absence of authority to hold the mortgage,   …Continue Reading Buyer of property after invalid foreclosure has no standing