Questions tagged [massachusetts]

For questions relating specifically to Massachusetts law.

Filter by
Sorted by
Tagged with
5
votes
2answers
633 views

paying debt collector's invalid rent claim, then suing landlord for money back [closed]

TLDR: terminated lease after continued upstairs noise, landlord sent debt collector, trying to decide if should pay debt collector and sue landlord for money back. We had been renting an apartment in ...
1
vote
1answer
51 views

Increased speed limit and decreased speed limit signs located ~1/3 mile apart on opposite side of road. When is it legal to increase speed?

Sorry for the confusing title, this is kind of hard to describe. I just moved to western MA. In my new town, there is this road where on one side, the speed limit goes from 40 to 30, but on the other ...
1
vote
1answer
97 views

Should I be worried about an illegal statement from my landlord?

In a letter I received when moving into a new apartment (which mostly covered standard move-in logistics) my landlord wrote that there would be a late fee imposed if rent was received more than 5 ...
3
votes
2answers
90 views

How does the prohibition on late rent fees work in MA?

In Massachusetts, USA, a landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if ...
2
votes
1answer
107 views

Does this lease clause provide a one sided exit for the landlord?

In the Greater Boston Real Estate Board Standard Lease Form, Section 8, it says In the event the Lessor is not able through no fault of his own to deliver the leased premises to the Lessee at the ...
1
vote
2answers
103 views

Does a property owner with beach frontage need to post the beach for it to be considered trespassing to walk across the property?

In MA, is it legal to cross someone's property on the ocean beach if the beach is not developed and is not posted?
5
votes
4answers
955 views

Force neighbor to resolve property line encroachment before selling house

My neighbor built a fence that crosses our property line. I had a surveyor come mark the boundary to be sure. (It has only been a few years so no adverse possession possibilities.) This neighbor is ...
1
vote
1answer
98 views

What to do about neighbor's dangerous retaining wall

Several years ago, a neighbor built a retaining wall on the property line. It is a really cheap retaining wall and made from wood. The wood is now rotten and the wall is falling apart. Worse, cars ...
1
vote
0answers
35 views

Are police reports public records?

Are police reports public records? For example, if I know about a crime, either through first hand knowledge or a news article, and I request in writing the police report on the crime, do I have a ...
3
votes
1answer
112 views

Plausibility of US Suit over Ownership of Photos of Slaves

Background As reported in this Washington Post news article and many similar articles in other major news organs, a lawsuit has very recently been filed against Harvard University and various ...
0
votes
0answers
23 views

If a medical provider refers a patient to another medical provider/business, do they have to disclose any financial interest they may have?

If a medical provider refers a patient to another medical provider or medical business (e.g., an imaging lab), do they have to disclose to the patient any financial interest they may have in the ...
3
votes
2answers
138 views

Is it legal to record audio using a phone if the phone has been stolen?

I am thinking of creating a business wherein I use specialized software on a client's phone that can be leveraged in the event that the phone in question gets stolen or the owner kidnapped. The ...
2
votes
1answer
102 views

In Massachusetts, does my church need a permit in order to sacrifice animals?

I know a while back ago, the Supreme court decided that it is unconstitutional for states to make animal sacrifice illegal. Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993), ...
2
votes
1answer
63 views

Can a minor file for a Business Certificate in Massachusetts?

I am a minor living in the state of Massachusetts and I am interested in getting a "doing business as" / Business certificate. I am already doing business in my town (online sales), however, I wanted ...
1
vote
1answer
66 views

In Massachusetts Can I Record Calls to and From Business?

I live in Rhode Island, we are a one party state. I have a small service business. For both of our security i like to record the call in case of further issue in the future. Rhode Island is a one ...
2
votes
1answer
614 views

Is it required by law to have a prescription to get an MRI scan in the United States?

Is it required by law to have a prescription to get an MRI scan in the United States? If state specific, I'm interested in California and Massachusetts. I'm reading conflicting, unsupported ...
1
vote
1answer
46 views

Provisions on lease contract not fulfilled [closed]

I just wanted to get a second opinion on a part of my lease since I'd rather it not come back to bite me. Basically, I moved in May (set next renew date to September this year). When I looked at the ...
0
votes
0answers
27 views

Deferred Operator, Borrowing Vehicle, Bodily Injury Coverage

Regarding bodily injury vehicle insurance (not collision), and in the case where a household member, John Smith, whose car insurance agency, for various reasons, marks another household member, Jane ...
0
votes
1answer
115 views

Is there statutory interest on an unpaid debt, or can I only recover the principal?

I made a no-interest short term loan to a family member and have documentation of the debt, and he did not pay me back in the stipulated time frame. If I take legal means to recover the money owed, ...
1
vote
2answers
128 views

Is it a violation of due process for a public committee to have no regular rules of order?

Many committees operate by Robert's Rules of Order, but there are others that have no fixed rules and I have observed public committees in some cases acting arbitrarily. Is it a violation of due ...
5
votes
1answer
279 views

How do I authenticate that a warrant and its bearers are authentic?

Questions... How can I tell if the warrant is authentic and authorized by an authentic court? How can I identify that the persons approaching me with the warrant are indeed authorized law enforcement ...
3
votes
3answers
353 views

Can I claim unemployment benefits if I already have a new job lined up?

Imagine that I live and work in Massachusetts. I am being laid off by the end of the year. I already have a new job but it won't start until a few months after the end of my current employment. I know ...
2
votes
0answers
113 views

Where does the money from speeding tickets go in Massachusetts?

I have noticed a significant drop in both local speed traps and predatory cruising by state police in Massachusetts. At a number of well-known speed trap locations I have not seen a car in many years. ...
0
votes
1answer
34 views

What states allow victims to a writ of mandmanus when the DA adopts a position of nolle prosequi?

In the case of felonies which a DA has, for one reason or another, refused to prosecute, what states allow the victim to petition a judge for a writ of mandamus to force the prosecution? I know West ...
1
vote
1answer
282 views

No law against false imprisonment in Massachusetts?

A couple of weeks ago a cab driver refused to let me out of his cab. In the aftermath of that incident, I went to look up the laws in Massachusetts on false imprisonment and could not find any law ...
0
votes
1answer
41 views

Legal definition of “enclosed”

What exactly does “enclosed” land means under the Massachusetts trespassing law? Does it mean land with defined boundarys such as old New England rock walls.
4
votes
3answers
479 views

Under what conditions can a cop arrest someone?

I know in the old days, a person could only be arrested if they were actually observed in the commission of a crime. If someone accused someone else of a crime, they could not be arrested, but only ...
3
votes
3answers
407 views

How do I “prove” I am not a Massachusetts resident for state tax purposes?

I am in the process of moving out of Massachusetts. According to my reading of the Massachusetts's DOR's "guidance," I have to "prove" I am not domiciled in Massachusetts if I want to not be taxed by ...
2
votes
3answers
203 views

Can I prevent co-owners of my house from making modifications without my consent?

I live in the US (Massachusetts) and I jointly own a house, along with my wife and her parents (who live with us). I have noticed a frustrating trend recently with the other co-owners making repairs/...
4
votes
1answer
304 views

Are plain clothes police officers allowed to use force to make an arrest?

Disclaimer: I'm not related to this case in any way shape or form, I'm just a citizen trying to look at this without bias. Recently there was an issue in Massachusettes where a group of skaters were ...
1
vote
1answer
262 views

How can a person get copies of search warrants?

How are search warrants filed in Massachusetts? I assume they are public records. Are they filed at the county level? So, a person wanting to see who was getting searched in his neighborhood would go ...
4
votes
1answer
750 views

Can I legally “kick my kids out the door as soon as they are 18 years old”?

The threat my dad always used on me was, "get a job, or get out as soon as you're 18". I'm a dad now. I have one "child" who is 37 years old who doesn't work, and who I'd like to kick out, and ...
3
votes
3answers
230 views

Public Trespass

The Town Adminstrator of my town has issued a NO TRESPASS order on me personally. I'm a Private Citizen with no history criminal past. The No Trespass order is telling to stay off of Senior Center ...
3
votes
5answers
641 views

Can you record a public school official with or without their consent?

Some states such as Massachusetts have 2 party consent laws which restrict secret recordings by only one party, therefore, you have to ask public school officials if they consent to being recorded. ...
1
vote
1answer
101 views

Why is it illegal to annoy someone via electronic communication in Massachusetts?

According to Massachusetts State General Law, Chapter 269, Section 14A, it is illegal to send repeated communications to someone with the intent to annoy the person, punishable be 3 months in a ...
-1
votes
1answer
73 views

Citation when trying to go to the mechanic to fix the flat tire

I was in Massachusetts and had flat tires and was going to the mechanic to fix them. The police gave me a citation for "negligent operation of vehicles". I would appreciate your advice whether it is ...
0
votes
1answer
57 views

Redacted emails from public records request

Recently I did a Massachusetts Public Records request on a public school district for an employees email to and from a domain (ex: all emails from example.com and to example.com). For convenience, I ...
2
votes
1answer
149 views

Is a security guard at an IRS office legally allowed to demand to see my cell phone?

This is sort of related to this other question but in this case it is about a cell phone and about entering a government (IRS) office. I visited an IRS field office in Worcester (Massachusetts, USA) ...
2
votes
2answers
116 views

Stopping never-ending emails from abusive ex?

Background There was an individual I was involved with approximately four years ago. The relationship was unwanted and abusive from the start. It was difficult getting out of and recovering from the ...
1
vote
2answers
64 views

How can I make sure that a house is clear of workmen's liens?

Is there a legal process I can undertake (like advertising in the paper) to clear any workmen's liens on a house that I am planning to buy? In other words, the situation I am trying to avoid is ...
0
votes
0answers
30 views

How to confer residency rights without tenancy?

I am buying a large house which has an existing owner who is a very old man and I would like to give him the right to continue to live in the house, but not have the same rights as a tenant (exclusive ...
1
vote
3answers
185 views

Is it criminal to take evasive actions to avoid paying a civil judgment?

If a lawsuit goes against the defendant and a judgment is rendered against the defendant, is it a criminal act for the defendant to then start hiding their assets or taking deliberate steps to evade ...
1
vote
2answers
57 views

Legal standards for seizing a house to satisfy a civil judgement

I know that for relatively small amounts of money a civil lien will just sit on a house and there is nothing else the lienholder can do. However, at some point of value, it must be possible to sieze ...
1
vote
1answer
73 views

What makes a document translation “court certified” in Massachusetts?

I have an agreement document which I need to translate into English, to be accepted as an exhibit in Massachusetts court. Looking around for certified translation services, there seem to be many that ...
0
votes
1answer
212 views

Do judges in Massachusetts always have original jurisdiction even in “trials by jury”?

How exactly does the law work with regards to the powers and privileges of juries. For example, in Massachusetts the law (General Laws Part III Title I Chapter 214) reads: The supreme judicial ...
1
vote
1answer
621 views

Is it legal to record a conversation in Massachusetts?

If you are physically present in a room where conversation takes place, is it legal to digitally record the conversation? Please refer to the following cases: When you are an active party When you ...
1
vote
2answers
231 views

What gives the right to public schools to confiscate your phone?

I've seen a few questions like this one on this site, however, I have not been able to find a credible source dictating what gives schools the power to confiscate a device? Let me give an example: ...
0
votes
1answer
157 views

Michelle Carter the person who urged a man to commit suicide sentenced to 2.5 years in prison. Is this constitutional?

Earlier this year Michelle Carter was arrested and charged with involuntary manslaughter because she urged her a guy to commit suicide. The guy was already suicidal but actually told Michelle that he ...
1
vote
2answers
95 views

Is a profit à prendre identical to “mineral rights”, or is there some difference?

Is a profit à prendre identical to "mineral rights", or is there some difference? My impression is that "mineral rights" is just a slang term for what is called profit à prendre in formal law, but I ...
-2
votes
2answers
1k views

Is there any way I could sue ezpass?

Is there any way I could sue ezpass? For no reason ez pass MA did not charge my credit card claiming it does not work and send me invoice plus late fees!