About Doug Stoddart

This author has not yet filled in any details.
So far Doug Stoddart has created 28 blog entries.

How to File a Complaint for Declaratory Judgment

You can file a suit for Declaratory Judgment (only in Superior Court) when you are a party to a contract where an actual controversy has arisen, and is current, and ripe, and where the contract has added and/or omitted some material and substantial issue that persists and which cannot be remedied in law, but only [...]

By |2021-07-13T11:48:36-04:00July 13th, 2021|Uncategorized|Comments Off on How to File a Complaint for Declaratory Judgment

Landlord / Tenant Evictions: Notices to Quit

Landlords should make sure that they are aware that there are two different types of notices to quit in Massachusetts: Notice to quit for non-payment of rent Notice to quit for a violation of the lease other than non-payment of rent or for notice that the lease will not be extended further Failure to use [...]

By |2021-05-16T12:24:27-04:00May 6th, 2021|Uncategorized|Comments Off on Landlord / Tenant Evictions: Notices to Quit

Mediation Tips for Litigants with Cases In Supreme Court

Supreme Court judges like to see parties make an effort to settle their cases. Most mediators are voluntary and non-binding but parties may commit to binding arbitration, with or without ceiling/floor targets. Mediators usually charge around $700.00 per party for four hours of mediation. If you decide to participate, prepare your case like you were [...]

By |2021-05-16T12:19:25-04:00February 1st, 2021|Uncategorized|Comments Off on Mediation Tips for Litigants with Cases In Supreme Court

Injury caused by a dog

If another person's dog's conduct caused you to suffer physical injury, Massachusetts has a statute, MGL Ch. 140, s. 155, which creates automatic liability on the part of that dog's owner, unless you were committing either a trespass or some other tort, like teasing or tormenting the dog at the time of the injury. A [...]

By |2021-05-16T12:16:55-04:00March 22nd, 2019|Uncategorized|Comments Off on Injury caused by a dog

There is a way to keep out prior OUI convictions from other states

If you are charged with an OUI in Massachusetts and because you have a prior plea or conviction in another state, thereby increasing the severity of the punishment of the crime, there are at least five legal problems for a prosecutor before any such prior disposition can be admitted into evidence. If you find yourself [...]

By |2021-05-16T12:02:24-04:00September 18th, 2018|Uncategorized|Comments Off on There is a way to keep out prior OUI convictions from other states

Harassment orders ; how to defend against them

MGL Ch. 258E requires three or more acts of willful and malicious conduct aimed at a specific person. There has to be an intent to cause fear, intimidation, abuse or damage to property. Actions that are merely abusive in the disruptive sense are not enough. FWT v. FT, 93 Mass. App. Ct. 376 (2018). "Boorish [...]

By |2021-05-16T11:56:53-04:00August 28th, 2018|Uncategorized|Comments Off on Harassment orders ; how to defend against them

Watch out for mistaken contacts in 209A orders

If you have a 209A restraining order against you and you then, by mistake, send that person an electronic message or you run into that person in a store, be ready for that person to call the police, even though the contact was not intended. This statute is not a "strict liability" statute ; in [...]

By |2021-05-16T11:53:52-04:00July 6th, 2018|Uncategorized|Comments Off on Watch out for mistaken contacts in 209A orders

Pitfalls in suing a town, city or the State

If you intend to sue a town, city or the State, you should familiarize yourself with the Massachusetts Tort Claims Act MGL Ch. 258. First of all, your statute of limitations is short, two years. Then , before you can file suit, you must give notice to the town, city or State of the nature [...]

By |2021-05-16T12:25:19-04:00April 30th, 2018|Uncategorized|Comments Off on Pitfalls in suing a town, city or the State

How to revive an older judgment

First of all, if you intend to do work for a corporation or an LLC, and you're worried about whether or not they have the financial resources to pay you, try your best to have an individual officer or trustee sign sign the contract as an individual, rather than as an officer or trustee. Assuming [...]

By |2021-05-16T11:43:32-04:00April 26th, 2018|Uncategorized|Comments Off on How to revive an older judgment

0ui with loaded firearm in vehicle

If you are ever stopped in your vehicle by the police for suspicion of being under the influence of alcohol or drugs, and you have a loaded firearm in your possession or control, you may be charged with a separate and more serious crime under MGL Ch. 269 Sec. 10 H. That crime carries a$5,000 [...]

By |2021-05-16T11:40:24-04:00May 8th, 2017|Uncategorized|Comments Off on 0ui with loaded firearm in vehicle
Go to Top