Common questions,plain answers.Massachusetts law questions, answered by attorney Vy Truong

Consultations are by appointment only. A consultation fee applies, and it is credited toward your legal fees if you hire the firm.

It depends on your situation. Some questions take a short conversation, others need more time.

No. Please book an appointment first: the office sees clients by appointment only, with no walk-ins. Call (617) 265-1767 or send a message to book a time.

Monday to Friday, 9 AM to 6 PM. Closed Saturday and Sunday. Messages sent after hours are answered the next business day. We reply within one business day.

Yes. The office answers calls in English and Vietnamese, and Vy Truong speaks both. You can also write to the office in either language.

Yes. Vy H. Truong’s office is at 985 Dorchester Avenue, Dorchester, MA 02125. He speaks Vietnamese and English, so you can explain your situation in the language you are most comfortable in, with no interpreter. Call (617) 265-1767 to book an appointment.

You do not need an interpreter, because Vy Truong speaks Vietnamese. If you would like someone with you, tell the office when you book. What you tell a lawyer to get legal help is confidential, and having another person in the room can sometimes affect that, so he will explain how it works before you begin.

Yes. What you tell a lawyer in order to get legal advice is confidential, with only narrow exceptions. You can ask your questions before you decide anything. This website gives general information, not legal advice.

Keep every paper you have received. Do not sign anything you do not understand, and do not miss a date on a notice or a court paper. Then call (617) 265-1767 to book an appointment. If anyone is in danger, call 911.

At 985 Dorchester Avenue, Dorchester, MA 02125. There is street parking nearby. Call (617) 265-1767 to set up a time to meet.

Yes. He works with clients across Massachusetts, including Boston, Quincy, and the towns around them.

Any papers about your situation, such as letters, notices, court papers, contracts, or insurance documents, and a photo ID. If you are not sure whether something matters, bring it.

It depends on the kind of case. He explains how his fee works before he starts.

We accept check, cash, Zelle or bank transfer, and installment plans. We do not accept credit cards.

The state filing fee is $500, and the LLC then files an annual report for $500 each year. His fee for setting it up is separate, and he explains it at your consultation.

Source: Mass.gov: starting an LLC in Massachusetts · as of November 2026

Yes. You file a business certificate, often called a DBA, with the clerk of the city or town where the business is. It is good for four years and can be renewed.

Source: G.L. c. 110, § 5 (business certificates) · as of November 2026

You can open one without a lawyer, but a few papers are worth getting right: the form of the business (such as an LLC), the lease, and any agreement with a partner. Vy Truong helps owners start, buy, run, and close businesses, in English or Vietnamese.

Read how long the lease lasts and how it ends, how much the rent can go up, who pays for repairs and taxes, and whether you are personally responsible if the business closes. Do not sign until you understand each part. Vy Truong can read a commercial lease with you before you sign.

For most small businesses with one or a few owners, an LLC is the simpler choice: less paperwork, flexible taxes, and protection for your personal assets when it is set up and run correctly. A corporation can make more sense if you plan to bring in investors. Ask your accountant about the tax side too.

It is a good idea. A written agreement sets out who owns what, who decides what, and what happens if someone wants to leave. It can prevent the most common disputes.

Its debts, lease, licenses, contracts, and any lawsuits or unpaid taxes. A lawyer can help make sure you are not taking on problems you did not agree to.

Many businesses need a city or state license or permit, such as a business certificate from the town clerk, a food or health permit, or a professional license. Which ones depends on the business and the city.

Social Security is mostly protected, and only part of your pay can be taken. Banks must keep up to two months of direct-deposited benefits available to you. In Massachusetts you keep the greater of 85 percent of your gross wages or 50 times the minimum wage each week ($750 at today’s $15 minimum), so at most 15 percent, and nothing if you earn $750 a week or less. Child support and some government debts are different. If you were served with a lawsuit, answering on time matters more than any of this.

What to do if you were served with a lawsuit →

Sources: Mass.gov: small claims payment orders (exempt income); G.L. c. 246, § 28; 42 U.S.C. § 407 (Social Security Act § 207); 31 C.F.R. Part 212; Mass. R. Civ. P. 12 and 55; Mass Legal Help: if a creditor takes you to court · as of November 2026

Not right away, and not unless a judge orders it. A landlord cannot lock you out or throw you out without a court order. First comes a written notice to quit: 14 days for unpaid rent, 30 days for most other reasons. It is only the first step. If the landlord goes to court, a constable or sheriff delivers a summons and complaint, and you can file an answer and defend yourself. Only a court order can force you to move, and the officer must warn you in writing first. A landlord who locks you out can be made to pay damages. Do not ignore court papers. When you meet a lawyer, bring the notice, your lease, and your rent receipts.

Sources: Mass.gov: tenants’ guide to eviction; G.L. c. 186, § 14 · as of November 2026

Often only about 20 days from the day you were served, and some cases move faster. The deadline depends on the court and the kind of case, so check the papers right away.

Source: Mass. R. Civ. P. 12 (answer deadline) · as of November 2026

Within 30 days after your tenancy ends, and the landlord may keep only what the law allows: unpaid rent, certain unpaid tax increases you agreed to pay, and a reasonable amount to repair damage you caused, not normal wear and tear. Any deductions must come with a written, itemized list in that same time. If you think the deposit was kept unfairly, keep your lease, receipts, and photos, and book an appointment.

Source: G.L. c. 186, § 15B (security deposits) · as of November 2026

Smaller cases, where the likely recovery is no more than $50,000, usually go to the District Court or, in Boston, the Boston Municipal Court. Larger ones go to the Superior Court. Housing cases, such as evictions, usually go to the Housing Court. The right court also depends on the type of case, so he checks that before he files.

Sources: Mass.gov: jurisdiction of the District Court; G.L. c. 218, § 19 (District Court civil cases) · as of November 2026

A letter to the other side that says what happened, what you want, and what happens if they do not respond. For consumer claims against a business, Massachusetts requires one, sent at least 30 days before you can sue. It does not apply to every kind of dispute.

Source: G.L. c. 93A, § 9 (demand letter) · as of November 2026

No. A landlord may not lock you out or remove you without a court order, and may not willfully cut off your heat, water, electricity, or gas. If it happens, you may be able to recover your actual damages or three months’ rent, whichever is greater (G.L. c. 186, § 14). Write down what happened, take photos, and call a lawyer.

A criminal case is brought by the state and can lead to jail or fines. A civil case is between people or businesses, and usually asks for money or a court order.

Yes. Many civil cases settle through negotiation or mediation. He explains the risks and costs of each path so you can decide.

Yes. Massachusetts small claims court handles smaller money disputes, and you can file on your own. A lawyer can still help you decide whether small claims is the right place for your case.

Often yes, for a time. The RMV and the court act separately. The RMV suspends your license for 180 days if you refused the breath test (age 21 or older, no earlier OUI), or up to 30 days if you took it and registered 0.08 or higher. The court case then decides more: a first-offense conviction means one year, with a work or school license possible after three months. A first offender may instead be offered the 24D program (alcohol education and probation), with a 45 to 90 day suspension. Age and past record change these numbers. When you meet a lawyer, bring everything the police gave you. To contest a test refusal at the RMV, you have 15 days.

Sources: Mass.gov RMV: alcohol and drug suspensions; G.L. c. 90, § 24; G.L. c. 90, § 24D · as of November 2026

A way many Massachusetts cases end. You admit there are enough facts for a finding, the case is continued for a period with conditions, and if you complete them it is dismissed. It is not a conviction under state law, but federal immigration law can treat it as one, so the choice needs care, ideally with an immigration lawyer’s review.

Source: 8 U.S.C. § 1101(a)(48)(A) (definition of “conviction”) · as of November 2026

If your first date is an arraignment, it is usually short. The charge is read, a plea is entered, and the court sets your next date. It helps to have a lawyer with you.

Do not talk about the case with the police or anyone else, and write down what you remember: where you were, what you drank and when, and what the officers said. Keep every paper you were given. An OUI can affect your license as well as your court case, so ask about both at your first appointment.

No. You have the right to stay silent and to talk with a lawyer before you answer. You can say, “I want to speak with a lawyer,” and then stop talking. Be polite, do not lie, and do not try to explain yourself.

Yes, it can. Some convictions, and some guilty pleas, can lead to deportation or block a green card or citizenship. Tell your lawyer about your immigration status at the start, so your defense can take it into account.

It depends on the charge and how the case ends. Massachusetts law lets some records be sealed later. He can tell you what may apply to your case.

Even a small charge can affect a job, housing, a license, or immigration status. A short conversation with a lawyer shows you what is at stake before your court date.

In Massachusetts, when someone is accused of certain crimes but not arrested, a clerk-magistrate may hold a hearing first to decide whether a criminal charge should be issued at all. A lawyer there can matter, because the case can sometimes end before a charge is filed.

Call a lawyer right away. The court may have issued a warrant, and going back on your own, with a lawyer, is better than being picked up on it.

Divorce or separation is not, by itself, a reason to lose your children. Massachusetts law treats both parents’ rights as equal, absent misconduct, and decides custody by the children’s happiness and welfare. When a divorce case starts, both parents usually share temporary legal custody (the big decisions), unless there is an emergency, abuse, or neglect. Where the children live day to day (physical custody) depends on the facts, with no automatic winner. Courts must weigh evidence of abuse toward a parent or child. If you were never married, the parent who gave birth has custody until a court orders otherwise. When you meet a lawyer, bring any court papers you have.

Sources: G.L. c. 208, § 31; G.L. c. 208, § 31A; G.L. c. 209C, § 10 · as of November 2026

It depends on the type of divorce. A joint (“1A”) divorce is not final until 120 days from the date of the judgment. A “1B” no-fault divorce or a fault divorce is not final until 90 days from the date of the hearing, if a judgment is entered. You cannot remarry until it is final. A contested divorce can take much longer.

Sources: G.L. c. 208, § 21 (judgment nisi); Mass.gov: finalizing a divorce · as of November 2026

The law does not require one, and you can file on your own. A lawyer helps most when you disagree about children, money, or a house, or when you do not understand the papers. You can also meet with a lawyer once, just to learn what to expect. Vy Truong explains your options in Vietnamese or English before you decide.

Often, yes, but the details matter. The court needs a way to notify your spouse, even overseas, and a connection to Massachusetts, such as where you live. The rules depend on where you and your spouse have lived, so talk with a lawyer before you file anything.

Usually at least once. In an agreed divorce there is often one short hearing to approve the agreement. Contested cases have more court dates.

Yes. Once paternity is established, a parent can ask the court for child support, and for custody and parenting time, whether or not the parents were married.

Legal custody is the right to make major decisions about the child: school, medical care, religion. Physical custody is where the child lives day to day. Parents can share both, or one parent can have one or both.

By the Massachusetts Child Support Guidelines, a formula based mainly on both parents’ incomes, the number of children, and how much time the children spend with each parent. He can run the numbers with you.

Yes, if your son is unmarried, at any age. His age sets the category: under 21 is F2A, and 21 or older is F2B. Both have a limited number of visas, so there is a wait: check the current Visa Bulletin. If he marries, he stops qualifying, and USCIS revokes an approved petition automatically; it does not come back after a divorce. If you become a U.S. citizen, his case moves to another category: no wait for a visa number if he is under 21 and unmarried, or F1 if he is older. You also sign Form I-864, a legal promise to support him financially. When you meet a lawyer, bring your green card and his birth certificate.

Sources: USCIS: family of green card holders; USCIS: family preference categories; USCIS: Child Status Protection Act; USCIS Policy Manual, Vol. 6, Part B, Ch. 5; USCIS: Form I-864; State Department: Visa Bulletin · as of November 2026

It depends on how you qualify and where you file. The husband, wife, parent, or unmarried child under 21 of a U.S. citizen does not wait for a visa number, but USCIS still needs time to review the case, and that time changes from year to year. Other relatives can wait for years. USCIS posts its current processing times online. Vy Truong reviews your case first, so you know which path you are on before you file.

Source: USCIS: green card for immediate relatives of a U.S. citizen · as of November 2026

A U.S. citizen or green card holder can file a petition (Form I-130) for a husband or wife. A citizen’s spouse has no wait for a visa number. The spouse of a green card holder may have to wait. The petition has to prove the marriage is real, so the papers you file matter. Vy Truong prepares the petition and the proof, and explains each step in Vietnamese or English.

Source: USCIS: green card for immediate relatives of a U.S. citizen · as of November 2026

It depends on the relationship and the country. Spouses, parents, and unmarried children under 21 of U.S. citizens usually wait the least. Other family categories can take years.

Source: USCIS: green card for immediate relatives of a U.S. citizen · as of November 2026

Yes, but long trips can cause problems. An absence of more than six months can break the continuous residence you need for citizenship, and a long one can raise questions about whether the U.S. is still your home. If you will be away for a year or more, apply for a reentry permit before you leave.

Source: USCIS: international travel as a permanent resident · as of November 2026

It can happen. A green card holder can be put in deportation (removal) proceedings, for example after certain criminal convictions or immigration violations. Having a green card does not take away your right to a hearing before an immigration judge. If you get a notice from ICE or an immigration court, do not ignore it. Keep every paper and talk with a lawyer right away.

You have the right to stay quiet and to talk with a lawyer before you answer questions or sign anything. Keep every paper they give you.

Sometimes. It depends on the offense, when it happened, and what the court did. Some records can block citizenship or even create a risk of deportation, so have a lawyer review your record before you apply.

You can apply on your own. What a lawyer adds is a careful review before you file. An old arrest, a long trip abroad, or a gap in your papers can cause a denial, and some problems, found after filing, can put your status at risk.

No. In the United States, a notary public cannot give legal advice. Only a licensed attorney, or a representative accredited by the Department of Justice, can represent you in an immigration case.

Usually three years from the day you were hurt, but some claims have much shorter clocks. A lawsuit for most injuries must be filed within three years. If a city, town, or state agency is responsible, you must first present a written claim to it within two years. For a defect in a public way, or an injury from snow or ice, written notice is usually due within 30 days. Waiting can cost you the claim, and evidence fades. When you meet a lawyer, bring photos, reports, and bills.

Sources: G.L. c. 260, § 2A; G.L. c. 258, § 4; G.L. c. 84, §§ 18 and 21 · as of November 2026

After a car accident, PIP on your own car insurance usually pays first, whoever was at fault. It covers medical expenses, up to 75 percent of lost wages and replacement services, up to a limit of $8,000. If MassHealth paid anything, it has a right to be repaid from your settlement or judgment, and the law requires written notice to MassHealth within 10 days of making a claim or sending a demand. So tell your lawyer at the start if you have MassHealth. He explains how his fee works before he starts. When you meet a lawyer, bring your insurance cards and every bill.

Sources: Mass.gov: basics of auto insurance (PIP); G.L. c. 118E, § 22 · as of November 2026

Get medical care first, even if you feel fine. Call the police, take photos, and get the other driver’s name, insurance, and plate number. If anyone was hurt or killed, or the damage to any vehicle or property is more than $1,000, the driver must send a written crash report to the RMV within five days (G.L. c. 90, § 26). Keep every bill and letter, and talk with a lawyer before you give a recorded statement or sign anything.

Source: G.L. c. 90, § 26 (accident reports) · as of November 2026

You can usually still recover if your share of the fault was not greater than the other side’s, but your award is reduced by your share of the fault. If your share was greater, you usually cannot recover.

Source: G.L. c. 231, § 85 (shared fault) · as of November 2026

You do not have to give them a recorded statement, and you should not sign anything or accept an offer before you know what your claim is worth. Your own policy usually requires you to report the accident to your own insurance company promptly. A lawyer can deal with the other side’s insurance company for you.

Not before you understand your injuries and your costs. Once you accept an offer and sign a release, you usually cannot ask for more later.

Not something anyone can say at the first meeting, and be careful of anyone who promises a number. It depends on your injuries, your treatment, who was at fault, and the insurance available.

If no one was hurt, often not; a property damage claim is usually straightforward. If you were hurt, even a little, talk with a lawyer before you sign anything. Some injuries show up days later.

The deed, proof that the local fire department has inspected the smoke and carbon monoxide alarms, a Title 5 inspection report if there is a septic system, and the keys. He prepares the deed and checks the rest.

Sources: G.L. c. 148, § 26F½ (smoke and CO alarms on sale); Mass.gov: buying or selling property with a septic system · as of November 2026

It is the usual way here, and lenders generally expect one. A lawyer reads the purchase and sale agreement before you sign, checks the title, and handles the closing. Once you sign, it is hard to change what you agreed to.

Yes. Massachusetts does not require a green card to own a home. The loan and the paperwork may be different, but you can plan for both ahead of time.

The bank’s closing attorney mainly protects the bank. Your own lawyer looks out for you, reviews the agreement, and answers your questions before you sign.

It is the main contract for the sale, signed after the offer. It sets the price, the deadlines, and what happens if something goes wrong, such as the loan not coming through.

The final papers are signed, the money is paid, and the deed is recorded at the county Registry of Deeds. Then the property is officially yours.

A one-time policy that protects against claims on the property that the title search did not find, such as an old lien or a mistake in a past deed. Lenders usually require their own policy. An owner’s policy protects you, and he can explain whether it makes sense for your purchase.