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Bar News - February 21, 2003


More Trouble for Kamasinski
 

A WEEK AFTER the court order in the unauthorized practice of law litigation, Kamasinski was the subject of another court order - this time ordering him to repay a debt of more than $443,000 the court said he owed to Walter and JoAnn Foster of Jaffrey.

The Fosters, who had been listed by Kamasinski as clients he had recently represented, had sued Kamasinski to enforce payment of a sum agreed to in a confidential settlement signed in May. In an order issued Feb. 5, 2003, Merrimack County Superior Court Judge Kathleen McGuire said Kamasinski had agreed to pay the money, which the Fosters said they lent to him to buy his home in Bow, but had since reneged.

"He paid nothing and continues to live in the house rent- and tax-free. It is evident that Mr. Kamasinski is attempting to thwart the settlement agreement and continue a situation very advantageous to him," the judge wrote in the order.

In a countersuit, Kamasinski acknowledged that he did owe the Fosters the money, but claimed he was owed a setoff of a nearly equal amount in legal services. Kamasinski said he would not pay the money owed to the Fosters because he alleged that the assets of the Fosters' business had been misrepresented and that he would not be able to recover what he was owed. The judge said Kamasinski's argument was "illogical" and questioned its "sincerity."

The court ordered enforcement of the settlement agreement, including the payment of the amount owed, and ordered Kamasinski to pay for taxes and insurance for the home in Bow, as well as any attorneys' fees incurred in enforcing the settlement agreement.

 

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