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Questions Answered by Mark Oakley
1 Answer | Asked in Consumer Law for Maryland on
Q: in maryland, what starts the statute of limitations for debt collectors and what type of actions restart the clock?

I cannot find any state law on this information

Mark Oakley
Mark Oakley answered on Jun 11, 2021

The general SOL for a consumer debt in Maryland is 3 years from the later of (1) the date the last payment on the account balance came due and you failed to pay it, or (2) the date of the last payment you made on the account. In scenario #2, it is not uncommon for debtors to make a late payment,... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my soon to be ex wife claim back child support

We separated 8 years ago we came to the agreement that I can see my daughter every other weekend or as much as I asked and I would give her $500 a month I sometimes gave cash , money orders , and recently online payments to her account she is saying she is going to put me on child support and claim... Read more »

Mark Oakley
Mark Oakley answered on Jun 10, 2021

She can get child support accounting from the date she files a petition for custody and support in court, so at any hearing the judge can award support going back to the date she filed. If there is a written agreement, or she can cobble together enough proof of an agreement, that you were to pay... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Maryland child support, can my wife put me on child support even if we are legally married
Mark Oakley
Mark Oakley answered on Jun 10, 2021

If you are living separate and apart, and she has primary residential custody, yes.

2 Answers | Asked in Real Estate Law for Maryland on
Q: My Mom had a jointly owned house when she passed away. Can anything be done to prevent the sale
Mark Oakley
Mark Oakley answered on Jun 10, 2021

What sale? By whom? By the surviving joint owner? By the personal representative of the estate? Was ownership titled as tenants in common, tenants by the entirety, or joint tenants with right of survivorship? How the deed is titled determines whether your mother's estate has any interest... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: how do I get an insurance company to offer more for bodily injury
Mark Oakley
Mark Oakley answered on Jun 8, 2021

Many things come to mind, all pure speculation of course since you provide zero factual basis to support an answer, but I would start with hiring a lawyer if the case has any merit, since insurance adjusters give little weight to self-represented claimants and are likely to low-ball you.... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If a waiver of Rights form was filled by the lawyer and not defendant and not filled out entirely is still valid
Mark Oakley
Mark Oakley answered on Jun 5, 2021

What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If someone is looking for habeas corpus relief, but the state Court can not produce their plea bargain what can they do

Also if the courts can't produce the transcripts are there any grounds for dismissal? What if that case is only 2 years old? Is there any cases I can read up on about this?

Mark Oakley
Mark Oakley answered on Jun 5, 2021

Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,... Read more »

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: My mother died intestate in 2002. She left a home in KC, Missouri in poor condition that has been demolished by the city

I paid the mortgage and taxes on the property the last few years before her death. I paid off the mortgage months after her death and have continued to pay the annual property taxes on the now vacant land. I would like to put the property in my name so that I can sell it. I have 2 siblings that I... Read more »

Mark Oakley
Mark Oakley answered on Jun 3, 2021

You need to open an estate for your mother, in the jurisdiction she resided in at the time of her death. If that was in the same jurisdiction as the now vacant land, do it there. Once you are appointed executor or personal representative of the estate, you can then sell the property without... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: my wife is retired navy and disabled. I have full custody of my daughter. Can I get child support

She is taking expensive vacation's and putting it in my face

Mark Oakley
Mark Oakley answered on Jun 2, 2021

Both parents have a legal obligation to support their minor children. The amount of support is based on combined monthly income of both parents, and the amount of gross support determined by the Child Support Guidelines. The parents are expected to pay the share of the gross support in proportion... Read more »

2 Answers | Asked in Wrongful Death for Maryland on
Q: I'm personal Rep. of my Dads Estate, does his wrongful-death award have to go to the Maryland court for disbursement?

I was told some states require wrongful death awards to go through their court to disburse funds to the beneficiaries, over-riding the terms in the deseased's will.

Mark Oakley
Mark Oakley answered on Jun 2, 2021

Was your deceased father the plaintiff in a wrongful death action for the loss of another family member? If so, then his share of any recovery belongs to the estate, and it gets disbursed as part of the estate assets. If the basis of the award is in fact your father's death in an accident,... Read more »

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1 Answer | Asked in Child Support and Family Law for Maryland on
Q: Can Maine collect child support when x wife is dead and youngest child is 37 years old

Been paying for over 20 years and she or children have received nothing not only that the children lived with me in Md I have school records. I have been labeled a dead beat dad and driver's license suspended forover25 years

Mark Oakley
Mark Oakley answered on May 31, 2021

The assumption based on the limited facts provided is that there was an order for child support issued in Maine at some point if time, and you did not pay. Eventually arrears accumulated and the amount owed was reduced to a monetary judgment. That judgment has likely been earning interest from... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland does task force have get permission from property owner to serve search warrant that is issued to a tenant?
Mark Oakley
Mark Oakley answered on May 31, 2021

Search warrants are directed at locations, an address, a premises. It does not matter who owns or is in possession of the premises, and permission and notice to anyone is never required. So long as the warrant is issued based on probable cause to believe evidence of a crime can be found at the... Read more »

1 Answer | Asked in Estate Planning for Maryland on
Q: Does my nephew pay 10% tax in Maryland when upon my death he is the beneficiary of $10,000.00 from my savings account?
Mark Oakley
Mark Oakley answered on May 29, 2021

A nonlineal heir (and non-spouse or sibling) of an estate, such as your nephew, will have 10% of the value of his bequest withheld for Maryland's inheritance tax. This tax applies to assets that pass through your estate as well as to jointly owned assets. and assets that are in your name and... Read more »

1 Answer | Asked in Child Support for Maryland on
Q: Would I have to pay child support of an 18yo HS senior that is spreading their senior year over two years, part-time?

My child is a 17 year-old, just finishing his Junior year at a small independant school.

My wife and son are considering having him attend part-time over the next two years, instead of graduating in one year, and him working part-time during that time.

Would I still be obligated... Read more »

Mark Oakley
Mark Oakley answered on May 27, 2021

Maryland Code, General Provisions, Section 1-401(b), provides:

An individual who has attained the age of 18 years and who is enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following...
Read more »

1 Answer | Asked in Health Care Law for Maryland on
Q: Can someone else’s dentist ask if I have an autoimmune disease
Mark Oakley
Mark Oakley answered on May 27, 2021

Absolutely they can ask. And you have the absolute right not to answer.

1 Answer | Asked in Criminal Law for Maryland on
Q: what is the statue of limitations for MD 3-804
Mark Oakley
Mark Oakley answered on May 27, 2021

A prosecution for Criminal Code Section 3-804 has no statute of limitations. Maryland largely abolished the statute of limitations for any crime that carries the possibility of imprisonment, and this offense carries up to 3 years. There are numerous exceptions for specified misdemeanors that have... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for Maryland on
Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?

My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?

Mark Oakley
Mark Oakley answered on May 27, 2021

I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »

1 Answer | Asked in Constitutional Law for Maryland on
Q: How would one go about petitioning federal courts to have one's state's representation suspended or revoked?

For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.

Mark Oakley
Mark Oakley answered on May 23, 2021

You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution,... Read more »

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