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Questions Answered by Mark Oakley

1 Answer | Asked in Landlord - Tenant for Maryland on

Q: I was out of work for 3 months because of surgery and I paid half of July and nine of Aug or September. My eviction is

Schedule on the 20th of September. I just went back to work and don’t get paid until 27th. Can I go to the courts get an extra week to pay all of the back rent?

Mark Oakley answered on Sep 11, 2019

Unless there has been two previous eviction filings against you on this same property, the court will grant you a period of time to "redeem" the premises before the eviction can take place, by paying in full all of the past due and current due rent by that date. Generally, personal checks are not... Read more »

1 Answer | Asked in Animal / Dog Law for Maryland on

Q: I was walking my leashed dog, a unleashed dog ran over and charged my dogs. My dog bit the other dog am i liable

Mark Oakley answered on Sep 11, 2019

Liable for what? The vet bills of the bit dog that was running off leash in violation of the leash laws? No.

1 Answer | Asked in Traffic Tickets for Maryland on

Q: Is it legal to ride in the back of a pickup truck in Maryland?

Mark Oakley answered on Sep 11, 2019

No. It is not. At least, not on any roads commonly used by the public.

1 Answer | Asked in Animal / Dog Law for Maryland on

Q: Unrestrained dogs got into fight, and then one bit my relative

Both mine and neighbors dogs were unrestrained by leashes or fences when their dog lunged at my dog, and thus, my dog bit their dog. The neighbors dog then proceeded to maul my relative and cause dog bite injuries. If all dogs in question were unrestrained, are all parties responsible for their own... Read more »

Mark Oakley answered on Sep 11, 2019

If your relative who was mauled did not own any of the dogs, or have responsibility for them, and did nothing to trigger the attack on themselves, then your relative can file a claim against the owner of the dog who mauled him/her. The dog owner's homeowner's insurer would ordinarily be liable to... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: Knowingly giving false accident report information and Maryland

I drive a pick up truck to transport vehicles on for work. After an accident, insurance got too expensive, so I put the insurance in my wifes name. I got in another accident recently and when police arrived, they asked who was driving. I panicked that only my wife is licensed to drive so i said it... Read more »

Mark Oakley answered on Sep 11, 2019

Hire a lawyer. Usually these citations can be negotiated with the prosecutor into a lesser offense or worked out before the judge so as to avoid jail and points, and even avoid a conviction.

3 Answers | Asked in Estate Planning for Maryland on

Q: My brother and I are joint trustees in a living trust containing our mother's assets. What if one of us resigns?

The trust is located in Maryland and our mother is suffering from dementia.

If the trust is re-written with one of us as sole trustee, and the other as the successor trustee in the event the first becomes unable to serve as trustee:

1. Are the contents of the trust or trusteeship... Read more »

Mark Oakley answered on Sep 11, 2019

Assuming your mother is the sole surviving grantor of the trust and has dementia and lacks mental capacity to make or consent to a change of the trust terms, the trustees' ability to make a re-write the trust, and the extent of such a re-write, will have to be determined after a careful review of... Read more »

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2 Answers | Asked in Landlord - Tenant for Maryland on

Q: I was told that I had to have surgery in order to be represented in a suit against the apartments where I reside

I was told that I had to have surgery in order to be represented in a suit against the apartment where I reside the ceiling fell in on me and I have be having back leg and elbow issues they also made me move my apartment on my own to a new unit I need representation because I hw e kids I have to... Read more »

Mark Oakley answered on Sep 11, 2019

I imagine a lawyer told you that they would not take the case unless you had surgery, because then the claim would be much larger and would be worth their time and effort to accept you as a client. It is not a prerequisite to making a claim or recovering damages in such a case. However, if... Read more »

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1 Answer | Asked in Contracts for Maryland on

Q: My unlicensed contractor ran away with my deposit and now he's not even responding to my texts but i know where he live

I am looking for pro bono student lawyer to write a letter for me so I can get a refund or he can come and finish the work.

I saw his work at my friends but my only fault is I gave him deposit upfront.

What's the fine if you act as a contractor in MD without license

Mark Oakley answered on Sep 8, 2019

It’s a crime. Jail and fines are the punishment. File a complaint with the Maryland Home Improvement Commission (MHIC). The forms are online.

2 Answers | Asked in Criminal Law for Maryland on

Q: Can my boyfriend be extradited back to Florida after being found innocent after his court date in Baltimore City?

Violation of Probation (first time)

Mark Oakley answered on Sep 11, 2019

Until the Florida warrant is recalled or quashed by the Florida court that issued it, it remains valid and he will be extradited so long as the requirements of the extradition statute is satisfied. If the charge in Maryland is the basis for the VOP warrant in Florida, then get a certified copy of... Read more »

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1 Answer | Asked in Child Custody for Maryland on

Q: what is it called when a parent makes a child fundle with his private parts

grabbing their hands and making them play with his penus

Mark Oakley answered on Aug 23, 2019

It’s called child abuse. Call the police and report the abuse. Be prepared for Child Protective Services to get involved and the person potentially being arrested and prosecuted. If the perpetrator is living in the household of the child, that person or the child will be removed from the... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Maryland on

Q: I am being approached by a collection agency that appears to buy old moving violation tickets in DC and Maryland

I noticed the calls are coming a little more frequent and the last call I got the rep started being more aggressive in her eluding to taking further steps of action if I don't pay these so-called outstanding tickets? The approach I took with them is I am not paying tickets dating back 6 years plus.... Read more »

Mark Oakley answered on Aug 23, 2019

Generally speaking, fines and penalties do not have statutes of limitations. In the case of moving violations, nonpayment results in suspension of your driving privileges in the jurisdiction where the unpaid ticket was issued, and then upon notification to the state that issued your license (if... Read more »

1 Answer | Asked in Banking and Consumer Law for Maryland on

Q: Is it legal for my friend and I to use our joint acct to charge 10% int on a 4 mth loan to friends that own business

My friend and I have friends with businesses that want to loan money from us at regular intervals. The minimum loan is $10,000 and maximum is $40,000. We are opening a joint bank account for the purpose of giving out loans to our friends and family. We want to charge 10% for a 4 month loan term... Read more »

Mark Oakley answered on Aug 23, 2019

If the loan agreement is in writing, interest in a loan my not exceed 24% per year, and must comply with numerous other legal requirements in order to avoid the risk of violating the users laws. Owing 10% interest at the end of 4 months is an effective annual interest rate of 30%. Not only is the... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: If i had a dui and got probation before judgement will that affect public clearance

Mark Oakley answered on Aug 23, 2019

“Public clearance” is not a term I recognize, but if you are referring to a government security clearance, the answer is not clear-cut. The pbj disposition and the charge description will show in a criminal background check, and although it is not a conviction or guilty finding, it remains... Read more »

2 Answers | Asked in Probate for Maryland on

Q: I have 2 text messages from my deceased spouse saying I can have the house, Can I submit this to the court.

He died without a will and now I need to pay his adult children he had before we married, becasue oft he value of the home. My name is not on the deed. I am in Maryland

Mark Oakley answered on Aug 23, 2019

You say your name is on the title to the property. The default title to real property owned by married couples is “tenants by the entireties” which means upon the death of one spouse the other spouse, you in this instance, owns the house outright by law. It is not subject to anything your... Read more »

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1 Answer | Asked in Child Support for Maryland on

Q: I leave in MC MD & am custodian parent receiving child support. child turns 18; going to college can Dad pay tuition?

the child will be 18yrs and will drop off child support; how can I have Dad to assist with part of the tuition what are my options?

Mark Oakley answered on Aug 15, 2019

Unless he has voluntarily signed a written agreement that requires him to pay, a parent has no legal obligation to pay their adult child’s college expenses.

1 Answer | Asked in Car Accidents for Maryland on

Q: I was involved in a property damage crash with a parked car and the police rep says "Charges Pending". What is that?

Mark Oakley answered on Aug 15, 2019

When police do not witness the crash, but are called upon to investigate the circumstances, they may decide to cite the driver with applicable violations of the traffic laws after evaluating the evidence.

1 Answer | Asked in Criminal Law for Maryland on

Q: Can a distribution charge in Maryland be expunged from criminal records

Mark Oakley answered on Aug 15, 2019

Only if you were not convicted. A conviction for distributing CDS cannot be expunged. If you received a “probation before judgment” (PBJ) disposition, then you were not convicted and you would be eligible for expungement. Other dispositions, like nolle prosequi, or stet, would also be... Read more »

1 Answer | Asked in Child Custody for Maryland on

Q: Divorced parents have shared custody 50/50-but mother takes teen less than 50%- can father get full phys. custody?

14 yo teen wants to live with father due to poor relationship w/ his mother. It's a battle each time he is scheduled to go there - and has at times, refused to get in her car. She continues to collect child support but rarely takes her son except for 1 or 2 nights on weekend. Son is registered to... Read more »

Mark Oakley answered on Aug 14, 2019

Yes. Hire a lawyer to file for modification of custody and support.

1 Answer | Asked in Small Claims for Maryland on

Q: If you loan a person $2000 and he doesn't repay it, what recourse do you have?

Mark Oakley answered on Aug 14, 2019

File a Small Claims suit against the person for breach of the loan agreement. The civil complaint forms are available online or at the civil clerk’s office of the District Court.

1 Answer | Asked in Animal / Dog Law for Maryland on

Q: Today, neighbor’s dog trespassed my property and chased my 3 year-old child on OUR back yard!

Today, my neighbor’s dog trespassed my property and chased my 3-year old child on OUR back yard! I rushed outside and in the last split of a second succeeded to prevent the dog attacking my child. The dog was very aggressive and after rescuing my child, I had difficulty in forcing the dog to... Read more »

Mark Oakley answered on Aug 14, 2019

Call your local animal control police office. It is illegal to allow a dog to run off leash.

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