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Questions Answered by Mark Oakley
1 Answer | Asked in Domestic Violence for Maryland on
Q: I’m subpoena to court as a witness for domestic violence case I don’t want to testify

How can I get out of it I’m the victim

Mark Oakley
Mark Oakley answered on Sep 3, 2021

If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it worth the time and money to take legal action against a person who owes me $8,000 ?

I lended her the money 5 years ago, out of goodness of my heart. She was a coworker who was going through a difficult time. According to her, her husband lost is job etc

She begin right away to pay me back. I have only received $350. She left the company in which we both worked. I have... Read more »

Mark Oakley
Mark Oakley answered on Sep 3, 2021

You need to first determine whether the statute of limitations has run already, and that starts with determining which SOL applies, and the date it starts to run from. Based on your description, the SOL can either be 3 years of 12 years. The only way it can be 12 years is if the promissory note... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: What do I do to continue being my child advocate who has autism and is 18 but still attends high school in Maryland
Mark Oakley
Mark Oakley answered on Sep 3, 2021

There are attorneys who practice "education law" as well as focus on disability law and similar specialties. You should search for such a lawyer if you need to address or understand legal issues that arise (which you do not specify). Generally, childen with a disability (autism... Read more »

1 Answer | Asked in Criminal Law, Public Benefits and Small Claims for Maryland on
Q: Can I sue president of my organization if he goes contrary to our constitution to remove members who do not support him?

We are a membership organization of about 20 members. The president who goes contrary to our constitution removed about 9 members who oppose his leadership style. We have funds that belongs to all of us and we all need to affect the use of this fund even if we exit the organization as he wants. Our... Read more »

Mark Oakley
Mark Oakley answered on Sep 3, 2021

Take the organization constitution to a lawyer to review, and evaluate your legal options, as well as actions you can take under the constitution, such as calling a special meeting, holding a new election, removal of the president, etc., whatever the provisions allow. Recourse to the courts... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Hello: My daughter's marriage was solemnized in Ontario Canada but no marriage certificate was applied for and issued.

After less than a year she got divorced (religiously, not in court). Question is, will she be considered legally married even though no marriage certificate was issued?

Reason for question is that if she is considered legally married then will need to file for divorce, otherwise not.

Thanks

Mark Oakley
Mark Oakley answered on Aug 28, 2021

You need to ask this question of an Ontario lawyer, or research the law there. The law of the place of marriage determines whether the marriage is legal or not. For instance, in all states in the United States of which I am aware, a marriage is only legal if the parties obtain a marriage license... Read more »

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I sell my property in Harford Co MD when my tenants rent is paid by a rental assistance program during COVID?

My tenants rent is paid in entirety by Baltimore Regional Housing Partnership (BRHP). Our lease is month to month, and states 60 days notice must be given. The lease is between my tenant & I, and does not involve BRHP. I just want to make sure there are no extra COVID laws I need to abide... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

You can always sell the property subject to an existing lease and the new owner must honor the lease terms and any other agreements you made with BRHP. If you want to terminate the tenant's lease and and sell the property without tenants in possession or subject to the terms of any lease or... Read more »

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How do I issue shares to myself in Maryland

My company is incorporated in Delaware and I have applied for registration in maryland as foreign entity. I want to issue shares to myself. I have appointed myself as CEO and Secretary. Do I need witness to issue shares to myself ?

Mark Oakley
Mark Oakley answered on Aug 27, 2021

Consult a lawyer. You can issue stock on behalf of the company as the director or officer, to yourself, by use of a bill of sale or stock subscription agreement. You need to check your articles of incorporation and any stockholder's agreement, by-laws, etc., to confirm how many shares of... Read more »

1 Answer | Asked in Traffic Tickets for Maryland on
Q: What laws does maryland have about out of state license? I can't find an actual law saying they're illegal.

I was recently stopped and told that my out of state license was invalid because I am living in Maryland, but I'm moving back to the state the license is from and have planned to the entire time I have lived here. I can't find the laws about licensing that say anything about an out of... Read more »

Mark Oakley
Mark Oakley answered on Aug 27, 2021

Transportation Code, 16-102

https://govt.westlaw.com/mdc/Document/N99DEF710708F11E7BD2ABB9CAAB41EA0?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

1 Answer | Asked in Family Law for Maryland on
Q: I married someone who did not have legal status.

He didn’t receive a green card because he couldn’t prove the marriage was valid. I do not know his whereabouts but I would like an annulment is that possible

Mark Oakley
Mark Oakley answered on Aug 26, 2021

Annulment is unlikely in this scenario. Divorce is available. Consult a lawyer to go over more details and what options you have.

2 Answers | Asked in Estate Planning for Maryland on
Q: I hired a lawyer to handle my suster's estate 02/03/2020. Minimal assets : car,house to be foreclosed.

I was instructed to send register of wills $400.00for first accounting. Then the lawyer charged me $400.00. I am now paying out of pocket $3506.64This was 2 weeks ago. I told the lawyer that I no Longer need her services. 1 day later she tells me she has to petition the court.

Mark Oakley
Mark Oakley answered on Aug 26, 2021

Lawyers may not be paid in estates without either (1) written consent of all interested parties (PR and heirs) or (2) court approval of their fees, after they petition for approval. Your being billed and paying the lawyer directly does not comply with the rules. They may now be trying to petition... Read more »

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1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer make you take a poly test for something missing off their property that has nothing with the business?

Employer is threatening to fire if you do not do the poly test. Again what is missing has NOTHING to do with her business

Mark Oakley
Mark Oakley answered on Aug 20, 2021

Unless you are working for a government office or agency, or under a union contract or employment contract, for which specific protections are provided against such a requirement, the generl rule for private employers and employees is that you are an "at-will" employee, meaning you can be... Read more »

1 Answer | Asked in Family Law for Maryland on
Q: If my mom has a POA for her significant and her current mental state requires me to assume a POA for her what happens?

Does my POA cover for both or will I have to figure out how to get one for her significant?

Mark Oakley
Mark Oakley answered on Aug 20, 2021

No. The POA naming you as attorney-in-fact for your mom does not authorize you to act in her place as the attorney-in-fact under another person's POA. In the absence of the significant other's ability to designate another agent to act, it will be necessary to petition the court and be... Read more »

1 Answer | Asked in Contracts and Employment Law for Maryland on
Q: I have a question about retainers.

If a client has hired a a freelancer and signed a retainer agreement, does the freelancer have the responsibility to keep the client updated on the hours being billed.

Can the freelancer surpass the agreed upon hours without notifying client and ask for surplus hours at a later. In this... Read more »

Mark Oakley
Mark Oakley answered on Aug 17, 2021

Not enough facts to evaluate. Need to see the contract, and then go over facts and course of conduct of the parties after the contract was signed, and the knowledge of--and receipt of the benefit by the client of-- the work performed by the freelancer. If the client received above and beyond what... Read more »

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: I’m legally married but had a child with another man. The other man is taking me to court. Can my husband,

Yet we are separated do anything legally to prevent the child with going with the other man. We are in md

Mark Oakley
Mark Oakley answered on Aug 17, 2021

A child born to a married woman in Maryland is presumed to be the child of the husband. The actual biological father would have to petition to establish paternity through a blood test. Custody and visitation is a separate matter decided upon by the court. Once paternity is established, the... Read more »

1 Answer | Asked in Small Claims and Consumer Law for Maryland on
Q: The loan is in my name only but the registration and tags are in mine and Exs name. Who ownes the car legally?
Mark Oakley
Mark Oakley answered on Aug 15, 2021

By title, you both legally own the car equally. Neither of you could be charged with the crime of theft for taking possession of the car from the other and driving it away. Civilly, however, as part of an alleged contract or agreement pursuant to which one of you made all the payments toward the... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Are home buyers obligated to share with the seller a disruptive family member will be inhabiting the home?

A family with an autistic child purchased the townhouse next door and the noise from the child through the common walls is quite loud, unsettling and highly disruptive. I believe that as a seller, I need to disclose problems or nuisances in the neighborhood such as loud neighbors or ongoing... Read more »

Mark Oakley
Mark Oakley answered on Aug 15, 2021

Maryland law gives to two options: (1) disclaim any representatitions as to the home and sell "as is"; or (2) fill out the residential disclosure form. Selling "as is" does not get you off the hook for latent defects in the home that would not be discoverable by ordinary visual... Read more »

1 Answer | Asked in Education Law for Maryland on
Q: I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School.

I enrolled and registered my two children to attend Annandale Christian School, (ACS), Laurel for 2021/22 School year in March which I have subsequently canceled in July. However ACS has invited my attention to a clause in the contract which was not properly explained to me at the time of signing... Read more »

Mark Oakley
Mark Oakley answered on Aug 14, 2021

This forum is not designed for direct solicitation for hiring lawyers, but you are free to search the site to locate a lawyer and then contact that lawyer to discuss potential engagement of ther services. As for your specific issue, the Maryland Court of Appeals addressed an almost identical... Read more »

1 Answer | Asked in Federal Crimes for Maryland on
Q: Can a person that was convicted of felony charges (and has served)purchase/use a muzzleloader in the State of Maryland.?
Mark Oakley
Mark Oakley answered on Aug 12, 2021

(1) the prohibition only applies to "disqualifying felonies" -- so that needs to be addressed first, but assuming you have a disqualifying felony, then

(2) Maryland's prohibition bars a convicted felon from posessing either a "regulated firearm" (handgun or one...
Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Maryland on
Q: I hired a window installation company to replace windows. Unbeknownst to me, they used subcontractors.

1. I would have never hired a company to subcontract. Can they do this if it wasn't in the contract?

2. The original window installation company continues to refuse to provide a lien release from the subcontractors. Again, and again.

Is there any way to force them to... Read more »

Mark Oakley
Mark Oakley answered on Aug 11, 2021

If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: If the rightful heirs to my deceased girlfriend's estate (intestate) agree

to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?

Mark Oakley
Mark Oakley answered on Aug 11, 2021

Pennsylvania recognizes common law marriage, I believe, and if you qualify, that adds another angle to your being treated as a potential heir. You need to hire a lawyer to review all these issues. It’s an interesting Estate problem to unravel and solve. One way or another, if everyone wants to... Read more »

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