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Questions Answered by Mark Oakley
1 Answer | Asked in Consumer Law and Lemon Law for Maryland on
Q: Can I file a consumer complaint if a brand new car had problems

I purchased a new 2021 Jetta in April 2021. In September 2022 during regular oil change the dealer told me the rear brakes were down to a 1 which was really odd for a brand new car with less than 15000 miles.

They also said VW won't cover the repairs since it was just outside the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

Go the the Maryland MVA website and look up dealership complaints. They have an entire complaint process for consumers who have issues with dealerships. In addition, some counties, such as Montgomery County, have rather robust consumer affairs offices that deal with car dealership and repair... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: Should you accept a loan modification with a partial claim on a mortgage that has already been discharged in bankruptcy
Mark Oakley
Mark Oakley
answered on Jul 13, 2023

The only discharge granted was to your personal liability on the mortgage. The lien on the property remains. If you cannot afford the payments and stop paying, then the mortgage company can still foreclose and sell your house at acution to enforce its lien. What it cannot do is sue you and... View More

1 Answer | Asked in Child Custody and Family Law for Maryland on
Q: Do I need to file for any kind of custody in Maryland since their dad passed away a year ago?

My kids have lived with me for a year since their dad died. We did our custody order through Maryland since at the time he lived there and I gave him primary physical custody and we had joint legal custody. Awhile later he moved to WV and passed away. I’ve lived in PA for 6 years and my kids have... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

No, you already had joint legal custody to begin with--the equal to your ex. Now, you are the sole legal guardian of your children.

2 Answers | Asked in Employment Law for Maryland on
Q: Can my employer force me to pay for accidental damages with no contract. In Maryland.

I work for two people and live with them in a big house together with no contract, with another roommate. In Maryland. I accidentally broke the sprinkler and caused water damage in the house, they want me to pay what the insurance will not pay and the repair expenses and if not they will take the... View More

Mark Oakley
Mark Oakley
answered on Jul 13, 2023

If you were just a tenant, then you would be liable; however, as an employee, that adds a new wrinkle. They cannot simply dock your pay for the excess cost of repairs. They would need to sue you, get a judgment, and then have a writ of garnishment issue against your wages, not to exceed 25% of... View More

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1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Small Claims for Maryland on
Q: I deposited a check in my account for my friend and gave them the money it was fake can I sue them?

It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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2 Answers | Asked in Medical Malpractice for Maryland on
Q: I live in Md, had surgery in Va, a doctor when removing gall stones perforated my bile duct and left a guide wire in me.

Resulting in having emergency surgery the same day, with a drainage tube and t- tube put in, in addition to foreign object removal. Spent 9 days in the hospital. Removed drainage tube in about a week (outpatient). Got an infection, back to the hospital. Removed t-tube about 2 months later... View More

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

(1) You need a Virginia Medical Malpractice lawyer to review your case, which involves obtaining ALL of your medical and hospital records, especially of the initial surgery.

(2) Statute of limitations in Virginia is 2 years from the date of the initial injury/incident of malpractice.

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2 Answers | Asked in Civil Litigation, Small Claims and Real Estate Law for Maryland on
Q: Are there traffic laws in the State of and/or Montgomery County Maryland that govern double parking?

townhouse parking development-each house assigned two spaces. neighbor allows visitors to part behind her parked cars-causing two way road to be blocked

Mark Oakley
Mark Oakley
answered on Jul 10, 2023

Most townhouse developments ae governed by an HOA and the parking lots outside the rows of homes are private--not public-- parking lots. In that situation, you need to look at the governing documents and HOA rules for what remedies are available, which usually involves private towing contracts.

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1 Answer | Asked in Family Law for Maryland on
Q: My question is, how can I answer this Interrogatory question with a proper objection for the State of Maryland

State whether you have had sexual relations with a person other than your spouse since the date of your marriage, and if your answer is in the affirmative, state the name and address of each person with whom you have had sexual relations, the date of each such activity, the location and address... View More

Mark Oakley
Mark Oakley
answered on Jul 8, 2023

If the answer is "No," simply answer "No." If the truthful answer is "yes," then you decline to answer on the grounds that your answer would tend to incriminate you, and you assert your right to remain silent under the Maryland and US Constitutions. Acts that meet the... View More

1 Answer | Asked in Family Law and Collections for Maryland on
Q: I'm unsure if I have a legal issue or not. I seperate with my non married partner which lead to me being sent to collect

Collections. We lived together for 6 years and were in the process of getting married. She was caught in infidelity. We separated and now I have been sent to collections due to her not paying a bill that was agreed that she would pay.

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

If the bill is in your name, you owe it and claiming someone else agreed to pay it is no defense. However, if there is an agreement that she pay this bill, then you can sue her for breach of the agreement to recoup what you paid on her behalf. Oral agreements are as binding as written ones; it’s... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: Is there a SOL on a DUI
Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Yes. An arrest/charge must be commenced within one year of the offense date. The trial does not have to take place within one year, but the prosecution must be commenced by issuing charges within that time.

2 Answers | Asked in Contracts, Personal Injury and Car Accidents for Maryland on
Q: Form requires indemnification for a car accidents

My sister is disabled and lives in Maryland. A new agency will to be providing services to her, namely getting her "out in the community" by driving her to, and helping her participate in, activities outside of the home. The staff member would be driving her in their own car and is... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

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1 Answer | Asked in Business Law and Landlord - Tenant for Maryland on
Q: Can a landlord remove Commercial Tenant's Personal Property in Maryland for in paid rent without court permission?
Mark Oakley
Mark Oakley
answered on Jul 4, 2023

They need a judment of possession, which in commercial landlord-tenant cases can happen quickly--but they still need to file a court action to get it. Once they have judgment of possession, they can enter immediately upon issuance of the writ of possession and lock the premises and hold the... View More

1 Answer | Asked in Foreclosure for Maryland on
Q: Do I have any legal recourse against attorney who mishandled my case and can I file an appeal of Judge's Decision/Order?

I hired a foreclosure defense attorney who has been elusive, not responding timely to emails or phone calls. For several months I have been asking for a Statement of Charges against my initial paid retainer. I received an email demanding money without a breakdown of charges as requested. He has... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

File a fee dispute with either the Maryland State Bar Association or the local bar association for either Baltimore County or Baltimore City (if that is where the lawyer is located ot you are located), by going to the below link and identifying the correct fee dispute panel:... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Mark Oakley
Mark Oakley
answered on Jul 3, 2023

If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Old assault claim

My ex is trying to bring up a made up assault case from February 2021. I called police because there was an argument. She told the police I hit her and she wanted to press charges. I wasn't arrested nor charged. We resumed the relationship, moved to another state, Jan of 2021 she attacked... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Probably not.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I filed for divorce first in Pennsylvania, can my ex file in another state months later?

I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Maryland on
Q: Am I within my rights to withhold a month's child support if he'll be with me that entire month?

He lives in MD, I live in CA. I'm passing for his airfare to come out per the agreement. She's expecting me to travel with him to take him back. I'll need that money for food and other expenses during his visit. The agreement was processed through a Maryland court so I'm sure it... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

If your child support order does not already include a waiver of child support while your child is with you exclusively for a month or whatever period of time you have him, then no, you cannot unilaterally withhold child support or take it to defray your costs. Only another court order modifying... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: How long does it take to get a to get a divorce case that was obtained on major fraud in front of the Maryland Supreme C

It has already been appealed but the majority of the evidence found after the fact.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More

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