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Questions Answered by Cedulie Renee Laumann
1 Answer | Asked in Civil Litigation for Maryland on
Q: Summons for a civil lawsuit.

What happens if you are aware of a civil lawsuit being filed but no summons has ever been served? Especially if you live in another state and are not doing anything to avoid being served if the process was occurring.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Until summons are formally served, the defendant is not obliged to appear or make a defense. However it is prudent to monitor any lawsuit one knows is "out there."

1 Answer | Asked in Civil Litigation for Maryland on
Q: Hi. I am In Maryland and need to file a civil claim over $30,000. Which court do I have to use?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Circuit Court. (unless it is a landlord/tenant matter)

1 Answer | Asked in Civil Litigation for Maryland on
Q: If you file a law suite and you request documents under discovery can the defendants attorney charge you for the request
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Generally no, at least not in the absence of a court order. However the producing party may respond by making documents available for inspection and copying at the requesting party's own expense.

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can an individual file a tort claim against another individual
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Yes, assuming they have a good faith basis for doing so.

1 Answer | Asked in Adoption for Maryland on
Q: Do I have to have a attoney to file for stepparrent adoption in maryland
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

No, hiring an attorney is not mandatory. A petitioner may file for adoption either "pro se" (self represented) or with an attorney. Because the law requires that adoption proceedings follow various rules and procedures, it may well be a good idea to hire an attorney for such a proceeding.

1 Answer | Asked in Contracts for Maryland on
Q: Q: If I have to hire a lawyer to file a breech of contract can I include the lawyer fees as a cost?

An agreement was reached for settlement to include a lump sum and to turn over all clients and files by a certain date. 2 1/2 years later all of the clients have not been turned over and no files were returned. I have to hire a lawyer to file a breech of contract. Do the legal fees have to be paid... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

Generally speaking the winning party in a lawsuit does not get attorney fees. An exception to this general rule is when such fees are expressly agreed to by the parties. In the scenario you describe it would be good to look at the underlying contract/settlement to see what it says about attorney... View More

1 Answer | Asked in Business Formation for Maryland on
Q: What is the effective date of an LLC in Maryland? Or, put another way, on what date can you start to transact business?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

An entity is effectively formed the date the SDAT approves the articles of organization. However, a business is generally advised to wait until after it holds its organizational meeting before transacting business.

1 Answer | Asked in Car Accidents for Maryland on
Q: After judgement how long does it normally takes to get cash payment
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

The answer depends on the particular defendant and the presence or absence of insurance. If the defendant had insurance, then the insurance company is usually motivated to pay promptly. (In Maryland, interest accrues on judgments at a rate of 10%). If the defendant had no insurance then payment... View More

1 Answer | Asked in Business Law for Maryland on
Q: How to transfer single owner LLC to multi owner LLC?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

It isn't clear whether you want to transfer (sell) one LLC to another LLC or whether you simply want to add owners/members to an existing LLC. Assuming you are asking about the second scenario, it is generally a matter of voting to add members and issuing membership certificates for same,... View More

1 Answer | Asked in Employment Law for Maryland on
Q: DO WE HAVE TO PAY MD UNEMPLOYMENT INSURANCE?

We pay DC unemployment insurance for all our employees. Almost all our employees work in DC , MD & Va except office personnel who work in DC.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

When a company has employees working in the state of Maryland, then generally yes, it should register with the state of Maryland, file a CRA and set up all necessary employment accounts. The exact steps your company needs to take to ensure compliance with each jurisdiction's laws (and... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: Property was deeded with a cloud on the title. is the title insurance company and the settlment attourney liable?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

If this was something the title examination should've revealed and title insurance was issued without an exclusion, then yes, the title insurance may well be forced to compensate. If the cloud arose AFTER your settlement the answer would of course be different. You are encouraged to check... View More

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1 Answer | Asked in Estate Planning for Maryland on
Q: If person give resignation as representative do they still have right to collect any incoming cash

If person tell you if have no money has been giving to the estate by a certain date then they are going to remove themselves from the estate. that time arrive and they do just that. But the appointed lawyer tell you when money comes in who she's giving money to but not to the children on... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

It isn't clear whether you are talking about the personal representative getting a commission or getting a share of the estate as a beneficiary.

A personal representative is generally entitled to a commission but gets this money after either the court or the beneficiaries agree to the...
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1 Answer | Asked in Employment Law for Maryland on
Q: Is it illegal for an employer not to provide me with an official job description in Maryland?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 23, 2012

No. There is no mandate in Maryland law requiring an employer to provide its employees with any specific job description. That being said, many employers do write up job descriptions to help employees understand what duties are expected.

1 Answer | Asked in Real Estate Law for Maryland on
Q: When is effective specific date for law, allowing non-borrower in a deed of trust ? In Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 9, 2012

More information is needed to fully understand the question. Borrowers sign the deed of trust (mortgage). Sometimes (but not often) a lender will make a loan to one co-owner, in which case the other owners (non-borrowers) will sign off acknowledging the mortgage lien.

1 Answer | Asked in Employment Law for Maryland on
Q: IN MD CAN THE OWNER LISTEN IN ON EMPLOYEES/DIFFERENT LOCATIONS THROUGHT PHONE SYSTEM. WHEN THEY ARENT USING PHONE

EMPLOYEES CONVERSATIONS/ OWNER EARDROPPING THOUGH THE SPEAKERS OF PHONES WHILE PHONES ARE NOT BEING USED.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 12, 2012

Employers have pretty broad rights to monitor employees on the job, though the right is not absolute. In some cases, eavesdropping can be illegal such as when someone violates wiretap laws (say by as recording phone conversations without any notice or consent), but generally employers can monitor... View More

1 Answer | Asked in Business Law for Maryland on
Q: I have a privately own non frachise pizza place but no one ownes the rights to the name.

Can some one open the same type of business with the same name and even better open it with in a mile of my business??? Is there a law to protect me from someone opening a business so close to me?My concern is the distance between such businesses ? My business is in MD

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 12, 2012

To protect your business you are strongly encouraged to register your trade name. In fact, if you operate under any business name besides your own personal name Maryland law requires that you register it. In addition to registering in the state of Maryland, one can federally register certain... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: How do i sue my two families if they are constantly pushing me out of the way of funerals and last wills and testazment
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 16, 2012

The facts surrounding your question are unknown but no one except a spouse has a legal right to demand anything not given in a last will & testament. Children and other heirs at law do have a right to see all probate filings, including seeing a copy of their family member's will after... View More

1 Answer | Asked in Employment Law for Maryland on
Q: Fired with no reason given. what can I do I live in Maryland
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Feb 9, 2012

An employer does not have to give a reason for firing. For employees not under an employment contract, an employer can fire for any reason so long as it is not illegal/discriminatory. If you believe you were fired for an illegal reason then you might want to consult with a lawyer.

As a...
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1 Answer | Asked in Employment Law for Maryland on
Q: In Maryland can a Private Detective Agency also provide security guard services?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2012

Yes, although the agency must apply for and receive certification. If you need more assistance with a business formation or license issue you may want to call an attorney to discuss your situation.

1 Answer | Asked in Employment Law for Maryland on
Q: Maryland requires how many hours worked to make an employee eligible for medical benefits through the employer?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 2, 2012

In the private sector, one must look to the employer's specific policies to see what health benefits it offers (if any). The law does not (currently) mandate medical benefits at any specific point, though various unions and so forth might have binding agreements that require coverage at a... View More

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