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Maryland Questions & Answers
0 Answers | Asked in Animal / Dog Law and Contracts for Maryland on
Q: I purchased an 8 week puppy from a breeder 07/31/22. I had the dog spayed 12/29/22 (according to the Purchase Agreement)

Breeder won't transfer/release microchip to me. It's the breeders chip. Breeder is PRIMARY Contact, Breeders' Vet is secondary Contact. I am not a contact. I can't access my dog's microchip. She's now 8 months old. There is nothing in the purchase agreement indicating... Read more »

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it illegal for my former step mother to pose as my biological mother(legal guardian) in order to get medical info

My former step mom has done this on multiple occasions since my dad divorced her, even though she is not a contact for my doctor. Most recently she tried to cancel my therapy appointment. I am a minor.

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

No. It is illegal. Discuss this issue with your parent(s) and ask for them to either file charges, or file for a protective order on your behalf against her from interfering with your medical care, medical records, and otherwise contactingyou.

1 Answer | Asked in Contracts, Appeals / Appellate Law and Small Claims for Maryland on
Q: Is there a specific form to file a motion to vacate judgement in Maryland District Court?

Its a contract related matter and the Prince George's county entered an Affidavit Judgement. I am trying to file a motion to vacate, so is there a form that needs to be filled along with the reason for not being present before the court or just a letter addressed to the clerk/court will... Read more »

Leonard A Englander
Leonard A Englander
answered on Feb 2, 2023

You would use a general motion form. You should include any information as to why you did not show up in court, as well as any defense that you might have raised in the contract claim (i.e you didn't owe the money, you paid it already, etc.)

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?

Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...

§5–106.

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall... Read more »

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested for a hand gun charge but was found not guilty of the charge will that effect a job
Scott Scherr
Scott Scherr
answered on Feb 2, 2023

An acquittal of all charges should not affect your job. You should get your record expunged right away. Depending on your job, you may wish to get a true test copy of the disposition first.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Maryland on
Q: How should we proceed with the search that looks like was unlawful and a violation of rights.

My son which is a black 21 year old male was recently arrested in Ocean City MD over the weekend 12/31/22 for what we can only see as him being profiled but we live in Virginia. He was told by the police officer that pulled him over that his license plates didn't match his car and that he... Read more »

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... Read more »

2 Answers | Asked in Divorce for Maryland on
Q: I co-signed my husband's car, and he refuses to pay for it and is hiding it. He now said he abandoned it. What do I do?

Could the judge do anything about the bank coming after me for the car loan?

Scott Scherr
Scott Scherr
answered on Feb 1, 2023

You remain liable for the car loan. The judge will not allow that as a defense. Your husband may be liable to you for the money that you pay for the loan.

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2 Answers | Asked in Divorce for Maryland on
Q: I co-signed my husband's car, and he refuses to pay for it and is hiding it. He now said he abandoned it. What do I do?

Could the judge do anything about the bank coming after me for the car loan?

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

As a co-signer, you owe the full balance of the loan. Your husband's actions are no defense. If both you and your husband are co-defendants in a lawsuit, you can file a cross-claim against your husband if your arrangement was that he was to pay for the whole loan, and then you'd have a... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Maryland on
Q: Rat infestation on rental property, who is responsible for cost?

This is my 3rd year with tenants and first time with rats. We believe they are coming from vacant bar next door. I had Health Department come out and they are opening a claim on the new owners of that property. I got one estimate so far for an extermination service to get rid of rats and... Read more »

Richard Sternberg
Richard Sternberg
answered on Jan 31, 2023

If we are talking about a commercial lease, generally the lease controls. Get a lawyer to review the lease and negotiate a resolution with the neighboring property owner harboring the vermin infestation. If this is a residential lease, the answer depends a bit on the locality, but, as a general... Read more »

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0 Answers | Asked in Criminal Law and Family Law for Maryland on
Q: What legal basis can I object to sharing an image of my child without their knowledge with their convicted abuser?

GAL Recommendation: vi. A folder for shared pictures. A picture of the children one time per month needs to be shared. Respondent Mother is not required, nor is it recommended, that she inform the children a picture is for the purpose of sharing with Petitioner Father.

Father accepted a... Read more »

0 Answers | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Constitutional Law for Maryland on
Q: My dog sitter was evicted and my dog got tooken to the pound and they won't give him back I have my papers I need help

The eviction is questionable she didn't know about it the officers said they didn't have to tell her she was even being evicted they didn't touch any of her things just took my dog and her cat my dog has a broken leg that I took him to a specialist for and I had 2 option surgery or... Read more »

1 Answer | Asked in Appeals / Appellate Law for Maryland on
Q: I recently won an appeal in a breach of lease case during the case I filed an emergency motions to stay

During the appeal case, my landlord attempted to have me removed from the property because the original case was in her favor for restitution of the apartment. I filed for emergency motions to stay because I had appealed the case and motions to stay was ordered I paid a bond of $250 once I paid... Read more »

Charles William Michaels
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Charles William Michaels
answered on Jan 31, 2023

As far as I am aware, the stay and bond "freezes" the case. No rent is due during the stay, the bond should cover that.

2 Answers | Asked in Business Law and Probate for Maryland on
Q: if someone owned a small business and you are co-president of the company and he dies with a non signed witness will,

and you are running the business do I have any rights?

Mark Oakley
Mark Oakley
answered on Jan 31, 2023

Your use of pronouns "someone", "you", "he" and "I" is beyond confusing. It is unclear who these pronouns are referring to, other than the "I."

I'll take a stab: the owner of the company died without a will, and you are...
Read more »

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0 Answers | Asked in Child Support and Family Law for Maryland on
Q: Can “work-related” child care expenses exceed custodial parent take home income?

Custodial parent seeks child support for especially expensive child care expenses that are nearly all of her take home income after taxes. Am I obligated to subsidize something we’d never pay for as a couple?

0 Answers | Asked in Landlord - Tenant for Maryland on
Q: Can I break my lease because my apartment is affected with mice and snake?Are Indoor Dryer Vents Legal in Maryland?

I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... Read more »

0 Answers | Asked in Land Use & Zoning for Maryland on
Q: Can I break my lease because my apartment is affected with mice and snake?Are Indoor Dryer Vents Legal in Maryland?

I discovered a mice infestation during the second week of my tenancy, it’s been almost 6 months, still the problem remains. In addition to this, there are issues with broken appliances such as the refrigerator, which has a water flow problem. There is also a leak from one of the ceilings.... Read more »

0 Answers | Asked in Construction Law for Maryland on
Q: How do I know how much of a surety bond I require

We are a construction company and have been asked to build a home from start to finish we have to have surety bond, the total price is approx 450,000 that would be taken on a draw schedule as and when we need to buy materials, how much of a bond do I need to hold for this?

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Can my dad win my custody of me even tho he owes some child support money from previous years?

He has a debt because he had an injury and stop working, that formed into a debt. My mom is trying everything she can to not let me see him and now has an arrest warrant towards him. Since we live in different states if he were to travel to see me he will get arrested. I don’t want to live with... Read more »

Mark Oakley
Mark Oakley
answered on Jan 27, 2023

If you are a minor child, so you are limited in what you can do. Your father's child support arrearage is not a bar to his having primary residential custody. Judges will start to take into consideration the wishes of the minor child at around age 12, and by 15 or 16, the child's... Read more »

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