I'm selling my home in Allegheny County and buying another close by on a contingency of selling my house. The purchase of the new house has gone without a hitch. The sale of my current home however has been difficult. Buyer took a lot of time getting final documentation to her bank. Now... View More 
answered on Nov 13, 2019
You have no privity with the buyer's bank, and they have no duty to you. Indeed, they have a duty of confidentiality with their customer, such that they should not tell you if the real problem here is the buyer. Your contract with the buyer controls your relationship. The buyer's contract... View More
Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..
answered on Nov 18, 2019
An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.
Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse... View More
My banking account was accessed using this scam and money is now missing. Do I need a lawyer or should I continue to look into this problem on my own.
answered on Oct 28, 2019
It is difficult if not impossible for any lawyer to tell you whether you should seek legal assistance or continue looking into the problem on your own--when you have not described the problem first.
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... View More
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... View More
Daughter is her power of attorney what would happen in a case like this?
answered on Aug 8, 2019
Your father's sister now owns the funds in the bank account. Her daughter has the authority under the POA to manage the funds for her mother's benefit, and owes a fiduciary duty to her mother to only act in her mother's interest regarding the funds. Depending on how the POA is... View More
I had to leave a lease early for medical and the landlord got a judgement for $10,000. they garnished a personal bank account but did not garnish my business account. I am filing an objection to MD code § 11-504 but am not due why they only tried for personal. an I object to the business... View More
answered on Jul 8, 2019
Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... View More
I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?
answered on Jul 9, 2019
Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... View More
my wife and I left a leased property early and had a $10,000 judgement entered against us. Today we saw her account with $150.00 was garnished.
answered on Jul 6, 2019
Yes. However, all persons in Maryland have statutory exemption rights. Basically, there are various dollar amounts that you can exempt from attachment by judgment creditors. Chief among those exemptions is the $6,000 “wild card” exemption that can be used on any asset you own, including cash in... View More
In March my account was hacked into and a fraud check was placed in my account in the amount of $200. I was unaware of these activities until I was making a purchase and discovered my account was over drawn. I called and they removed the overdraft and the fees. Now it’s June and I’m facing... View More
answered on Jun 28, 2019
You have very few legal options--none of which are worth pursuing because there is a much better and cheaper option:
Close the account and find a new bank.
answered on Jun 19, 2019
Your question involves at least two areas of commercial law in this state-- interest rates and lender licensing.
Maryland's laws on lending and usury (maximum interest) are a bit complicated. The legal rate of interest in this state is 6%. To charge more, you must fit within an... View More
answered on Jun 18, 2019
Say what? How can anyone know whether you "have a Maryland Consumer Loan license" or not? And why do you not know?
I originally paid a settlement amount of $600 via money order and now the mediator said they may pursue me in court. How can I avoid this from happening?
answered on Mar 24, 2019
Two issues:
(1) Can you prove you paid $600 in full and final settlement of the claim? If so, how? You had better have this settlement in writing. If all you did was unilaterally pay $600 and write "in full and final settlement" on the payment, without express agreement of... View More
answered on Apr 17, 2019
Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.
This will be the first time I buy a house. I will only be spending part of my time there and the majority of my time in the neighboring state with my grandparents where my address is now. I would like to keep my address there since I will be there most, but I would like to buy my first house... View More
answered on Apr 10, 2018
Anyone can buy real estate for investment or other purposes and the law imposes no obligation to change residence just because someone buys real estate. However, a lender very well may require that a home be the borrower's principal residence to qualify for more favorable lending terms, so... View More
The account was opened for me when I got my first job at fourteen and he never took his name off of the account. All of the money in there is mine but he says his lawyer told him it would look like he is hiding assets if I take the money out.
answered on Apr 27, 2018
Your father will have to list this account as an asset in his case. The question is how can he protect this asset with exemptions he has to protect assets. If he is filing a Chapter 7 bankruptcy the Trustee can take the nonexempt assets to distribute among the creditors. If he transfers an the... View More
My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?
answered on Jan 5, 2018
Yes. They can garnish her bank account. There are certain protections she could have and may still be able to file such as exceptions. Consult local counsel.
My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?
answered on Dec 29, 2017
Your mother would benefit from some legal advice. Generally it is difficult to recapture funds once they are taken. A judgment creditor has various enforcement rights and they include the right to seize assets belonging to the person who owes the judgment. These include the right to get a... View More
Q: Can a bank reject a letter of administration because it is dated 2009?
Details: My mom died in 2009 and my sister is her PR. The estate was closed in 2010 and then she just closed the estate bank account last year. This year, she received a check for unclaimed property paid to the order... View More
answered on Sep 21, 2017
It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.
There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the... View More
My grandma died in December 2015 and left the funds in her bank account to me, my uncle, and my aunt. The funds are to be split equally among all 3 of us and will only be disbursed when we have all notarized a form and submitted it to the bank. My aunt has refused to get her form notarized, meaning... View More
My attorneys do not understand real estate and as such do not understand the value of the new info thus I wish to file pro se. Need to know how to address in the motion i am doing the motion pro se
answered on May 25, 2017
How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial... View More
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