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Maryland Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Maryland on
Q: Do I have to follow CPS recommendations after they close the case?

CPS sent me a letter closing its case. They made recommendations that I follow through with the protection order against my fiancé. If I rescind the order can they reopen the case? How likely is it that they would find out?

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Richard Sternberg
Richard Sternberg
answered on Jan 10, 2024

It’s not a majority vote issue. If any owner wants to sell, they can petition for sake in lieu of partition. The attorney fees will be reimbursed from the sale. The only defenses are that the property can be partitioned or the tenant in residence gets the notice given to tenants. Get counsel.

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1 Answer | Asked in Civil Litigation and Civil Rights for Maryland on
Q: Who do i need to contact if i believe law enforcement is conducting unlawful surveillance that's beyond harassment?

Hello,

For the last year, I've been followed by a ridiculous number of vehicles. It was about 20 at first but it has increased to 30+ vehicles. They circle the block of my home day and night; on vehicles and on foot. Even some of the neighbors are helping them out at this point.... View More

James L. Arrasmith
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answered on Jan 2, 2024

If you believe you are under unlawful surveillance by law enforcement in Maryland, you should consider contacting a civil rights attorney. An attorney can help you understand your rights and may provide legal options for addressing your concerns.

Additionally, you might reach out to the...
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1 Answer | Asked in Civil Litigation and Libel & Slander for Maryland on
Q: I would like some more information about a possible defamation suit please if possible. Thank you

My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Car was picked up by Manufacturer's roadside assistance towing service. Manufacturer lost car. Can I sue for lost car?

Manufacturer has told me it is on AAA. But I did not contract with AAA. I got text and voicemail from Major manufacturer stating they towed car to repair shop. But car never arrived. It has been 10 days and AAA told me to report it stolen. I never got my personal belongings. My insurance... View More

Scott Scherr
Scott Scherr
answered on Dec 12, 2023

It is unclear whether your car was lost or stolen. If AAA lost your car while towing it, they would be liable for the fair market value of your vehicle, plus 6% sales tax, and tags. You may also be entitled to a rental car for a limited period of time. I do not know how they could lose the car. AAA... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Maryland on
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it

Hello.

So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: A family friend bought me car in his name , and i pay him monthly on the car for 1yr and now he want to report stolen

I have been paying the car for a year and because i was late one time and don't work for him anymore he said he will report the car stolen to mess my new job up . What are my options ?

Scott Scherr
Scott Scherr
answered on Oct 19, 2023

It is not theft if he allows you to use the car with his permission. However, he can demand the car back at any time since he is the sole person on the title.

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: In MD, how many plaintiffs are allowed for a small claims court case? Could my wife and I both be the plaintiffs?

My wife opened a checking account on my suggestion to receive a $400 bonus after 2 direct deposits are made within 90 days. Now the bank is refusing to provide the bonus. I want to file a small claim, but my wife is not interested in physically going to court. I would like to file a case with both... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

If the account was opened solely in your wife’s name, then only she can sue. The fact you’re married does not give you the right to sue as part of a “marital” claim. You have no standing or legal basis to proceed. The claim is your wife’s. She must sue on her own.

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: A person owes me money and stated a family member would pay but neither has can I sue both of them?
Scott Scherr
Scott Scherr
answered on Sep 28, 2023

You may sue the person that owes you the money. Unless the family members guaranteed the debt to you (which has to be in writing), they are not obligated to pay you despite the fact that they later told you they would pay. The statute of frauds states that any guarantee to pay has to be in writing.

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 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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2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: purchase a house 4-5 months prior to gf moving in & im the only one on the deed, when i sell do i owe her half proceeds?

I purchased a house in October of 2019 and im the only one on the deed/title. My GIRLFRIEND didn’t want to pay to add her name to it and she moved in February of 2020 and started paying on mortgage & utilities in March of 2020. Also it’s a few month where I payed myself. She is still my... View More

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

No. But if the girlfriend says there was an agreement that she was a co-owner and her payment toward the mortgage principal was her contribution toward ownership, then you may have a lawsuit, but her position would be very weak and unlikely to prevail.

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: I let my friend borrow my thumptack account. She used my name and email to get jobs. One of her clients is suing me!

Since she used my name I am the one getting sued what should I do!

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Defend the suit, file a third-party complaint against your friend. Since you probably don't know how to do this, you may need to pay a lawyer. If the amount of the suit is under $5,000, meaning it's a Small Claims matter, you may be able to defend yourself by filing a timely Notice of... View More

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Does a Motion to Seal, for Plaintiff's personal reasons, have to be served to the Defendant?
Scott Scherr
Scott Scherr
answered on Mar 24, 2023

Yes, any motion filed with the court must be served on the other side.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I am trying to file a lawsuit against retailers such as Walmart and Food Lion for harassment and profiling.

How do I go about filing the court documents?

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

You should consult a competent attorney with experience in the area of civil rights in public accommodations in or near the district where the conduct took place.

Expect a vigorous defense from these retail giants. Be sure to make the financial preparations to fund litigation of this...
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1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My work place threw away my $800 bike without proper notice how do I get what it's worth if they're resisting?

All of the bikes on the rack in our parking garage were thrown away, multiple other employees (including supervisors and some dept managers) were not aware. We found out after the fact that only the condo owners were sent an email to get their bikes if they don't want them thrown out. The bike... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

Claims not exceeding $5,000 in value may be filed in District Court as a Small Claims matter. The District Court complaint form is available as a fillable PDF document on the court's website, or a paper version can be obtained from the clerk's office. The rules of evidence do not apply... View More

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