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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: I live in Maryland and was scammed by someone from Texas. I have his residential address. Once I file police report with

local law enforcement, what else can I do? The amount is over $5000.

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

You can file a civil suit in Maryland, or in Texas. Getting a judgment awarded is one thing; collecting it is another. If the scammer is in Texas, you will almost certainly have to enforce the judgment in Texas if that is where he has his assets. In a criminal proceeding, the judge can order... Read more »

0 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: I need to get out of my lease ASAP!

Hello I live in Baltimore county Maryland and moved into our current apartment in August 2022. Since we moved and we’ve had so many issues. Our living room flooded probably from a foundational issue (We’re on the ground floor). The leasing office basically told us that it’s a wait-and-see... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: I need legal representation regarding a failure to disclose underlying conditions case. Thanks
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2022

A Maryland attorney could advise best, but your question remains open for four weeks. In addition to your own searches, you could try the tab above, "Find a Lawyer." Additionally, many state bar associations have attorney referral services. Good luck

1 Answer | Asked in Civil Litigation for Maryland on
Q: Small business did some subcontractor work for a General contract and they have not paid me and have gone ghost .

Over $ 5,000 and I would like to put a lien on the property

Mark Oakley
Mark Oakley
answered on Oct 25, 2022

Assuming this is contruction on real property, if it is a private residence then the dollar value of the entire project (of which your subcontract is a part) must be equal to or greater than 15% of the value of the property itself or you cannot assert a mechanic's lien. You must first serve... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I recently stayed at an Airbnb and am being wrongfully accused of smoking in the property. How do fight this?

Property owner has a “smoke detection” device and claims that smoke remediation was needed, which they are charging us for. Again, none of us smoke so this is impossible.

Scott Scherr
Scott Scherr
answered on Aug 25, 2022

If they attempt to charge your credit card, you should dispute the charge. If they try to bill you for it, you can refuse to pay it. If they sue you for it, you can have a trial to decide the issue.

1 Answer | Asked in Civil Litigation for Maryland on
Q: How to get information on doing a publication by a newspaper to properly file a motion for alternate service?
Mark Oakley
Mark Oakley
answered on Aug 16, 2022

First, you only file a mtion for alternative service of process when the normal methods of service of process on the defendant, despite good faith diligent attempts, have failed, and renewal of summons for similar future attempts would be impractical or unlikely to succeed. The usual reasons for... Read more »

1 Answer | Asked in Civil Litigation and Municipal Law for Maryland on
Q: How long do I have to legally hold my exes belongings before I can get rid of the stuff?

I live in Hagerstown Maryland and my ex left some of his belongings in my apartment and he was not on the lease. It has been 50 days and I have asked him numerous times to get his belongings and he has not come to get it.

Mark Oakley
Mark Oakley
answered on Aug 16, 2022

Assuming there is not some other written agreement or court order that specifically addresses the issue, you should send a final, written notice by any (or multiple) means likely to reach your ex, that he must make immediate arrangements with you to pick up his belongings at a mutuall agreeable... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: If unable to locate business resident agent, is it acceptable service to the General Counsel's Office?
Mark Oakley
Mark Oakley
answered on Aug 3, 2022

Maryland Rule 2-124:

(d) "Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Is an express waiver of federal government sovereign immunity done only by statute(s)?
Mark Oakley
Mark Oakley
answered on Jul 19, 2022

I am unaware of any statute or court opinion that permits a non-specific statutory basis for waiving sovereign immunity of any government, be it local or federal. No elected official, appointee, employee or other agent acting on behalf of the government can, through their individual acts or... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: I wanted to know if you could cancel charges already in process, and if the person being charged could charge you back

I also wanted to know how long it takes for charges to go to court

Scott Scherr
Scott Scherr
answered on Jul 14, 2022

Once charges are filed, only the State's Attorney can drop the charges. The victim has no control over the charges. The victim can tell the State's Attorney he or she wants the charges dropped, but the State does not have to follow the victim's wishes and often does not.

The...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Do the court provides an Oath taker and Court Reporter that is certified with the courts?
Mark Oakley
Mark Oakley
answered on Jun 28, 2022

In proceedings like trials and merits hearings where testimony is being taken by the litigants or witnesses, all persons testifying are sworn under oath by the clerk seated to the side of the judge prior to testifying. Court reporters have been replaced with electronic recordings using sensitive... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: in the graham v. connor did the supreme court find in favor of graham or connor
Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Graham.

1 Answer | Asked in Civil Litigation for Maryland on
Q: In general, when filing Maryland court cases, how can one request that a civil case simply be kept private?
Scott Scherr
Scott Scherr
answered on May 23, 2022

You would need to file a motion to seal and show the reasons why the file and all pleadings should be sealed.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... Read more »

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... Read more »

3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 28, 2022

I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: I filed a writ of mandamus in circuit court but the case is still open because the other party couldn't be served as

they didn't leave a forwarding address. When I called the circuit court the clerk informed me I need to contact a lawyer to find out what I need to do next.

Mark Oakley
Mark Oakley
answered on Mar 24, 2022

You must either locate and serve the defendant, or meet the requirements to support a motion for issuance of an order allowing "alternative service" (which can include mailing to the last known address, posting notice in the courthouse, etc.). To qualify for alternative service, you must... Read more »

1 Answer | Asked in Banking and Civil Litigation for Maryland on
Q: What quailifies somone as a convinice oerson on a joint account. Does it have to be expressly stated?

Can the role of convenice person be presumed based on who added money to the account and how it was used if nothing was expressly stated in the account agreement?

Mark Oakley
Mark Oakley
answered on Mar 19, 2022

If two person's names are listed as joint account holders, and there is no designation otherwise, the law presumes the account is joint owners with right of survival, and both account holders have equal access to the funds from the bank's perspective. However, if there is an agreement... Read more »

2 Answers | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: Encroachment I have a survey with where my property starts and it ends and it ended over my neighbor’s fence

I have pictures and a video showings when the surveyor was doing the work he put a stake in her yard she has now removed the stake twice and will not remove here fence I am mailing her a letter giving her a copy of the survey and asking here to remove here fence within 30 days from the date on... Read more »

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 17, 2022

Good for you, to be proactive! If she doesn't respond you can remove the fence. If you want to avoid a possible confrontation, or escalation of neighbor dispute, you might consider an action for trespass/ejectment in the Circuit Court.

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