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Maryland Uncategorized Questions & Answers
0 Answers | Asked in Uncategorized for Maryland on
Q: For legal name change for adult, do you need the copy of either drivers license or birth certificate to be notarized?

Legal name change of an adult - non marriage or divorce

1 Answer | Asked in Uncategorized for Maryland on
Q: I’m looking for a lawyer, but I don’t know what practice area they need.

I’m being sued by a construction company for nonpayment of a bill. They are billing me for work and materials they didn’t do and they did not buy I do have proof and evidence of this, but since the construction company got a lawyer, I do not feel comfortable going on the stand by myself. What... View More

James L. Arrasmith
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answered on Jan 25, 2024

For your situation, where you are being sued by a construction company for nonpayment and there are disputes over the work and materials, you should look for a lawyer who practices in contract law or construction law. These lawyers are experienced in handling disputes related to construction... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can MVA come on private property and take your plate off of your vehicle?

They came on my property. My vehicle has insurance and they took my vanity tags off of my truck.

Scott Scherr
Scott Scherr
answered on Oct 9, 2023

If your tags were expired, they can retrieve your tags. I assume you did not have a "no trespassing" sign on your property. Absent a "no trespassing" sign, someone can come on your property and retrieve something that they are entitled to take.

1 Answer | Asked in Uncategorized for Maryland on
Q: As co-owner of a vehicle can the other owner come take it

If a tree falls on my truck an I own my truck, and my dad says he will help me out. And says he will go get a loan and help me, He does. We go to the bank and both signed the title an loan amount for $15,608.10. his name is first on the loan and title. Can he just come and take the vehicle. While... View More

Scott Scherr
Scott Scherr
answered on Sep 28, 2023

Since you both own the truck, he had the right to take the vehicle. You both have equal rights to the vehicle. Since you are both on the title, the title cannot be transferred unless you both agree.

1 Answer | Asked in Uncategorized for Maryland on
Q: Of I bought my girlfriend a car and she don’t transfer everything over to her name what do I do we are ending it
Scott Scherr
Scott Scherr
answered on Jul 24, 2023

If the car is only titled in your name, you can sign the title over to her. She has to agree to retitle the car in her name.

If there is a loan on the car and your name is on the debt, the bank is not going to allow your name to be removed from the debt. She would need to refinance the car...
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1 Answer | Asked in Uncategorized for Maryland on
Q: My vehicle was towed in to shop and now it has more wrong with it then when I took it there. “Engine noice” didn’t befor

This past Thursday I did a oil change like normal to save cost everything was fine then all as sudden car dies in middle of street so I tried to jump and texted battery then decided to get it towed to closest shop after getting it there they called me a week later stating that it’s the starter... View More

Scott Scherr
Scott Scherr
answered on May 25, 2023

You can make a claim against the shop or sue them if you can prove that they caused the damage to your car. You would need a mechanic to examine the car and determine that the shop damaged your car, how they damaged it, and the cost of repairs. If you file a lawsuit, you would need the mechanic to... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: How to get our money back from a dentist that stopped working because of a heart attack?

My wife paid for all the prep work towards the main procedure and also an additional $8,000.00 for the rest of the procedure. She went to this dentist because of his reputation for being excellent at his job. Now that he is not coming back to his office my wife wants her money back to go somewhere... View More

Scott Scherr
Scott Scherr
answered on Jan 12, 2022

She is entitled to a refund of all of her money with the exception of the fees for the prep work. Often times when a health care provider is no longer able to work, another provider takes over the practice. You should inquire about that. You can ultimately sue for a refund of your money or complain... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: What are the rules governing proxy votes for HOA Board of Directors? Can a resident be a proxy for another resident?
Mark Oakley
Mark Oakley
answered on Nov 17, 2021

Pursuant to the Maryland Homeowners Assocoation Act, Real Property Code, Section 11B-113.6(c)(iii), "Lot owners who are not present at the meeting may: 1. Vote by proxy in accordance with the requirements of the governing documents and this title; and 2. Be considered present for quorum... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: What is the process to put a lien on an individuals investment property?

I am a mtg broker. I brokered a loan for an individual on a commercial office space. Halfway through the loan process she requested to pay me "outside" of closing. This is not common practice. She made up a lame excuse that she likes to use different accounts for different payments.... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2021

You will need to sue her and obtain a judgment first. The judgment, upon it being entered in the circuit court having jurisdiction where the property is located, will become a lien against the property. There is no way to place a direct lien against the property except by a written instrument... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can undefined weapons become weapons if used in self defence?

Any object may fit the definition of a weapon if carried or used with intent to injure. But what if one carries an object such as an axe, intending to harm others if necessary in self defence? Will he be allowed to continue carrying it, or be prosecuted for malicious intent?

Mark Oakley
Mark Oakley
answered on Oct 5, 2021

Nobody is a mind reader. Intent to use an object as a weapon is something that is determined based on the facts. Of course, openly declaring or admitting your intentions can and will be used as evidence against you. A person carrying an ax is not committing a crime if that is all they are doing.... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can and should I file a suit for a lawyer placing a charge on my account because they got the wrong person?

My father and I have the same name just Sr and Jr difference, we used to live at the same address but no longer. The collection lawyer was looking for him and got my online checking account that I use for my personal and eBay sales. I spoke to the lawyers who did this and was told they would fix it... View More

Mark Oakley
Mark Oakley
answered on Oct 5, 2021

By rule, you had 30 days to file a written objection in court to the garnishment of your account. Separately, creditor potentially faces liability under both the federal and Maryland fair debt collection practices acts if they do not promptly remedy their error, and may be liable to you for civil... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My car was taken for a joyride, vandalized and returned to my parking garage. My ex has the key. Can I press charges.
Mark Oakley
Mark Oakley
answered on Sep 29, 2021

If you have evidence of who took your vehicle beyond mere suspicion and conjecture, then yes. I suggest you look into changing the keys and locks for your vehicle.

1 Answer | Asked in Uncategorized for Maryland on
Q: What do I have to do to get power of attorney for my husband who was diagnosed with dementia last year
Mark Oakley
Mark Oakley
answered on Sep 21, 2021

If he’s mentally competent, and that can be a day to day thing with dementia, any lawyer can draft the POAs you need. There are two: a durable general financial power, and a healthcare power for medical decisions. Make sure you have ones compliant with current law and statutes, or you will find... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: My ex husband got a second mortgage on the house I was granted living rights and put his new wife on the deed. He is now

deceased. Was that legal for him to do as that was our marital property/

Mark Oakley
Mark Oakley
answered on Sep 21, 2021

Ex-husband means there was a judgment of absolute divorce. The judgment either addressed the issue of ownership and division of the house or it did not. Your post suggests you do not understand what your judgment says about this issue. If there is no property settlement agreement dealing with it... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Is it worth the time and money to take legal action against a person who owes me $8,000 ?

I lended her the money 5 years ago, out of goodness of my heart. She was a coworker who was going through a difficult time. According to her, her husband lost is job etc

She begin right away to pay me back. I have only received $350. She left the company in which we both worked. I have... View More

Mark Oakley
Mark Oakley
answered on Sep 3, 2021

You need to first determine whether the statute of limitations has run already, and that starts with determining which SOL applies, and the date it starts to run from. Based on your description, the SOL can either be 3 years of 12 years. The only way it can be 12 years is if the promissory note... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Are home buyers obligated to share with the seller a disruptive family member will be inhabiting the home?

A family with an autistic child purchased the townhouse next door and the noise from the child through the common walls is quite loud, unsettling and highly disruptive. I believe that as a seller, I need to disclose problems or nuisances in the neighborhood such as loud neighbors or ongoing... View More

Mark Oakley
Mark Oakley
answered on Aug 15, 2021

Maryland law gives to two options: (1) disclaim any representatitions as to the home and sell "as is"; or (2) fill out the residential disclosure form. Selling "as is" does not get you off the hook for latent defects in the home that would not be discoverable by ordinary visual... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can an adult coach reach out to my 13 year old child without my consent? This adult direct messaged my son on Instagram

My 13 y/o son doesn’t follow this man, the coach just reached out to him without our parental consent and he’s a convicted felon on top of it. Am I onntje position to file a legal complaint and suit against this person.

Mark Oakley
Mark Oakley
answered on Aug 9, 2021

If he is the coach of your son's team, then there may be a reasonable explanation for the texts. If the contents of the texts are inappropriate, or unrelated to the team your son is on and appear to be an effort to "groom" or entice your son into a relationship outside of the team,... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Can a sheriff threaten to put me in jail and have me evicted because I don’t know where a wanted person is?

The person is legally my husband we are currently separated. He has a parole retake warrant that they are trying to serve and they have been to my house twice the last time they came they pushed my door open as I was answering and told me I’d go to jail too. I have three children and he left me a... View More

Mark Oakley
Mark Oakley
answered on Jul 24, 2021

Three observations: (1) if you are harboring a fugitive (e.g., he's living with you and you are allowing him to hide out and conceal his whereabouts), or you are secretly providing him money and a car, etc., then you could be charged criminally for doing those things; (2) you are under no... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: Is there anything that can be done or it will be all for nothing again?

When I was 13 yes old in Puerto Rico, I had my biological father go to court for abuse and molesting. My sister as well. There’s a lot more but I don’t want to say it here. Nothing was done, he still free like nothing happened. We want to know if we proceed with the case now that we feel kind... View More

Mark Oakley
Mark Oakley
answered on Jul 17, 2021

If all the acts of your father occurred in Puerto Rico, the the law in Puerto Rico determines what you can and cannot do. Many states and jurisdictions have enacted laws giving victims of sexual abuse the right to sue their molesters many years after they turn 18. Whether you are within the statute... View More

1 Answer | Asked in Uncategorized for Maryland on
Q: What’s the absolute latest you can get a abortion in Maryland?
Mark Oakley
Mark Oakley
answered on Jul 4, 2021

Contact an abortion clinic or doctor who regularly performs abortions. They are very well versed in the law and what is permissible. There is no one-size-fits-all answer. Generally, Maryland law states that abortions can be performed after or at viability if there is a fetal anomaly or the... View More

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