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Maryland Small Claims Questions & Answers
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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1 Answer | Asked in Environmental, Health Care Law and Small Claims for Maryland on
Q: Hi can you sue someone a free they knowingly let you in their house with flea infestation
Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Unless they intentionally planned to cause you to be infested with fleas without your realizing it, for some malicious reason or purpose, and you can prove that, then no. Same goes for suing someone because you caught a cold or the flu from them when they knew they were sick but failed to warn... View More

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

1 Answer | Asked in Consumer Law, Small Claims and Bankruptcy for Maryland on
Q: How can I stop a garnishment (auto loan) that is causing me a hardship and the court is 3 hours away from me.

I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.

1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: The law implies that it’s only “Highways” that you can’t pick up and drop passengers, so on any other road it’s okay?

If someone were to he picked up on a backroad or any other road other than a highway and then driven through the highway and dropped off on another back road, is that still legal?

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the...
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1 Answer | Asked in Small Claims for Maryland on
Q: Loaned money to a friend , have details in texts, has not paid me back in 8 months, what can I do?
Scott Scherr
Scott Scherr
answered on Mar 7, 2023

You can sue your friend for the money due. It is your only remedy if he will not pay voluntarily. If you sue him, it may end your friendship.

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

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... View 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 Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... View More

1 Answer | Asked in Small Claims, Criminal Law and Personal Injury for Maryland on
Q: How do I pursue legal action against someone who stole my phone and send money to themselves

I tried to dispute the charges twice with my bank and they denied me saying I didn’t have enough proof but I sent them screenshots of me putting my phone in lost mode, text messages from the person saying they took it

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

You need to go to the police, file criminal charges if you know who the person is, or at least get a criminal report filed and a copy of it that you are the victim of a crime. You give that criminal investigation report to the bank to prove the phone was stolen and your account illegally accessed.... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: Hi, my roommate (ex) moved out of our mobile home, which is in my name , without notice and left belongings. How long

How long until I can get rid of them. Only my name is on the house or lease and I live in Maryland. He also left with unpaid rent, electric and water.

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

To be safe, send/serve him with written notice that he make reasonable arrangements within 30 days to come pick up his property, or failing that, you will deem the items to be abandoned property and will dispose of them in any manner expedient to you. Take photographs of the items, so as to make a... View More

2 Answers | Asked in Small Claims and Contracts for Maryland on
Q: Sold someone a graphics card on ebay. He contacted me a day later said its broken he now wants a refund.

He came to my house he tested it he said everything was fine he paid with cash. A day later he contacted me saying that after prolonged usage he can see artefacts on the screen something that has never happened to me. He asked for a refund but instead i just told him that I can send it for reper... View More

Mark Oakley
Mark Oakley
answered on Oct 23, 2022

You need to carefully read over the ebay terms of service and obligations between buyers and sellers, as that is a contractual matter as to what terms you bound yourself to in the sale of items over that platform. Under normal circumstances, unless you knowingly misled the buyer with a false... View More

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2 Answers | Asked in Bankruptcy and Small Claims for Maryland on
Q: Can I sue a person whose BR case was dismissed w/o prejudice?

I filed a small claim, but my case was put on hold b/c the person filed for BR. However, she did not list me on the creditors matrix. Her case was dismissed w/o prejudice in 2020. Will she be able to refile BR if I reopen my small claim agains her?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 6, 2022

The effect of a dismissal of a bankruptcy case is as if it had never been filed in the first place.

Yes, she'd probably be able to file again ("changed circumstances"), but your small claims case will almost certainly not be the reason why if she does.

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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Maryland on
Q: Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase. What do I do??

Trying to buy a Service Vehicle: Car got loaned out while I am waiting to finish the purchase.

I went to buy a service vehicle from Annapolis Hyundai. I liked the car decided to continue with the purchase. I signed a printed paper with the cars VIN, price, and other details. No sentences... View More

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Express your dissatisfaction to the sales manager; ask for a discount for the extra miles and wear and tear on the car; or cancel the purchase if whatever you signed allows you to cancel (it is unclear whether you signed a binding contract to purchase or not). Maybe ask to purchase a different car... View More

1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: What are the charges for low value theft
Scott Scherr
Scott Scherr
answered on Feb 16, 2022

You can be charged with theft under $100.00 which is a misdemeanor and carries a maximum penalty of 90 days in jail and a $500.00 fine.

1 Answer | Asked in Small Claims for Maryland on
Q: Can I go to small claims court?

I had planned to go on a beach trip with my ex friend and her family in December. I gave my portion of the payment of $616 to my ex friend on May 4th. She told me at anytime I changed my mind, I could get my money back. I notified her October 13th I would not be able to go as some other things came... View More

Mark Oakley
Mark Oakley
answered on Nov 14, 2021

Her emailed response that she would refund you the money will help corroborate your claimed terms of the agreement that the money you paid was refundable at any time, but the "at any time" term is probably not one actually confirmed in the email--just that she would refund you the money.... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... View More

Mark Oakley
Mark Oakley
answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander
answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... View More

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