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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: I was scammed out of $400 by people pretending to be a company (Direct Home Management.) can I do small claims court

The people are in Maryland; they scammed me over the phone. I am in Chicago. I have located name, addresses and phone numbers, and wonder if there is recourse for me to get my money back.

Leonard A Englander
Leonard A Englander answered on Nov 24, 2020

The short answer is: yes, but...

You can go and file a civil suit against them in MD small claims court. However, given the amounts in question, I doubt it's practically advisable. You will end up spending a lot of time and money (think airfare alone) for not a great deal of money....
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1 Answer | Asked in Civil Litigation for Maryland on
Q: In a civil conspiracy lawsuit, does the statute of limitations begin when the conspiracy occurred

Or when the victim discovered it had happened?

Mark Oakley
Mark Oakley answered on Nov 11, 2020

The later of: (1) date the plaintiff suffered harm or damage; or (2) the date the plaintiff discovered, or should have discovered in the exercise or ordinary diligence, that they suffered harm or damage. A civil conspiracy is a combination of two or more persons by an agreement or understanding to... Read more »

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: After 10 yrs of close relationship w my grandchildren their parents ar3 not allowing us to see them due to a dispute. I

They tried a restraining order but it failed. If i occasionally drive through their community to see my grandchildren is that stalking

Mark Oakley
Mark Oakley answered on Oct 6, 2020

The parents have absolute legal authority to restrict anyone from visiting with their children, absent some legal basis to have the children removed from the parents' care for health and safety reasons. Grandparents have no special status to enforce visitation rights. The one scenario where... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Can I file harassment charges against insurance adjuster for harassment (telephone and electronic)?

My roof was damaged during a storm. I called the adjuster (Travelers Insur.) and the adjuster stated I needed to go onto the roof. I stated I wouldn't do that. The adjuster then called me and stated he would come past the home and take pictures. The same adjuster called and stated he... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Sep 6, 2020

It's likely because there is not a lot of assistance available for the situation you described. An insurance company has a quasi-fiduciary and contractual obligation to adjust, investigate and ultimately resolve your claim. They do not stand in the position of a creditor.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I recorded A conversation with landlord without her knowledge.This occurred in Maryland.It was outside no expectation

of privacy. She was yelling at me on my doorstep and there were people in the neighborhood out and about. Although we were in public, we were on private property owned by the condominium that I live in.

Can I use this recording because there was no reasonable expectation of privacy as it... Read more »

Mark Oakley
Mark Oakley answered on Aug 20, 2020

The recording is illegal regardless of anyone’s expectation of privacy. Maryland is a two-party consent state when it comes to audio recordings. Period. If you admit to having made this recording (you posted this question on a public forum) you are admitting to committing a crime. In a civil... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can law enforcement enforce an executive order?

After talking with a chief of police in the state of PA, they told me that police cannot enforce an executive order as it is not a law. They said code enforcement and municipal authorities can but not police. Therefore how could one get jail time for violating an executive order?

Mark Oakley
Mark Oakley answered on Aug 19, 2020

You have asked this question under Maryland law, not Pennsylvania law. In Maryland, the state legislature passed a statute many years ago making it a misdemeanor offense to violate an executive order relating to a public health emergency. It carries a $1,000 fine and up to 1 year in jail. It is... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can an executive order have a fine for consequence?
Mark Oakley
Mark Oakley answered on Aug 19, 2020

Yes. Maryland law grants the governor broad authority to declare a state of emergency for 30 days, and the ability to renew the declaration every 30 days; and reserves to the legislature the authority to override the governor and terminate the declaration at any time. Separately, other state code... Read more »

2 Answers | Asked in Divorce and Civil Litigation for Maryland on
Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Maryland on
Q: Good afternoon. This is a mix of landlord-tenant and person injury. I'm from the state of Maryland. Here are the basics

a/c not working

2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2020

It depends on what exactly the libel, fraud, and intimidation were, what the surrounding circumstances were, and what damages you incurred.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Maryland on
Q: Questions lawyer asked for


Have you parenting classes

Have you completed anger management classes

Are you enrolled in substance class

Are you working how can n you provide for child

What are your daycare plans

Who can help you in case of emergency with child

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

These are discovery questions. They will help the attorney prepare their case. You should not ignore them simply because you do not understand them. If you fail to respond, the other attorney may file sanctions against you and ask the court to prevent you from entering evidence to prove your case... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jul 5, 2020

depending on the age of your vehicle and the extent of the property damage, you may have a civil claim against the opposing individual for diminution of your vehicles value. however, you have not provided sufficient information to comment on whether it is worthwhile to pursue such a claim.

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1 Answer | Asked in Contracts and Civil Litigation for Maryland on
Q: Professional Services Contract: Contractor from MD refuses to pay sub-contractor's Invoice because submitted 12 mo. late

Contractor in MD Refuses to Pay Sub-Contractor's Invoice for an overseas Pharma already completed consulting services project on the Excuse It Was Submitted 12 Months After Completion of Professional Services Work. Parties have signed Contract. Total amt ~ $100K.

Q1. What is the legal... Read more »

Mark Oakley
Mark Oakley answered on Jul 2, 2020

The general statute of limitations for commencing suit in Maryland on a breach of contract claim is 3 years, not one year, from the date of the breach/time money became due. The claim is not barred. Further, if this is a commercial project (not a home improvement contract or construction of a... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Real Estate Law for Maryland on
Q: Hello, what can I legally do to get the leasing office to deal with the many noise complaints I’ve sent in?

I work an over night job and my neighbor above me leaves his young kids in the house alone early in the morning around 9 am for multiple hours a day multiple times a day, I get in the house at 7 am and cannot sleep cause of so much noise over my head, I’ve sent video recordings of the noise,... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

If you have evidence of the noise being caused, and it rises to the level of disrupting your right to peace and enjoyment of your residence, you could file a nuisance complaint against your neighbor. The more evidence you have then the better. The judge would then decide based on the evidence... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can a university hire movers to move your belongings to ship, and allow them to dispose certain items?

This is without my consent

Tim Akpinar
Tim Akpinar answered on Apr 20, 2020

If the nation was not under the grips of a health crisis, you might have been able to check if your university's student handbook, bailment law, or other legal theories would have availed any rights to you here. But given the heightened sense of caution regarding anything suspected of carrying... Read more »

1 Answer | Asked in Criminal Law, Tax Law, Traffic Tickets and Civil Litigation for Maryland on
Q: Can I be sued for emailing a company factual statements about about their future employee?

I emailed the company about this person’s character

Eric Todd Kirk
Eric Todd Kirk answered on Mar 30, 2020

The essence of defamation is spreading untrue things about individuals that harm them. Truth is always a defense in any defamation action.

2 Answers | Asked in Libel & Slander and Civil Litigation for Maryland on
Q: Can I sue in Maryland for loss wages, attorney fee, emotional distress, slander, etc

Hi. I’m a 22 year old female who’s life was flipped

Upside down. My ex charged me with theft over 100k, embezzlement, and theft scheme after I broke up with him. I was indicted, arrested, and two years later my case was nolle prosequi.

My ex never told the state’s attorney... Read more »

Mark Oakley
Mark Oakley answered on Mar 29, 2020

Yes, you can sue. There are recognized "causes of action" that provide the legal basis for a recovery of damages (even though there may be several such grounds, you can only recover one set of damages). It's not so much proving the amount of damages, but collecting them if the... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Rule 10-104 district court of MD Serving the other party via email, is email good enough?

I submitted medical records and bills under rule 10-104, and other bills under rule 10-105. I submitted everything to the court more than 60 days prior to trial and sent to counsel for defendant as well more than 60 days before trial. The problem arises in that I sent it to counsel for defendant... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

Email is only permitted for service when filing through the Maryland e-file portal. All Maryland courts except Baltimore City, Montgomery and Prince George's are currently subject to the e-file system (meaning, it is mandatory for lawyers to use it, but non-lawyers are not required to do so).... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Defending my right to say hearsay testimony about what the employees of defendants told me. Maryland district court

I’m representing my self in district court in Maryland , I sued my landlord for mold. I did opening statements and gave testimony. But when I wanted to say what the employees of the defendant told me or what the remediation guys told me it was objected. I defended saying that it is one of the... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

In order to admit the statements of an employee of the defendant in the case as an admission against interest, you must first lay an evidentiary foundation for the admissibility of the statement. This requires that you first present evidence of (1) the identity (name) of the alleged employee; (2)... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Expert witn. in district court Maryland: How long before trial do I have to let defendants know about a new expert?

I started a trial representing my self and we ran out of time so we will continue in just 7 days. I was trying to enter a document but it was hard without expert, is it too late for me to bring an expert ? Also the defendant never gave me notice of his experts but I didn’t do discovery , do they... Read more »

Mark Oakley
Mark Oakley answered on Feb 11, 2020

You only have to answer interrogatories if they are served on you pursuant to the Rules, and if they asked about witnesses and experts, you need to provide the names and other information requested about them. If new information is learned after you provided your answers, it is your obligation to... Read more »

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