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Maryland Civil Litigation Questions & Answers
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 »

1 Answer | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Can I end my lease early due to harassment and threats from the property manager?

I have a two year lease and the property manager has taken a hostile manner to address issues. She has even threatened that if rules aren’t followed people can die and if I invite my boyfriend over she will call the cops and have him arrested for trespassing.

Richard Sternberg
Richard Sternberg answered on Feb 10, 2020

The landlord is required to give you quiet enjoyment of your leasehold, but you are required to comply with the terms of your lease. It might be wise to coordinate your strategy and fact-documenting with a lawyer, because a judge is not going to believe that you are getting out of the lease for a... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I am looking to hire an attorney to help me with admission to Maryland Federal Court. I am admitted in NY Fed Court.
Joseph D. Allen
Joseph D. Allen answered on Jan 29, 2020

If you mean pro hac vice, that is simple enough. Regular admission requires some work by the sponsor if they don't know you:

Each applicant to the bar must be sponsored by an active member of this Court’s bar. The sponsor must know the applicant for at least one year. See Local Rule...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: Hi I need a lawyer to contact me about advice on puppy lemon laws in Maryland!

Hi I'm looking for advice on lemon laws in Maryland. I bought a german shepard puppy on January 8th for 650$ from Oldtown, MD. Not 2 days after having the puppy she started passing full size worms and was seen and cured at the vet. 3 days later the worms came back and she had to be... Read more »

Mark Oakley
Mark Oakley answered on Jan 19, 2020

Worms are common with puppies, and with medication will likely all be gone by the time the dog is 6 month old. The medicine only kills live worms, not those embedded in their egg shells inside the puppy ‘s tissue, which are passed to the puppy in the womb by the mother dog. Therefore, if there... Read more »

2 Answers | Asked in Civil Litigation for Maryland on
Q: What is the statue of limitations in Maryland for an unrecorded deed

My father brought a house with his first wife, he divorced and married my mother, when he died his name and his first wife name was on the title. My mother brought his ex wife half. Now my mother has died and my father name is still on the house. I was told me his daughter had the same rights... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Your father’s half interest passes according to his will, or if none, then to his heirs at law. So, a lawyer would need to know if your dad had a Will, and what it says; or alternatively, whether you are your father’s sole biological child, or if you have siblings, all of whom are entitled to... Read more »

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1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Maryland on
Q: Where can I find a lawyer that can assist me with writing a brie? I would like to know If I am able to sue?

Hello My name is Ms. Freeland, At the moment I am writing a letter to show cause of why my case should not be dismissed before 11-15-2019. My main concern is finding Assistant writing a brief by December 2, 2019. I am not looking for representation. My case is base on the CPS Indicated child abuse... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Your question would best be handled by a family law practitioner in Maryland, but if you need a brief by December 2nd, time is of the essence. If you are seeking a brief writer, you could search online for legal brief writers. This is a very narrow area - there are attorneys who hold themselves out... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: MD Law CR 4-102. Would "possess" include a weapon locked in a container in your car in the parking lot?
Mark Oakley
Mark Oakley answered on Sep 24, 2019

A person may have actual or constructive possession. "Actual" means on your person or in a bag you are holding. "Constructive" means it is in such proximity that you have immediate access to it. Ordinarily anything in the passenger compartment of a vehicle is in the... Read more »

1 Answer | Asked in Employment Law and Civil Litigation for Maryland on
Q: How do I protect myself from being sued by company staff for recording scheduled meeting without permission? my rights?

I was not aware you could not record for meetings so you can capture meeting notes. not a fast note taker and it was illegal. I was fired for doing it.

Joseph D. Allen
Joseph D. Allen answered on Aug 16, 2019

Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.

1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Maryland on
Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: How can I get an attorney to accept my case and ask fir attorney fees

After beating an altunitive judgement. We went to a scheduling conference. The judge told the defendant. The USPS, it would be in their best intwrest to settle this case. My then attorney asked me to rais the amount. I did but whe. The opposing attorney asked the amount to come down. My attorney... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

Your question is unclear. Your best bet is to keep calling around and interviewing attorneys until you can find one to take your case.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Civil Litigation for Maryland on
Q: Does american law apply to maryland; does losing party pay?
Mark Oakley
Mark Oakley answered on Jul 24, 2019

You mean, the “American Rule”, which is not really an actual rule or law, but simply the common law concept that, in the absence of a statute or contract provision that provides otherwise, each party to a lawsuit pays their own fees. Yes, that is the “rule” in Maryland. There are some... Read more »

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