services in Delaware, our home state.
answered on Jan 25, 2023
Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... Read more »
Can equitable tolling of the statute of limitations be applied to issues or claims that were incorporated in prior lawsuits that were eventually dismissed for other technical reasons?
answered on Jan 11, 2023
Maryland courts construe statutes of limitations strictly, and equitable tolling only will be applied to suspend the running of a statute of limitations if the defendant holds out an inducement not to file suit or indicates that limitations will not be pleaded. Otherwise, the time to file suit... Read more »
Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... Read more »
answered on Jan 9, 2023
No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... Read more »
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... Read more »
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... Read more »
If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?
answered on Dec 26, 2022
You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.
Can one Motion or Request to Seal be submitted for past multiple case filings by the same Plaintiff that has the same presiding Judge?
answered on Dec 19, 2022
Possibly, if they are all interrelated, but if they are distinct separate cases, you should file a separate motion for each separate case number.
Wouldn't this be a breach of the proposal/contract?
answered on Dec 12, 2022
In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... Read more »
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.
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... Read more »
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
local law enforcement, what else can I do? The amount is over $5000.
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 »
Over $ 5,000 and I would like to put a lien on the property
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 »
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 »
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.
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.
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.
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.
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 »
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 »
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 »
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 »
I also wanted to know how long it takes for charges to go to court
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 »
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 »
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