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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Maryland on
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it

Hello.

So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

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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2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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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

2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Mark Oakley
Mark Oakley
answered on Apr 4, 2023

I agree with Mr. Miller’s answer, but would add that the age of the child may play a factor in what may have been a more appropriate choice. As far as personal liability for the child’s parents making a claim for damages, there is likely no case there. As far as a negative employment... View More

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2 Answers | Asked in Personal Injury, Civil Litigation and Education Law for Maryland on
Q: Am I negligent?

I am a teacher. A student came to me in the last 15 minutes of the day and asked to go to the nurse and said that she thinks she hurt her arm at recess (we had just come in). The student’s demeanor did not appear to be stressed/hurting and there were no obvious indications of trauma. No... View More

Ronald V. Miller Jr.
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answered on Apr 4, 2023

I understand your concern. I think your chances of real liability here approach zero. First, your response was reasonable. The student's behavior and lack of visible symptoms could have led you to believe that the injury was not severe. Second, it is extremely unlikely that treating these... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: I am trying to file a lawsuit against retailers such as Walmart and Food Lion for harassment and profiling.

How do I go about filing the court documents?

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

You should consult a competent attorney with experience in the area of civil rights in public accommodations in or near the district where the conduct took place.

Expect a vigorous defense from these retail giants. Be sure to make the financial preparations to fund litigation of this...
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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 Civil Litigation and Criminal Law for Maryland on
Q: if a contractor or company doesn't pay for services and rental of equipment can we file criminal case for theft of

services in Delaware, our home state.

Mark Oakley
Mark Oakley
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... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can equitable tolling of the SOL be applied to issues that were incorporated in prior lawsuits that were dismissed?

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?

Mark Oakley
Mark Oakley
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... View More

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

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... View More

Mark Oakley
Mark Oakley
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... View More

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 Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
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... 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

1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: I need legal representation regarding a failure to disclose underlying conditions case. Thanks
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: I live in Maryland and was scammed by someone from Texas. I have his residential address. Once I file police report with

local law enforcement, what else can I do? The amount is over $5000.

Mark Oakley
Mark Oakley
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... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Small business did some subcontractor work for a General contract and they have not paid me and have gone ghost .

Over $ 5,000 and I would like to put a lien on the property

Mark Oakley
Mark Oakley
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... View More

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