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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: In MD we were told that all we needed was the death certificate to sell a car that 2 people owned

Someone else told us that we needed a letter of administration is that true?

Mark Oakley
Mark Oakley answered on Oct 22, 2021

Most car titles are held jointly, with right of survival, meaning if one owner dies, the surviving owner becomes the sole owner. That is the default ownership status if not otherwise stated. The proof you need is simply the death certificate in that scenario to prove the one owner is deceased.... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law and Civil Litigation for Maryland on
Q: My mortgage company refuse to sign my insurance claim check and sent the check back with no explanation.

I live in Maryland

Mark Oakley
Mark Oakley answered on Oct 14, 2021

You cannot expect a response that will help you in any meaningful way without providing facts, details and context. Start with stating what you received an insurance check for, why it was sent to your insurance company, and the reason the insurance company sent it back to you. If you don’t know... Read more »

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for Maryland on
Q: . He's had 3 attys . They asked to be striken. He won't cooperate ,md court , what does plaintiff's exhibit mean

We have many assets . 3 businesses.a classic car collection. Ect. He's failed to put in discovery

My atty has asked for 2nd motion for sanctions

What's this mean

Mark Oakley
Mark Oakley answered on Sep 23, 2021

Ask your lawyer. This is what you are paying for: legal advice and counseling.

1 Answer | Asked in Criminal Law, Child Custody and Civil Litigation for Maryland on
Q: If I had a criminal charge expunged, can the police report

from the incident that led to my arrest be used as evidence in a civil hearing?

Mark Oakley
Mark Oakley answered on Sep 18, 2021

No. First of all, the contents of a police report is hearsay, so unless the report has some non-hearsay evidentiary purpose, it will not be allowed over your objection even were the case not expunged. The police officer who wrote the report can be called to testify as to matters over which they... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Construction Law for Maryland on
Q: I hired a window installation company to replace windows. Unbeknownst to me, they used subcontractors.

1. I would have never hired a company to subcontract. Can they do this if it wasn't in the contract?

2. The original window installation company continues to refuse to provide a lien release from the subcontractors. Again, and again.

Is there any way to force them to... Read more »

Mark Oakley
Mark Oakley answered on Aug 11, 2021

If the contract does not prohibit it, they can use subcontractors. Why do you need a lien release? Have they filed a lien? It is unlikely that a window replacement contract would be a large enough percentage of your property value to qualify for a mechanics lien. Why have they sued you? Not enough... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My sister refuses to give my cat back. I have microchip, breeder contract when bought . How can I get him back?

She agreed to holding him until I got a job and back on my feet and can pick him up after. But now she has blocked me everywhere and just absolutely will not communicate or return him. He is a $2000 sphynx.

Mark Oakley
Mark Oakley answered on Jul 4, 2021

File a District Court complaint for "replevin", a form of action to recover property that belongs to you from a person wrongfully holding it. The complaint forms can be downloaded from the court's website, and are fillable PDF documents; or, you can obtain paper copies from the... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Collections and Health Care Law for Maryland on
Q: I'm being sued by a doctor who did my surgery 3 years ago.

Three years ago I had my gallbladder removed. At the time I had only recently been approved for Medicaid, but didn't have an insurance card or anything like that. A couple of weeks later I got my insurance card in the mail. So, I brought it into the hospital and explained to them how I had not... Read more »

Mark Oakley
Mark Oakley answered on May 23, 2021

You have two issues: (1) whether you were covered by Medicaid at the time of the surgery, and if so, whether you provided your Medicaid information and met the conditions of coverage--and the doctor submitted their request for payment--within the time frames required; and (2) whether the doctor... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for Maryland on
Q: I have a tint medical exemption, can i get a license plate that states that or an official decal 2 avoid cop pull overs?

If I have a medical exemption that allows me to have 5% tint on my car windows, but I want to avoid the inevitable - being pulled over left and right by police officers because of my tint just to end up showing them my medical exemption, but I still end up late, harrassed, perhaps with a ticket for... Read more »

Mark Oakley
Mark Oakley answered on May 16, 2021

Petition the MVA to adopt a regulation that allows the MVA to create and issue a decal you can affix to the exterior of the car notifying the law enforcement that the vehicle owner has a certified medical waiver for tinted windows. It would have to have an expiration date corresponding to the... Read more »

1 Answer | Asked in Civil Litigation, Products Liability and Lemon Law for Maryland on
Q: You I bought a car a month ago. I went to a dealership. Since buying the car it has broke down on me 3 times,

I’ve had multiple issues, major issues. The car was as is but i did purchase a warranty. The dealership refuses to even talk to me. I asked for a CARFAX report and he says he gave me one but he didn’t. He refuses to give me one, i ended up buying one. What legal rights do i have?

Michael Wilson McGraw
Michael Wilson McGraw answered on Apr 22, 2021

You should seek counsel familiar with Maryland’s Lemon Law. It is tricky but I have found that once counsel gets involved, the buyer gets a response. Again there are certain procedural and timing requirements that competent counsel can assist you with.

1 Answer | Asked in Civil Litigation, Construction Law and Insurance Bad Faith for Maryland on
Q: Insurance breached settlement agreement. WHY?

Why would a insurance company breach a settlement agreement?? I settled a property damage claim with an insurance company. Property damage 60k Personal property also 60k. Under the settlement agreement they had to do work on my condo to make the condo watertight, hiring an engineer for... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

If you do not have an attorney, then I certainly recommend that you hire one at this time to assist your in either enforcing the settlement agreement and/or reaching an alternate resolution-----a lot of times the insurance company will not proceed accordingly without an attorney on the other side.

1 Answer | Asked in Consumer Law, Criminal Law and Civil Litigation for Maryland on
Q: can I file a counterclaim in a replevin case?

someone has filed a show cause against me. this person has access to their property but has not taken it. the items are in a storage unit in my name that they were to pay for but haven't for 6 months. now they are refusing to pay and filed a replevin for the items.

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Roommate not on lease leaving without notice.

I stay in a 2 bedroom apartment with 2 flatmates in Maryland. K and N split a room between themselves and I stay in the smaller room. N and me are on the lease and K was supposed to be added. The request was made to the leasing company, K abruptly announced that she is leaving (without finding a... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 29, 2021

As to the roommate on the lease, you have some options. If she abandons the lease, you would have legal recourse to sue her for damages incurred (ie. her half of the rent).

As to the other one... that's a lot trickier, as she's not technically on the lease, which means you would...
Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Mark Oakley
Mark Oakley answered on Feb 22, 2021

You sue in Kansas, in the court having jurisdiction over the location of the Walmart involved; or you can sue Walmart in Arkansas in the county where it has its corporate headquarters (not recommended). You need a Kansas lawyer in the county (or nearby) where the Walmart store is located, who... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can I audio record on public property, regardless of the two-party law?
Mark Oakley
Mark Oakley answered on Feb 22, 2021

In Maryland, you need the knowing assent of all parties to record audio, regardless of the location.

1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley answered on Feb 17, 2021

Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: In the state of (Maryland) , what is the penalty if the person who filed a restraining order then violates it.

If the person who files for the order then makes contact with the person they filed against. And furthermore that the contact continues and is mutual / consensual.

Mark Oakley
Mark Oakley answered on Jan 25, 2021

The restraining order is only against the person the order is issued against. It is not against the person who filed. Only the person it is issued against can violate it, not the person who filed it.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: Can a pawn shop lie about the value of the item I’m selling them, and then sell it for 3x the amount?!

I sold a computer to a pawnshop that said AT MOST they could sell it for 1200, so they gave me 650. I just saw the computer listed, and sold by them, for 2200. They deliberately lied to me, and undervalued my product.

Mark Oakley
Mark Oakley answered on Jan 17, 2021

You do not have a claim for this. The buyer/pawn shop has no duty to tell the truth about what they believe the value of your property is worth. As the owner and seller, you should know or be capable of researching the fair market value of your property before you sell it. Also, pawn shops are... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: My husband and I are separated. I am still in the house, and want to sell it and split the proceeds. He will not.

I am not safe emotionally or physically living with him. I am willing to move out, but cannot afford to live on my own, and he refuses to sell the house. Both our names are on the deed, but only his on the mortgage. He tried to re-finance and buy me out but was refused because he has quite a lot... Read more »

Mark Oakley
Mark Oakley answered on Jan 13, 2021

Hire a divorce lawyer. File for divorce. if grounds are not yet established for an absolute divorce, file for a limited divorce. Request pendente lite support and maintenance (pendente lite means an interim order pending final determination at a trial). If you have minor children together, you... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for Maryland on
Q: I violated Transportation Article Section 16-113 (f) of MD Vehicle Law and got a 1 year suspension, is this ethical ?

I was in an accident with my learners permit by myself on 2/02/20 and my court date was originally in March but was pushed back more than five times before I got one on 9/30/20 and the judge reduced the fines and the penalties but I found out on 11/23/20 that my suspension would begin on 12/08... Read more »

Mark Oakley
Mark Oakley answered on Dec 13, 2020

Yes, request a hearing, otherwise you will be suspended 12 months. The Administrative Law Judge may reduce the suspension period, or you may be able to defend the suspension and avoid it entirely. It isn’t a matter of ethics. You drove on a learners permit without supervision and caused an... Read more »

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....
Read more »

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