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Maryland Questions & Answers
1 Answer | Asked in Car Accidents for Maryland on
Q: My 16 yo was in accident. He received a citation for failure to stop. Should he plead guilty or not guilty in court
John Mesirow
John Mesirow answered on Jan 14, 2020

This was posted in the "Car Accidents" practice area. If you post it under "Traffic Tickets," you will probably get responses from attorneys in that practice area.

1 Answer | Asked in Traffic Tickets for Maryland on
Q: My 18 year old was driving without a license, at that time he did not even have his permit.

He has to go to court this week...does he need a lawyer?

Mark Oakley
Mark Oakley answered on Jan 13, 2020

It would be wise. Driving without a license is a jailable offense, which although may not be a likely sentence, depends on other factors like his past history. Also, a conviction will seriously set back the time frame for his obtaining a license, and will result in 5 points. So, yes, a lawyer in... Read more »

2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
Eric Todd Kirk answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... Read more »

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1 Answer | Asked in Real Estate Law for Maryland on
Q: Police states unable to press charges on a person who place a false lien on my property in 2002. States the time frame.

The state did not notify me a lien had been placed on house. All documents are fraud. False notary documentation. The lien occurred in 2002. Did not find out until title search was done for refinancing home. Awaiting court date. Sheriff unable to serve the trustee. Saving first mortgage... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The person who filed the false lien can be held accountable if you can find him or her. You do not provide sufficient details to allow a better answer.

1 Answer | Asked in Contracts and Landlord - Tenant for Maryland on
Q: My lease expires at the end of the month. I am purchasing a house.

I live in an apartment in Montgomery County. My lease expires at the end of the month. I am purchasing a house.  I gave the Managment company 40 days notice.

They called stating a 60 day notice is required, so I have to pay another month.

When I looked at my lease renewal which... Read more »

Mark Oakley
Mark Oakley answered on Jan 9, 2020

The terms of your lease control. There is no law that requires 60 day notice. Therefore, either you or the landlord is misreading the lease. Take another look at it. If you still don’t see the notice provision, call the landlord and ask where in the lease you can find it. 60 days is a common... Read more »

1 Answer | Asked in Small Claims for Maryland on
Q: Took brand new shirts to dry cleaner to get wrinkles out. They returned them with tears & burn marks, then denied claim.

Dry cleaner said they would reimburse for the shirts but after calling them every few weeks for the past 9 months(!) they just denied the claim. Can they really just say they’re not responsible for ruining brand new, never worn clothes? I don’t know what else to do at this point and have wasted... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 7, 2020

You could look into small claims court. The problem is that the time and effort is likely to exceed $100. Good luck

Tim Akpinar

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How many failure to appears are landlords allowed in Baltimore City?

I need this question answered from a lawyer that knows landlord/tenant laws for Baltimore City. I am currently in the middle of a rent escrow proceedings and thus far the landlord has failed to appear for 3 hearings.

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

There's not a set number. You should just object to any further postponements and ask the judge for the relief you're seeking next time you appear in court.

1 Answer | Asked in Small Claims for Maryland on
Q: The debtor is paying me in installments for my $5k judgment. Judgment awarded Jul 22, payments started Nov 8.

Can I collect court cost & interest from the date of my judgment until the loan is paid off & what is the % amount in MD?

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Judgments carry 10% interest per annum by law. Shouldn't be any further court costs unless you need to keep filing garnishments or anything of the sort. However, if you came to some other payment agreement, the answer may be different.

1 Answer | Asked in Child Custody, Child Support and Family Law for Maryland on
Q: Filed for child support in md, father moved to PA to get out of paying. Signed agreement between both of usWhat can I do

Md will only send him papers in the mail (he keeps returning them) because of ‘jurisdiction’. We have an agreement (signed) to which he hasn’t stuck to at all regarding payments and weekends for him. What can I do to get this enforced and resolved?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 7, 2020

You can file with the court to enforce the agreement yourself. You do not need child support enforcement to do it. Have him personally served. Then proceed with the court matter.

You should consult with an attorney about all of your options.

1 Answer | Asked in Child Custody for Maryland on
Q: I moved out of state w/ my child Nov ‘18 without notifying the court. 14 months later the father has reopened the case.

There are reasons I left. Mainly because my son, 13 then, refused to see his father Bc of abuse accusations and threats of his father to kill me in front of my son. The father then cut off all contact, including blocking my number. Financially we were on the verge of homelessness so we moved to NC... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 7, 2020

Regardless of the reasons, you still needed to follow the correct process by going through the court. Will you lose custody? Probably not. However, the court will not be happy with you which will make it much harder to present your case.

Online mediation does not change a court...
Read more »

1 Answer | Asked in Child Support and Family Law for Maryland on
Q: If the parent paying child support loses their job, are they allowed to just not pay child support?

My ex husband, is a month and a half behind in child support. He just now states to me that he lost his job at the beginning of the previous month and because of that, he does not need to pay me until 6 months later? Nor does he have to pay for those 6 months once he does get a job. Is this correct?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jan 6, 2020

That is not correct. The child support is an order that remains in effect until changed in another order. the full amount of child support remains due. He must pay it. If he does not, he can lose his driver's license, and other things. There is no grace period for losing a job.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Charged with misdameanor second degree assualt. Do I have to report it to state insurance comissioner?

Met with commissioner more than thirty days ago, have not had initial court appearance, did I wait too long to report, and is there disciplinary action for that?

Stephen P. Shepard
Stephen P. Shepard answered on Jan 5, 2020

I believe your question should be directed to an employment law attorney.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is an inmate, having been found guilty and has been incarcerated 7 yrs. of a 20 yr. sentence, eligible for an 8-580

program and what are the guidelines for his acceptance ?

Stephen P. Shepard
Stephen P. Shepard answered on Jan 5, 2020

Probably. Md. Code Health General 8-505 provides that, after sentencing, the court may order the Department of Health and Mental Hygiene to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and may benefit from treatment if: (1) It appears... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: I filed divorce from my husband. Im the breadwinner. He does work. Can I move out with my 3 yr old (same state).

I pay for her preschool, medical, food, clothing, etc. Ultimately I want to move closer to my family. He wont leave the house. Can I enroll her in new preschool, again same state but different county.

Jac E. Knust
Jac E. Knust answered on Jan 5, 2020

Yes. However, the big question for you to answer is ” Is this the best thing for our son?” consider hiring a mediator to resolve all issues and avoid court delays, contentious feelings, an potentially high lawyer fees.

1 Answer | Asked in Real Estate Law for Maryland on
Q: Didn't renew my lease, stayed for 6 months before moving without 2 months notice, now I have an account in collections

lease ended in 03/2019, I completed the new leasing agreement form, gave it to my leasing office. I had to bring my paystub for renewal to be complete but I didnt give the paystub due of insecurities in neighborhood (gunshots and killings) . I got a couple of notices from the leasing office stating... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 5, 2020

Wow. You really need a lawyer to help you unravel this. If you and the landlord both signed a lease, you have a lease. If you moved in without a lease, either you, the landlord, or both of you are idiots. Regardless of whether you have a lease, if you ignored an eviction summons and the landlord... Read more »

3 Answers | Asked in Real Estate Law and Probate for Maryland on
Q: Can I keep the house after my mother died. I was living with her. The only other heir is my sister. She was not married.

There is a mortgage fro $250,000.00 and house is worth $375,000.00. She owed $10000.00 in credit cards.

I want to keep the house. My sister does not want house. I am Personal Representative. There is no money to pay credit cards.

Do I have to sell the house to pay the credit cards?... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Jan 4, 2020

The just debts of the decedent must be paid out of assets of the Estate, before distribution to the heirs. So, the house must be sold or refinanced to pay off the credit card debt. This can be wrapped in with the sister disclaiming her interest (if she doesn't want the value of her interest),... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Hi what does consent motion mean? The case was moved to circuit court, it says subsequent offender/ additional penalty

It also says consent- reschedule status/ settlement conference.

Robert Charles Bonsib
Robert Charles Bonsib answered on Jan 1, 2020

While there are not enough details in your questions to be certain what the entry may mean - it sounds like there had been a status conference scheduled that was rescheduled by consent of the parties. If you have an attorney, your attorney may have agreed with the prosecutor to reschedule the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can they charged me a storage fee?

A relative was using my camper/rv to stay in for a little while with his girlfriend. The camper/rv has been parked on a friends property for about 3 months now. My relative got arrested a few nights ago and I am trying to get my camper/rv off his property as soon as possible, but they are saying... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You’re going to need to file a complaint for replevin, and I recommend you use a lawyer.

2 Answers | Asked in Personal Injury and Insurance Bad Faith for Maryland on
Q: Hi I have a personal injury case question regarding a car accident

My car was rear ended and was a total loss. I was taken to emergency room and diagnosed with acute head injury and cervical strain. Driver at fault was underinsured with $10,000 liability limit. Her insurance company is low balling the settlement for pain and suffering, loss wages and end of the... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You cannot sue the other driver’s insurance company for anything. You can only sue the driver. The driver’s contract with his/her insurance carrier has nothing to do with you. Their insurance company’s only obligation is to pay any judgment you obtain against their insured driver. The only... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance company,... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... Read more »

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