Maryland Questions & Answers

Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should be a sealed juvenile matter unless you were charged as an adult. If this is your first adult charge you may be eligible to avoid a conviction.

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

1 Answer | Asked in Consumer Law, Contracts, Employment Law and Appeals / Appellate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case before judgment was entered, then you probably are out of luck.

Q: Home is under warranty, whenever it rains water seeps in the basement. Is the seller responsible for fixing the issue?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
There is a wet basement disclosure, so did you get that signed by your seller? Look through your mountain of contract addenda. Look at all the disclosures you received. That’s the start. If they knew of the leaky basement (and you can prove it) and they failed to disclose it then you have a possible claim against them.

Q: Can I get a car sales license in Maryland with a fresh misdemeanor insurance fraud on my record

1 Answer | Asked in Criminal Law for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
There is a general morals and “good character” requirement for almost any license in MD, and usually no specific bar based on a particular conviction, and just because you have a past record is not an automatic bar to the license. However, theft and fraud convictions are among those that raise red flags as to honesty and good moral character, and the license board will view a recent event far more seriously than an old event where you can show rehabilitation and a track record of good...

Q: If I die and have assets, plus two children, do all of my assets automatically get split 50-50 between them?

1 Answer | Asked in Estate Planning for Maryland on
Answered on Aug 14, 2018
Mark Oakley's answer
So long as you are not married at the time of death, yes, your two children split equally your estate assets. However, the probate process is simpler with a will. In addition, you need to review how your assets are titled and whether you have named beneficiaries (pay on death or otherwise) on any titled assets. These include bank accounts, retirement assets (IRA’s, 401Ks, etc.), and real estate. Those assets would pass directly to any joint owner or beneficiary and will not go through your...

Q: Can in employer deny your job and say you’re not qualified if in the requirements section it does not state it

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 13, 2018
Joseph D. Allen's answer
The job description is not definitive when it comes to the question of who is qualified to do the job. It can be strong evidence of what the employer considers qualified, but it is not a contract. But the larger issue is that the employer is not bound by their promise to promote you when you turned 18. Unless you have a written employment contract, they can always change their minds- for instance, based on their misunderstanding that you had a high school degree. Based on the facts you put...

Q: In MD, are there ways around having to be separated for a year? Is it true this law is changing in October? Thank you.

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Aug 13, 2018
Elizabeth Pugliese's answer
You must be separated for one year unless you have reached a written agreement on all issues, financial, property and related to the child prior to filing for the Absolute Divorce.

Q: I’m having a baby by a man who is fully supported by his mom. Can I sue his mom if she claims him on her taxes?

1 Answer | Asked in Family Law, Tax Law and Child Support for Maryland on
Answered on Aug 11, 2018
Elizabeth Pugliese's answer
All of the support provided to him by his mother can be considered income. Also if he is physically capable of working but does not, the court can impute income to him. You will need an attorney to help you pursue him for child support.

Q: How do we get the court appointed executor to file a claim on behalf of our step father?

1 Answer | Asked in Wrongful Death for Maryland on
Answered on Aug 10, 2018
Thomas Neary's answer
This is a question where details would be important. I suggest that you talk with an attorney who handles wrongful death cases. Many offer free consultations.

Sorry for your loss.

Q: What if both of you did something wrong in an accident - who is at fault?

2 Answers | Asked in Personal Injury for Maryland on
Answered on Aug 10, 2018
Eric Todd Kirk's answer
Both. Unlike most states, Maryland does not employ comparative fault concepts.

Q: I was fired by a major retailer for breaking their external shoplifting policy when I did not. Do I have a case?

1 Answer | Asked in Employment Law for Maryland on
Answered on Aug 10, 2018
Joseph D. Allen's answer
There are two separate issues here. The first is whether the employer broke the law by terminating you without good cause (or even any cause). Unfortunately, without more facts indicating that you were retaliated or discriminated against, your employer may legally terminate you- even if it isn't fair. The second issue is whether you are entitled to unemployment benefits. There it sounds like you have a fairly strong case that you were not terminated for gross misconduct. Depending on where...

Q: Can a nursing home be liable for medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Aug 10, 2018
Thomas Neary's answer
Yes, a nursing home can be liable for malpractice and there are particular standards of care that apply to them. Nursing home negligence is a regular issue in courts around the state.

Q: Can someone please explain this case number I received on a post card and what my next steps should be?

1 Answer | Asked in Consumer Law for Maryland on
Answered on Aug 10, 2018
Adam Savett's answer
It is a case in California state court involving alleged violations of of a federal law, the Fair and Accurate Credit Transactions Act (FACTA). FACTA was enacted to address the problem of identify theft by putting certain protections into place. Specifically, FACTA prohibits the printing of more than the last 5 digits on a credit card receipt and prohibits printing an expiration date on a credit card receipt.

The case alleges that Party City printed receipts between March 1, 2016 and...

Q: had speeding ticket of me going 25 over the speeding limit which is 2 points I got it reduced to 1.

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Aug 9, 2018
Mark Oakley's answer
Maybe, maybe not. Depends on the county and the judge. Also depends on your driving record and past history. The longer you've been licensed, and the cleaner your record, the better chance you have. In MD you can appeal the District Court result to Circuit Court and at the initial status hearing there will be a prosecutor, whom you or your lawyer can negotiate with (more likely with a lawyer) to get a "probation before judgment" on a guilty plea, which will result in no conviction and no...

Q: If a person is in jail and have a preliminary hearing coming up, can they be released until trial?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Aug 8, 2018
Eric Todd Kirk's answer
Sure. The court would set the terms of the release. This would include anything from recognizance to bail or other terms that the court found proper under the circumstances.

Q: US citizens, married abroad years ago; but no US marriage license. Can they legally divorce in MD where they live? How?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 7, 2018
Elizabeth Pugliese's answer
The location of the marriage does not matter as long as it was a valid marriage where it was performed. Maryland can grant a divorce from any valid marriage.

Q: I had a tenant sign a lease and then back out of moving in...Can I keep their two month deposit or just one month ?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Aug 7, 2018
Joseph D. Allen's answer
The amount you can keep of the deposit depends on when you are able to re-lease the property (with reasonable diligence on your part). Document your (or your agent's) efforts to rent it out again. Furthermore, if a landlord is unable to lease the property for more than two months, there may be damages beyond the deposit. There may be more facts relating to the reason the tenant failed to take possession (condition of the property, perhaps).

As for your agent's fee, that is a matter...

Q: Is it legal for your employer to get video surveillance and proof of purchase receipts from another establishment?

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Answered on Aug 7, 2018
Joseph D. Allen's answer
There does not appear to be anything wrong or illegal about gathering the surveillance video and receipts. However, if the only employee that was fired was not drinking (the video should back this up)- and the only one fired- this could potentially be a discrimination claim. Your partner should discuss with a labor and employment attorney.

Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Maryland on
Answered on Aug 7, 2018
Yosef Kuperman's answer
It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.

It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is...

Q: My partner gave birth to our daughter in Mexico - can she become a US citizen because I am her father?

1 Answer | Asked in Immigration Law for Maryland on
Answered on Aug 7, 2018
Hector E. Quiroga's answer
Yes, depending on how much time you spent in the US before the child’s birth. Also, since the child was born out of wedlock, you will need to provide evidence of your involvement in your daughter’s life.

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