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Maryland Questions & Answers

1 Answer | Asked in Real Estate Law for Maryland on

Q: Can attorney charge $300 collection and attorney fees for $180 of HOA owed in Maryland?

I was out of the state temporarily and at which I missed 2 quarter HOA payment for January and April 2019 fees at $90 each for a total of $180. Upon returning in June, I found out I have mails about my delinquent account. I immediately tried to resolved it following up with the HOA management... Read more »

Cedulie Renee Laumann answered on Aug 23, 2019

Typically HOA documents say that homeowners will pay costs of collection, including reasonable attorney fees, for any past due accounts.

Maryland's Rules of Professional Conduct for attorneys requires that attorneys fees be reasonable based on the time and labor and complexity involved....
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1 Answer | Asked in Child Custody for Maryland on

Q: what is it called when a parent makes a child fundle with his private parts

grabbing their hands and making them play with his penus

Mark Oakley answered on Aug 23, 2019

It’s called child abuse. Call the police and report the abuse. Be prepared for Child Protective Services to get involved and the person potentially being arrested and prosecuted. If the perpetrator is living in the household of the child, that person or the child will be removed from the... Read more »

1 Answer | Asked in Collections and Traffic Tickets for Maryland on

Q: I am being approached by a collection agency that appears to buy old moving violation tickets in DC and Maryland

I noticed the calls are coming a little more frequent and the last call I got the rep started being more aggressive in her eluding to taking further steps of action if I don't pay these so-called outstanding tickets? The approach I took with them is I am not paying tickets dating back 6 years plus.... Read more »

Mark Oakley answered on Aug 23, 2019

Generally speaking, fines and penalties do not have statutes of limitations. In the case of moving violations, nonpayment results in suspension of your driving privileges in the jurisdiction where the unpaid ticket was issued, and then upon notification to the state that issued your license (if... Read more »

1 Answer | Asked in Banking and Consumer Law for Maryland on

Q: Is it legal for my friend and I to use our joint acct to charge 10% int on a 4 mth loan to friends that own business

My friend and I have friends with businesses that want to loan money from us at regular intervals. The minimum loan is $10,000 and maximum is $40,000. We are opening a joint bank account for the purpose of giving out loans to our friends and family. We want to charge 10% for a 4 month loan term... Read more »

Mark Oakley answered on Aug 23, 2019

If the loan agreement is in writing, interest in a loan my not exceed 24% per year, and must comply with numerous other legal requirements in order to avoid the risk of violating the users laws. Owing 10% interest at the end of 4 months is an effective annual interest rate of 30%. Not only is the... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: If i had a dui and got probation before judgement will that affect public clearance

Mark Oakley answered on Aug 23, 2019

“Public clearance” is not a term I recognize, but if you are referring to a government security clearance, the answer is not clear-cut. The pbj disposition and the charge description will show in a criminal background check, and although it is not a conviction or guilty finding, it remains... Read more »

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for Maryland on

Q: Good Evening, My name is Imelda. Pharmacy Medication/Patient Error. On 08/06/2019.

On 08/06/2019, doctor provided me with written prescription. Hand held prescription to pharmacy agent. Within minutes they had the prescription ready. After taking medication I felt very very ill. I called Dr. to inform her. When she mentioned to cut in half. Red light flashed, I took a good look... Read more »

Peter N. Munsing answered on Aug 22, 2019

Do both. Photograph the bottle etc, the receipt .

Realistically, you have a case but a very small one because from what you say nothing lasting happened--you had a nasty experience, but that would get you very little.

However the pharmacy should be notified because, who knows, the...
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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on

Q: How to deal with harassment and abuse?

I have a friend of mine who's ”Babyfather” has been harassing her and their baby. Sending people to fight her and stalking her by creating new accounts on Facebook. She fled to Alabama to get away from everything but they keep harassing her.

William Jaksa answered on Aug 21, 2019

First, document the harassment. I often provide clients was an agenda or calendar that has individual pages for each day. I have them document in that agenda exactly what happened on a specific date and keep a running log of it. Don't lie or exaggerate anything in that book, be as accurate as you... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: What happens if I never knew I had a misdemeanor trespassing warrant from 2 years ago?? I was unaware.

Gary Kollin answered on Aug 21, 2019

You will have to resolve it now. You may have a constitutional post indictment speedy trial delay

1 Answer | Asked in Contracts for Maryland on

Q: Will the buyer receive a deed or certificate of ownership upon final payment under the contract

Bruce Alexander Minnick answered on Aug 21, 2019

What kind of contract?

1 Answer | Asked in Employment Discrimination for Maryland on

Q: I asked my employer over a month ago to have Sunday off to go to church and they have not done anything as of yet.

What steps should I take next.

L

Andrellos Mitchell answered on Aug 20, 2019

First of all you should put your request in writing and explain why you need this day off. If you are going to be taking the same day off on a regular basis maybe you should take leave with pay or leave without pay or just make arrangements not to work on that day.

2 Answers | Asked in Probate for Maryland on

Q: I have 2 text messages from my deceased spouse saying I can have the house, Can I submit this to the court.

He died without a will and now I need to pay his adult children he had before we married, becasue oft he value of the home. My name is not on the deed. I am in Maryland

Richard Sternberg answered on Aug 20, 2019

You should sit down with a lawyer to review the estate and your rights. While a text is not a Will, and it will not be binding, you have certain rights as the spouse.

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1 Answer | Asked in Employment Law and Civil Litigation for Maryland on

Q: How do I protect myself from being sued by company staff for recording scheduled meeting without permission? my rights?

I was not aware you could not record for meetings so you can capture meeting notes. not a fast note taker and it was illegal. I was fired for doing it.

Joseph D. Allen answered on Aug 16, 2019

Unless the staff has some cognizable injury from the recording (like by publishing scandalous parts online), it is not likely that you will be sued. But if you get a demand from an attorney, you should hire one yourself.

1 Answer | Asked in Car Accidents for Maryland on

Q: Minor car wreck, police report says "charges pending". How do I find out if formal charges are ever actually filed?

Lee Eidelberg answered on Aug 15, 2019

Depending on the charge(s) and the jurisdiction, you could receive a notice to appear at a "preliminary inquiry," which requires one to report to a court commissioner to be formally advised of one's charges, one's right to an attorney and other pertinent information. This generally occurs when... Read more »

1 Answer | Asked in Child Support for Maryland on

Q: I leave in MC MD & am custodian parent receiving child support. child turns 18; going to college can Dad pay tuition?

the child will be 18yrs and will drop off child support; how can I have Dad to assist with part of the tuition what are my options?

Mark Oakley answered on Aug 15, 2019

Unless he has voluntarily signed a written agreement that requires him to pay, a parent has no legal obligation to pay their adult child’s college expenses.

1 Answer | Asked in Car Accidents for Maryland on

Q: I was involved in a property damage crash with a parked car and the police rep says "Charges Pending". What is that?

Mark Oakley answered on Aug 15, 2019

When police do not witness the crash, but are called upon to investigate the circumstances, they may decide to cite the driver with applicable violations of the traffic laws after evaluating the evidence.

1 Answer | Asked in Criminal Law for Maryland on

Q: Can a distribution charge in Maryland be expunged from criminal records

Mark Oakley answered on Aug 15, 2019

Only if you were not convicted. A conviction for distributing CDS cannot be expunged. If you received a “probation before judgment” (PBJ) disposition, then you were not convicted and you would be eligible for expungement. Other dispositions, like nolle prosequi, or stet, would also be... Read more »

1 Answer | Asked in Child Custody for Maryland on

Q: Divorced parents have shared custody 50/50-but mother takes teen less than 50%- can father get full phys. custody?

14 yo teen wants to live with father due to poor relationship w/ his mother. It's a battle each time he is scheduled to go there - and has at times, refused to get in her car. She continues to collect child support but rarely takes her son except for 1 or 2 nights on weekend. Son is registered to... Read more »

Mark Oakley answered on Aug 14, 2019

Yes. Hire a lawyer to file for modification of custody and support.

1 Answer | Asked in Small Claims for Maryland on

Q: If you loan a person $2000 and he doesn't repay it, what recourse do you have?

Mark Oakley answered on Aug 14, 2019

File a Small Claims suit against the person for breach of the loan agreement. The civil complaint forms are available online or at the civil clerk’s office of the District Court.

1 Answer | Asked in Animal / Dog Law for Maryland on

Q: Today, neighbor’s dog trespassed my property and chased my 3 year-old child on OUR back yard!

Today, my neighbor’s dog trespassed my property and chased my 3-year old child on OUR back yard! I rushed outside and in the last split of a second succeeded to prevent the dog attacking my child. The dog was very aggressive and after rescuing my child, I had difficulty in forcing the dog to... Read more »

Mark Oakley answered on Aug 14, 2019

Call your local animal control police office. It is illegal to allow a dog to run off leash.

1 Answer | Asked in Traffic Tickets for Maryland on

Q: If i received a court summons for charge ta16101a but i was not driving on an highway what could happen

Mark Oakley answered on Aug 14, 2019

Under the Transportation Code, “Highway” means:

“The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the public and accepted by any proper...
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