Maryland Questions & Answers

Q: I got pulled over for not stopping for a school bus — how do I request to not have this show on my driving record???

1 Answer | Asked in Education Law and Traffic Tickets for Maryland on
Answered on Apr 18, 2019
Mark Oakley's answer
You request a trial by filling in and mailing the request form portion of the ticket located on the lower right side of the sheet. Check the “trial” box, not the “waiver hearing.” If the officer does not show, you’ll be found not guilty. If they show, you plead not guilty and tell your version of what happened. If you’re found guilty you request a “probation before judgment” (PBJ) which has the effect of striking the conviction and keeping your driving record clean (no points)....

Q: Can a company you have a bill with take money from your checking account without a judgment

1 Answer | Asked in Banking, Consumer Law and Collections for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.

Q: Can landlord keep my security deposit if I was evicted moved out before 30 days where up? Handed my keys in on the 4th?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
Landlord may be entitled to your security deposit for several reasons. Depends on what your lease says.

Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.

Q: Is there any legal action when a man gives a woman rings as promise to marry, and has been supporting her financially

1 Answer | Asked in Uncategorized for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
If you are not legally married then you would not be entitled to support after a breakup. Likewise, the children are not entitled support since they are not his.

Q: What rights do grandparents have?

1 Answer | Asked in Family Law for Maryland on
Answered on Apr 17, 2019
Bennett James Wills' answer
You should ask this question to an attorney in Oklahoma to determine what, if any, visitation rights grandparents have since that state's laws would control.

Q: When a loved one passes away are you required by law to open up an estate if they have a house in a reverse mortgage

1 Answer | Asked in Estate Planning for Maryland on
Answered on Apr 17, 2019
Cedulie Renee Laumann's answer
If someone dies with property titled in their sole name, then yes, an estate should be opened. Very generally speaking family has no obligation to open an estate (unless they are the named personal representative in a will) but it is usually in their interests to do so.

A reverse mortgage is a lien against the property, but that in and of itself doesn't indicate what is in the estate (sometimes there will be equity going to the heirs/estate, sometimes not).

Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on
Answered on Apr 17, 2019
Elizabeth Pugliese's answer
You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

Q: Myself and my brother both inherited our mothers home in 2012. What is he financially responsible for as part owner?

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Apr 13, 2019
Mark Oakley's answer
If neither of you are living there, or if both of you are living there, then it would seem fair that each of you bear one-half the costs (mortgage, taxes, insurance, utilities, ordinary and reasonable maintenance and repairs). If only one of you is living there, then you must account for that, with the one living there paying more.

Q: I got pulled over in AAC doing 44MPH in a 35MPH zone. I'm requesting a Trail. Which portion do I send through Mail?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Apr 12, 2019
Mark Oakley's answer
The section is marked off with dotted lines and encloses the fill-in-the box areas where you elect trial, etc. should be lower right portion of the paper citation you received. It also should be fairly obvious.

Q: Myself and my brother both inherited our mothers home in 2012. I offered a buyout amount. He refused.

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Apr 11, 2019
Richard Sternberg's answer
I don't exactly understand your question, but the bottom line is that the house should be sold and the profits divided if you cannot work it out, and you can force that result with a Petition for Sale in Lieu of Partition. The fair apportionment is the same that a court would use. You pay off all the debts of the house, reimburse any debts paid by one owner for which the other should have contributed, and split the proceeds. Sometimes, a court will attribute a value to the rental use of the...

Q: county government employees are coming on to my property without prior permission

1 Answer | Asked in Gov & Administrative Law and Constitutional Law for Maryland on
Answered on Apr 11, 2019
Timur Akpinar's answer
It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of time through some form of notice. The next time someone appears on your property, check to see that they are actually there for a legitimate and official reason, such as surveys, an environmental issue, meter...

Q: I’m paying child support until my child graduates high school because she turns 18 before graduation.

1 Answer | Asked in Child Support for Maryland on
Answered on Apr 10, 2019
Mark Oakley's answer
You pay the whole month in which she graduates. So, if school ends June 20, you aow all of June on June 1, and then you're done. You do not get to pro rate.

Q: What is the sentence for ta-16-303(i) be?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Apr 10, 2019
Mark Oakley's answer
Maximum penalty is $500 fine, and if you end up with the conviction (not granted a PBJ disposition) then you would have 3 points assessed against your MD driving license/privilege. Better to get a lawyer, and possibly get most charges dismissed if you can resolve the out-of-state suspension.

Q: Is it a requirement for a buyer to hire a real estate broker in order to buy a real estate property in Maryland?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Apr 9, 2019
Thomas C. Valkenet's answer
Not true. But an agent or lawyer can be useful.

When the unrepresented shows interest in a residential property, the selling agent will usually try to convince the buyer to use a buyer's agent in the selling agent's own office.

The other common fallacy is that you must use only the standardized Maryland Board of Realtors form contract, with little or no changes. This is wrong. There are several provisions in the standard contract that only benefit the brokers and agents, and...

Q: hi my name is dave I got pullover for child support and they flag my tags on my wife car and I don't have no license

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Apr 7, 2019
Mark Oakley's answer
It’s a jailable offense, although that’s probably not likely; however, it carries points and will just pile on reasons to keep you from getting a license. You need to address the back child support, get on some kind of payment plan, which will allow you to reinstate your license. If you can do that before your trial date, a lawyer can likely get the driving without a license dropped. So, hire a lawyer to deal with both issues.

Q: If I sell my Maryland house with a life estate deed WITH power before I die, is the remainderman entitled to anything?

2 Answers | Asked in Real Estate Law for Maryland on
Answered on Apr 6, 2019
Richard Sternberg's answer
You need a title abstract and a bit of research. First, you need to know that the house actually purports to be held in a life estate with an unlimited general power of sale. Then, if that is how it is held, I'd want to review whether the Doctrine of Merger combines those two titles into a fee simple. A life estate with a lifetime general power of sale sounds like it would make sense in a second marriage, poor-man's testamentary setting, but I've never heard of using that technique, and it...

Q: Can another person's insurance company not pay you for a claim if your car was hit while parked on a red curb in MD?

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Answered on Apr 6, 2019
Peter N. Munsing's answer
No. Confirm they are not paying in writing. Then file a complaint with the Attorney General Office of Consumer Affairs and with the Insurance Commissioner.

Q: I have a public defender for a DUI case I do not feel they are acting in my best interest can I get a postponement to c

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Apr 6, 2019
Mark Oakley's answer
If you can afford to retain a private lawyer, and make at least a substantial down payment on their fee, then the lawyer can request the postponement to allow more time to prepare the case. That will give you the time needed to pay the balance of the fee. You will need to call around to find a lawyer you are comfortable with and can afford.

Q: Question about 5-101 Maryland. Where does the 3 year date start? It says from the date it accrues?

3 Answers | Asked in Bankruptcy and Consumer Law for Maryland on
Answered on Apr 5, 2019
Terrence M. Nolan's answer
The beginning of the measuring period is the date you knew, or should have known, of the wrong. It is generally 36 months for contracts and civil lawsuits. There are exceptions: in some cases measuring years are shorter (one year for assault and battery) and longer (12 years) for contracts under seal; until age 34 for sexual abuse; and other exceptions as well. The issue is fact-specific. Terry Nolan 410-242-9177

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