Maryland Questions & Answers

Q: can I find out if someone or a business has filed bankruptcy

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 19, 2018

Register to use the PACER Case Search online system and then run the name of the subject in the case search for the jurisdiction the bankruptcy would have been filed (state of residence or principal place of business).
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Q: Does Maryland Code 21-1104 (d) apply to small (4"x2") air fresheners hanging from the rear-view mirror?

1 Answer | Asked in Traffic Tickets for Maryland on
Answered on Feb 19, 2018

Only if it “interferes with the clear view of the driver through the windshield.” I would imagine different people may have different opinions about what constitutes a clear view or not. The statute is not more specific.
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Q: canI find out if someone or a business has filed bankruptcy in Maryland?

1 Answer | Asked in Bankruptcy for Maryland on
Answered on Feb 19, 2018

Sure. You can use the Pacer case locator at pacer.gov.
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Q: How long must a individual what to have a criminal record expunged in Maryland?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 19, 2018

You may file 3 years after the date the pbj was granted (or if you were in probation more than 3 years then after you complete your probation). For good cause, a judge can grant an earlier expungement.
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Q: what is the benefit to me (the owner) to do a Land Installment Contract with my current Renter?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 19, 2018

A land installment contract means you are financing the buyer's purchase of your property. Rather than getting paid in full like a typical sale, you agree to take payments over time until the contract price is paid in full. Legal title does not actually transfer to the buyer in this transaction, but is typically held in escrow by a title attorney, and can only transfer to the buyer once all payments are made. The buyer in this scenario is deemed to have "equitable title" only, meaning he has...
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Q: I recieved a parking fine in my friends car in baltimore. If i pay it will it go on my record or hers?

2 Answers | Asked in Traffic Tickets for Maryland on
Answered on Feb 17, 2018

Parking citations do not go on your driving record. They only act as a flag on vehicle registration if they go unpaid, and may result in late fees and increased penalties and, ultimately, suspension of the registration and tags. The ticket only references the vehicle, so only the registered owner is known to the MVA in the event the ticket goes unpaid. It is not possible for the ticket writer to know who drove a particular car. So, only the owner will receive any notices of unpaid violations....
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Q: How long after 2017-2018 unpaid taxes due can your lien be auctioned My taxes are due 3/1/18. Not sure what to do.

1 Answer | Asked in Real Estate Law and Tax Law for Maryland on
Answered on Feb 17, 2018

Get a tax lawyer, and not one of those shady, dishonest fix-your-debt thieves who advertise on TV, and work out a payment plan with the IRS. The IRS tiger turns into a pussycat when you work out a plan for paying off back taxes. They will often eliminate crippling penalties and just leave the interest charges. But, if you ignore them, they eventually bite.
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Q: Can animal control impound a dog accused of biting an 8 year old?

1 Answer | Asked in Animal / Dog Law for Maryland on
Answered on Feb 17, 2018

Yes, animal control could theoretically impound the dog, but for a first bite they ordinarily will not do so so long as you have proof of up to date rabies shots. Otherwise, the protocol is to impound the dog under quarantine to watch for signs of rabies—if the dog is still alive in 10 days, it doesn’t have rabies. As the owner you can be fined, and there can be a finding of a “dangerous dog” so you may want to contest that finding. The reason is that a second bite incident can be...
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Q: I have past due federal student loans and past due IRS taxes. What is the maximum garnishment total % from my SSN check?

1 Answer | Asked in Consumer Law and Tax Law for Maryland on
Answered on Feb 17, 2018

No more than 15% of social security income may be garnished at a time from all creditors who are legally allowed to garnish such income. So, that’s the limit. Both past due federal taxes and federal student loans can be collected in this way. Both debts are possible to be discharged in bankruptcy, but the rules are more complicated than regular debts. Federal taxes that came due more than three years ago, and for which all tax returns (but not payment, obviously) have been filed, may be...
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Q: Is it possible to adopt a friend with 37 years of age

1 Answer | Asked in Adoption and Family Law for Maryland on
Answered on Feb 17, 2018

There is no age limitation to adoptions.
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Q: Is the defendant required to serve a response to an order for default, to the plaintiff?

1 Answer | Asked in Contracts for Maryland on
Answered on Feb 17, 2018

Whenever any party to a lawsuit files anything with the court, they are supposed to mail or serve a copy of it to each other party. Further, the procedural rules require that each filing contain a “certificate of service” separately signed by the filing party certifying that a copy was mailed or served, the date, and the name and address of each person served. The clerk is not supposed to accept for filing and paper that does not bear a certificate of service, and any other party may file a...
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Q: In the state of Maryland, we saw a house and liked it. We accepted a counter offer and put in earnest money

1 Answer | Asked in Real Estate Law for Maryland on
Answered on Feb 17, 2018

Now, before any deadlines expire, get a consult with a lawyer to review the contract for loopholes. It is extremely likely that there will be one, depending on many factors.
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Q: if my husband has been incarcerated for 15 yrs and i want to file for a divorce and he is in full oncent will it take ln

1 Answer | Asked in Divorce for Maryland on
Answered on Feb 15, 2018

If he is willing to sign a separation and property settlement agreement that addresses and resolves all marital issues and rights under the law, and cooperates in filing an answer to the complaint for divorce, then the process can proceed quickly, perhaps 2-3 months. If he does not cooperate, or drags his feet, it can take longer. You will get divorced, however, as you have grounds. A written agreement is fastest.
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Q: If you rescue what seems to be a neglected and abandoned cat, do you have to give it back?

1 Answer | Asked in Animal / Dog Law for Maryland on
Answered on Feb 15, 2018

Obviously, it's not an abandoned cat if there's an owner looking for it, so it is not legally yours to keep. You can call to report an abused or neglected animal, but a cat out in the rain is not by definition lost or abused, but will depend on other factors. Local authorities could take the cat from the legal owner if animal abuse is established, but that will involve either a voluntary relinquishment of the animal by the owner or an involuntary legal proceeding to terminate ownership rights...
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Q: What is the difference between a wrongful death and survival action lawsuit?

1 Answer | Asked in Wrongful Death for Maryland on
Answered on Feb 15, 2018

A wrongful death claim can only be made by a spouse, child, or parent of the victim. Damages may include their emotional anguish, loss of companionship, and loss of support, because the victim is no longer able to contribute to the household.

A survival action can only be brought by the personal representative of the deceased person’s estate. The claim is the same claim the deceased could have made had he or she survived. Damages claimed in a survival action include conscious pain and...
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Q: Company A has sued me for breach of a verbal employment contract, but has now admitted in deposition that

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Maryland on
Answered on Feb 14, 2018

Perhaps. There is a common law duty of loyalty in the absence of a specific employment contract term, but in the context of an independent contractor that may be very limited if not legally nonexistent. There may be specific facts in your case that change any analysis, so meet with a lawyer to review options.
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Q: Question about registering a legal entity in the software industry using a well known trademark.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.
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Q: Do I have to repay a tribal loan?

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Answered on Feb 13, 2018

It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.
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Q: Is my ex stalking me it's been 3 weeks and he won't stop contacting me I've blocked 20 numbers he contacts me on

1 Answer | Asked in Uncategorized for Maryland on
Answered on Feb 13, 2018

Go to the website below and download the Petition for Protection from Domestic Violence form, fill it out, and take it to the District Court location in your jurisdiction, and ask to meet with someone from the domestic violence help desk and file the petition. You will be taken before a District Court Commissioner or a judge (depending on the time of day you go there), they will review your petition, and will issue a temporary protective order to be served on your ex-boyfriend. A hearing will...
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Q: If a family member shared a joint bank account - and house bills were paid out of it does that make them a tenant?

1 Answer | Asked in Landlord - Tenant for Maryland on
Answered on Feb 13, 2018

Your aunt and her daughter are legally "tenants-at-will", meaning they were granted permission to move in and live there, but have no formal lease. This assumes that they did not simply come for a planned visit of a few days and then simply overstayed their welcome--but if your grandfather then allowed them to stay for months, then he acquiesced in their living there. As a result, they are tenants, and must be given 30 days written notice to vacate, and then an action must be filed in the...
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