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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: MD Law CR 4-102. Would "possess" include a weapon locked in a container in your car in the parking lot?
Mark Oakley
Mark Oakley answered on Sep 24, 2019

A person may have actual or constructive possession. "Actual" means on your person or in a bag you are holding. "Constructive" means it is in such proximity that you have immediate access to it. Ordinarily anything in the passenger compartment of a vehicle is in the constructive possession of... Read more »

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
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 Civil Litigation, Contracts and Consumer Law for Maryland on
Q: A drum company has my drums and will not give them back. They will not answer my calls or emails. What can I do?

They say I owe them money but will not answer my emails for months. They are in another state entirely and all I want are my drums back. They actually owe me money for services not rendered but are saying I owe them for storage fees which were never discussed until I wanted to pull the plug on... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2019

Your rights will be defined by what your agreement with the drum company was- plus equitable principles to fill in the gaps. You can hire an attorney to demand the return of the drums and/or work out a deal with the company- or you might be able to sue them.

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: Where does Maryland state that the trust schedule for an inter vivos trust must be filed when opening an estate.
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Aug 5, 2019

The question is unclear. Ordinarily there is no reporting of trust schedules with the probate estate filings.

Perhaps you are asking, however, about reporting trust assets transferring to people obligated to pay inheritance tax? Maryland law requires that an Information Report be filed...
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: How can I get an attorney to accept my case and ask fir attorney fees

After beating an altunitive judgement. We went to a scheduling conference. The judge told the defendant. The USPS, it would be in their best intwrest to settle this case. My then attorney asked me to rais the amount. I did but whe. The opposing attorney asked the amount to come down. My attorney... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 31, 2019

Your question is unclear. Your best bet is to keep calling around and interviewing attorneys until you can find one to take your case.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Civil Litigation for Maryland on
Q: Does american law apply to maryland; does losing party pay?
Mark Oakley
Mark Oakley answered on Jul 24, 2019

You mean, the “American Rule”, which is not really an actual rule or law, but simply the common law concept that, in the absence of a statute or contract provision that provides otherwise, each party to a lawsuit pays their own fees. Yes, that is the “rule” in Maryland. There are some... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: My friends and I pulled into our hotel in ocean city Maryland, and without even having any of our alcohol in sight, a...

cop approached us as we were outside of the van, first asking how old we all were, and then claimed that she knows we have alcohol in the vehicle. She stated that we could make it easy and just get the alcohol out and dump it, or that they could take a different route. My friend driving the van is... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 12, 2019

The post states that the 6 underage people (all of whom were under 21 and some of whom were under 18) actually had alcohol, though seems to think there was "no possible way" an officer could have known. Perhaps this doesn't give the officer enough credit. The post does not seem to describe any... Read more »

1 Answer | Asked in Banking, Civil Litigation and Contracts for Maryland on
Q: if I use Maryland code § 11-504 regarding $6,000 exemption, can I file multiple objections if they file a 2nd garnishmen

I had a garnishment on a bank account and it was only $150.00 in it. I am filing an objection under the above code. If they file another garnishment on a separate bank account can I file another objection or is it a 1 and done objection?

Mark Oakley
Mark Oakley answered on Jul 9, 2019

Yes. You would have only used $150 of the exemption amount on the one account. Your exemption rights are static--they apply at any given snapshot in time to protect that amount of your assets, below which threshold creditors may not attach and seize, and above which they may. Where you have... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Land Use & Zoning for Maryland on
Q: if i have a judgement for leaving a lease early, can they garnish my business accounts or just personal accounts?

I had to leave a lease early for medical and the landlord got a judgement for $10,000. they garnished a personal bank account but did not garnish my business account. I am filing an objection to MD code § 11-504 but am not due why they only tried for personal. an I object to the business... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Unless your business is a separate entity--like a corporation or LLC--and is on the written lease as a tenant the landlord cannot go after the business. However, if your business is merely a sole proprietorship (not incorporated) the business might be liable. In either event, do not raise issues... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I am answering interrogatory questions in a Maryland small claims case. Do my answers need to be given under OAT

I am suing Panasonic Corp for a faulty battery charger that caused fire damage to my property. Their attorney has asked me to give my interrogatory answers under Oat.

What are my options?

Mark Oakley
Mark Oakley answered on Jun 26, 2019

If the claim is truly in the small claims range (not exceeding $5,000, exclusive if costs and attorneys fees), then there is NO DISCOVERY ALLOWED in a small claims action under the procedural rules. You do not have to answer, or, simply answer that pursuant to Maryland Rule 3-701(e), "No pretrial... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: My ex-husband name was remove from the deed but still on the mortgage. Do I need him to sell, and do he get any proceeds

He has not lived in the home since 2011, and I have been paying the mortgage and all household obligation. I've tried to talk with him to get him to sign the paperwork for me to assume the loan, but he has not followed through, nor will he sit down and talk with me about the sale. How do I proceed... Read more »

Mark Oakley
Mark Oakley answered on Jun 4, 2019

You say he is your ex-husband, meaning you are divorced? And his name is already off the deed, so you are the sole owner named on the deed to the property? In that case you do not need him at all. Never call him again. The only signature needed to sell the house or to refinance the loan (if you... Read more »

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley
Mark Oakley answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I have been pursued by a crazy lady that lost 6 cases against me and now filed at Circuit Court.

This lady has been following my family, filed false police report, false assault charges, illegally videotaped my husband at our community...lost 6 cases against me and my husband at District Court and blow filed abuse of process at the Circuit court and asking 40,000$ in damages which is just... Read more »

Joseph D. Allen
Joseph D. Allen answered on May 6, 2019

It is unclear from your question what the basis for the "abuse of process" claim is, but it is clear that this is a dispute with many complications, which may entail a lot of time spent by an attorney. You should contact civil litigation attorneys until you find one who is willing to listen to... Read more »

1 Answer | Asked in Education Law, Family Law, Personal Injury and Civil Litigation for Maryland on
Q: Can I file charges against the school for not protecting my son?

5 documented cases of events like spitting in my sons lunch, hitting him with a chair, slamming a door in his face and punching him in the face. all documented cases show the same child instigated an unprovoked attack on my son. at no time did my son provoke or even respond.

Ashley VanCleef
Ashley VanCleef answered on Apr 18, 2019

Bullying should be taken very seriously by schools. It is important to report and document the bullying on the school bullying and reporting forms. The laws vary by states but Federal guidance can be found here... Read more »

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on
Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

When a city's agencies and officers repeatedly do things that not only contradicts the city's own codes but harm it's residents and citizens,can its citizens sue the city leadership on the grounds of being PUBLIC NUISANCE?

Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Civil Litigation, Family Law, Child Support and Civil Rights for Maryland on
Q: Prof. licenses were requested to be suspended before a background check for new job offer completed. Now what?

OCSE requested the MBON suspend my licenses for non-compliance. One of the problems with this is, I was in compliance. This is the second time the OCSE has caused me to lose a job opportunity because of inaccurate information and an unwillingness to resolve the balance of the support order. I... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Apr 17, 2019

You need to file in the child support case and request an audit of your case. this will ensure they correct your record.

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

I am not a lawyer, but I am doing research. I want to find everyone CHARGED with a specific crime in the past 3 years (that are public records). Doesn't have to be literally everyone because I know some are expunged, but whatever I can find with the public records.

Right now what I am doing... Read more »

Mark Oakley
Mark Oakley answered on Feb 2, 2019

This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines.... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: What statute gives states attorneys permission to NOT prosecute marijuana cases. Vacating cases. Whats the statute
Mark Oakley
Mark Oakley answered on Jan 31, 2019

You are asking a mixed question. States Attorneys have prosecutorial discretion to discontinue a prosecution for any reason by entry of a nolle prosequi (Latin for intention not to prosecute). There is a procedural rule on this, as well as a body of case law. They are not required to do so,... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Maryland on
Q: Is the law habitual beggar of Salisbury Maryland 21801 unconstitutional or constitutional ?

I was charged and my lawyer said it was unconstitutional I he could not convince them of it and I still got convicted you

Mark Oakley
Mark Oakley answered on Jan 31, 2019

The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many... Read more »

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