Maryland Civil Litigation Questions & Answers

Q: Can a Lien be placed if insurance company paid for services. The only outstanding amount is the copay.

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on
Answered on Dec 27, 2018
Richard Sternberg's answer
Liens can be complicated, and lay people often misunderstand them. If you are asking whether you can be obligated in a lien to pay a judgment or some other debt that authorizes a lien on something specific, the answer is yes. There is no way to evaluate whether a lien has been perfected from the information you provided.

Q: Can attorney represent trust & mortgage servicer.Does servicer respond to summons or can trustee answer both summon com

3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on
Answered on Dec 17, 2018
Richard Sternberg's answer
It depends on whether the defendants have a potential or actual conflict of interest, which most often arises if their positions are contradictory, such as where one of them wants you to lose and the other wants you to win or when one impleads for damages from the other for your claims. If you think you are going to take on U.S. Bank and Ocwen simultaneously pro se, you must be planning to lose, right? Do I guess correctly that this is a foreclosure defense, and both Ocwen and US Bank seek to...

Q: Is there discovery in every case?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
No, discovery is not mandated. It is up to the litigants to request what discovery they desire/need, consistent with the Maryland Rules of Civil Procedure.

Q: How many questions can I put in interogatories? Is there a limit?

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
If you’re in District Court, regular claim (not Small Claims under $5,000), you get 15. If Small Claims, there is no discovery, so none. If you’re in Circuit Court, you get 30, plus you can separately request any number of requests for production of documents by description, category or type.

Q: Can I file suit against the buyer's agent, buyer, and or buyer's lender of my home for breach of contract?

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and White Collar Crime for Maryland on
Answered on Nov 22, 2018
Mark Oakley's answer
You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.

Q: what is the law if you brake property on the job from a outside vender

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Oct 31, 2018
Ronald V. Miller Jr.'s answer
Your employer may also have responsibility for the damages. I just think we need to know more facts which might be why you have not gotten any responses.

Q: Can I just withdraw a lawsuit at any time if I feel like it?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 31, 2018
Ronald V. Miller Jr.'s answer
It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.

Q: Who's going to be responsible for the court and attorney costs in my business dispute?

2 Answers | Asked in Civil Litigation for Maryland on
Answered on Oct 19, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to provide a reliable response. If this dispute arose out a contractual relationship, the contract may provide an answer, or at least guidance. If you are represented, this question is best directed to your own lawyer, who should explain this to you.

Q: Question on if a divorce agreement can be changed 4 years later

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Answered on Sep 28, 2018
Elizabeth Pugliese's answer
Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.

If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.

Q: Can I sue a private college for refusing to accept my straight-A student son?

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Sep 16, 2018
Timothy Fizer's answer
You have not provided sufficient details to be able to obtain a reliable answer. The likely answer, however, is "no" All colleges use multiple criteria for accepting students, and grades are only part of the equation.

Q: How do i remove a suspension of my license from a judgment that was vacated

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Answered on Sep 13, 2018
Eric Todd Kirk's answer
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Answered on Aug 29, 2018
Cedulie Renee Laumann's answer
The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your question.

Additionally, Maryland offers a free "self help" legal clinic in certain District Court locations (such as Baltimore City and Glen Burnie, MD) where volunteers help people fill out...

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 Appeals / Appellate Law and Civil Litigation 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: A former friend has been spreading rumors online that I am a domestic abuser. I'm afraid my employer will see these lies

1 Answer | Asked in Civil Litigation for Maryland on
Answered on Jul 30, 2018
Joseph D. Allen's answer
That is a possibility, depending on the facts. Or defamation is another option- again, depending on the facts (namely, whether you were identifiable by their comments, what exactly they said and to whom, and if the allegation against you is not true). You may want to speak with an attorney that offers a free initial consultation.

Q: can a lawsuit brought against one LLC be expanded to include several separately formed LLCs?

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Answered on Jul 24, 2018
Mark Oakley's answer
In general, no. The party suing would have to sue you personally, and survive dismissal based on the debt/claim not being your personal responsibility, and then attempt to "pierce the veil" of your separately owned LLC on the basis that the LLC is a sham and not legitimate, a pretty difficult thing to prove. Generally, corporate and LLC structures will not be pierced except in cases of fraud (such as, you transfer all your personal assets into the name of an LLC simply to put them beyond the...

Q: Can we get rid of personal items that someone left on our property for years? (not tenant, no money exchanged

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Maryland on
Answered on Jun 8, 2018
Mark Oakley's answer
Yes, it's abandoned property. Do what you like with it. Sell it to defray the inconvenience and fair rental value of storing it beyond the agreed time period. If you want to really play it safe against any potential claim she may make, wait the 30 days notice you give in your non-certified letter. Require her to contact you and make mutually acceptable arrangements for a date and time to clear the items out, and state clearly that you will dispose of all the items if they remain past 30...

Q: Is this law applicable to a neighbor attaching their satellite cable to my downspout without my consent or permission?

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Answered on May 30, 2018
Thomas Neary's answer
"This law"???

It would seem if you are the owner of the property where the downspout is located, the neighbor would need your permission to enter into your property to attach a cable. If this is an apartment or connected dwelling, it may be more complicated.

Q: Unauthorized access to an iPhone/iCloud used as evidence in civil case

1 Answer | Asked in Civil Litigation for Maryland on
Answered on May 28, 2018
Mark Oakley's answer
Illegally obtained evidence can be excluded by proper objection in a civil case.

Q: What type of lawyer do I need?

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Landlord - Tenant for Maryland on
Answered on May 15, 2018
Thomas Neary's answer
You are probably looking for a personal injury lawyer or a general litigator experienced with dealing with injury claims and insurance companies. The specific legal area for the mold portion is called toxic torts.

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