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Maryland Civil Litigation Questions & Answers

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 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 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 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 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 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 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 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 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 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 »

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on

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

Medical expenses lien

Richard Sternberg answered on Dec 27, 2018

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... Read more »

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd

need to hire one?

Mark Oakley answered on Dec 18, 2018

Yes. It’s not common, but there are occasional scenarios where the cause of the accident is in dispute, and an accident reconstruction expert is used to examine the location and extent of damage to each vehicle, skid marks on the roadway, calculate speed of vehicles based on impact damage, sight... Read more »

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3 Answers | Asked in Civil Litigation and Legal Malpractice for Maryland on

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

I served 2 summons complaints, one on Ocwen Loan Servicing and second on U.S Bank, NA as Trustees resident agents who were different companies who had different names and addresses. The attorney for U. S. Bank, NA as Trustee is representing both Ocwen Loan Servicing and U.S. Bank on two separate... Read more »

Richard Sternberg answered on Dec 17, 2018

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... Read more »

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2 Answers | Asked in Civil Litigation for Maryland on

Q: Is there discovery in every case?

Cedulie Renee Laumann answered on Dec 7, 2018

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.

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1 Answer | Asked in Civil Litigation for Maryland on

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

Mark Oakley answered on Nov 23, 2018

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.

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and White Collar Crime for Maryland on

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

On 10/22/18, the prospective buyer of my home in Maryland signed a contract to purchase and I countersigned that contract on 10/23/18 with a closing date of 11/16/18. I simultaneously had a contract to purchase a home in Colorado with a closing date of 11/16/18 however, the contract to purchase... Read more »

Mark Oakley answered on Nov 22, 2018

You might have a basis to forfeit the buyer’s deposit based upon misrepresentation. The buyer beached the implied covenant of good faith dealing.

1 Answer | Asked in Civil Litigation for Maryland on

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

I broke the plastic plex glass on a vending machine , I am willing to pay damages the owner cussed me out and was rude and very disrespectful

We have a Union and I want to file harrassment charges against the vender but I really dont want to go that far.

Ronald V. Miller Jr. answered on Oct 31, 2018

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.

2 Answers | Asked in Civil Litigation for Maryland on

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

Ronald V. Miller Jr. answered on Oct 31, 2018

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.

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2 Answers | Asked in Civil Litigation for Maryland on

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

Timothy Fizer answered on Oct 19, 2018

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... Read more »

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1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on

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

Hi

My question is, due to the emotional and physical abuse to the woman at the time, is it possible to go back and ask for a change to a divorce settlement bc the woman at the time was not of the right mind to carefully examine and understand her options and rights under the law?... Read more »

Elizabeth Pugliese answered on Sep 28, 2018

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...
Read more »

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