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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: I'm looking to find out who the resident agent is for Sysco corp. How do I find that out?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

So I'm going to jump and make an assumption that you need the resident agent information because you are pursuing a lawsuit and need to serve Sysco Corp's Resident Agent. A few things - This is a huge company so be sure you are suing the correct entity is it Sysco Corp. or is it Sysco... View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: My ex girlfriend won't return my car that I let her borrow. Can I use my spare key to get it back?

My ex girlfriend had moved in with me a few months ago and I've let her use my car while she was with me so she could save money. After our relationship was broken up recently she moved to a new place and disappeared with my car. I've contacted her a couple times trying to her to bring my... View More

Mark Oakley
Mark Oakley
answered on Sep 7, 2024

If your name is on the title, it’s your car, and you can take it any time you choose. Unless she paid you an agreed price to buy it from you, she has no “equitable” legal claim to try and keep it. The MVA and the courts will only recognize the owner whose name appears on the title. If both... View More

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1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for Maryland on
Q: If someone filed a peace order with false statements/allegations, what should the other party do to respond?

I got served with a peace order in the evening hours of Friday July 12th. On the peace order there was already a hearing for this morning Monday July 15th at 9am at the Silver Spring, MD court house. I live in Gaithersburg and since I had got served late Friday I did not have time to talk or reach... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

Go to court and represent your defense. Gather your information and organize your reasoning for the false statements. However, it is important to keep in mind that the court will be weighing the evidence in the light most favorable to the person requesting the peace order. This means that your... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: I was suing in small claims court but missed the court date and it was dismissed. Can I sue again?
Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

More than likely, yes. When you, the Plaintiff, fail to appear, the court typically dismiss the case because they have determined that you are not prosecuting the case and therefore do not need relief from whatever injury or loss you are claiming. There are typically two different types of... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Maryland on
Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages

Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

I agree with my colleague - the easiest route is a first-party claim through your own carrier. Some people are averse to that because of the deductible and the principle that they did nothing wrong. Then the alternative is to pursue the company, which is going to take time and effort, or a fee if... View More

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2 Answers | Asked in Car Accidents and Civil Litigation for Maryland on
Q: parked car hit and run by a cab. Driver not identified only cab company. How do I get cab company to pay for damages

Cab company won’t/can’t identify the driver. I feel the cab company should cover my damages as driver worked under their company name. I am getting nowhere. How can I get cab company to pay for my damages?

Scott Scherr
Scott Scherr
answered on Jun 10, 2024

Usually, the driver of a cab is an independent contractor and the cab company will not be liable for the driver's negligence. The easiest and quickest way to fix your car is to make a collision claim with your own insurance company. You will have to pay a deductible, but will get it back if... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Maryland on
Q: Is falsifying police reports legal? What remedies exist for accountability?

My dui case was dropped but I still lost my license. The officer lied about EVERYTHING (video proof), e.g., said I was going 110 mph but I was doing 74 mph; lied saying I was disoriented, slurring my speech, & falling; lied about the blood profusely spilling out of my ear; & SO much more.... View More

James L. Arrasmith
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answered on May 1, 2024

Falsifying police reports is illegal, and officers who do so can face disciplinary actions and legal consequences. If an officer's dishonesty in a report leads to someone's harm or the mishandling of a case, this could be grounds for both civil and criminal penalties against the officer.... View More

1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

James L. Arrasmith
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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

2 Answers | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 2, 2024

It really isn't clear what you mean by "next of kin paperwork." Do you mean the attorney is designating you in estate planning documents? While it is very common to request addresses and phone numbers of beneficiaries, it would be quite unusual to ask for a beneficiary's... View More

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2 Answers | Asked in Civil Litigation for Maryland on
Q: Is it legit for a lawyer to ask for a social security number through email?

My boyfriend and I haven't been together that long. He states that he needs someone on his next of kin paperwork. He wants to put me on there. The lawyer emailed me and said that he needs name, address, picture of ID and social security number to run security checks and verification to make... View More

Kenesha A Raeford
Kenesha A Raeford
answered on Feb 22, 2024

Research the law firm and confirm the name, identity, and reputation of the attorney. If it comes back legit, then you have nothing to worry about. You can also search the attorney's name in the Maryland case search to see what kind of cases they have handled (keep in mind not all attorneys... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

James L. Arrasmith
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answered on Jan 23, 2024

If your brother feels he was coerced into making an Alford plea by his lawyer, it may be possible to seek new counsel and attempt to withdraw the plea. An Alford plea, where a defendant maintains their innocence but acknowledges that the prosecution's evidence would likely lead to a... View More

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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 10, 2024

Hi,

This is a pretty common scenario. What options the family has depends in large part on where you are in the inheritance process. If the property is still in the name of the deceased person, then the Personal Representative usually has very wide discretion to sell the property and...
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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jan 10, 2024

The answer partly depends on what you mean by "inherit." More specifically, in whose name is the deed? That/those person(s) are the owners. If by "inherit" you mean a Will describes intention, but a new deed has not issued from the Estate, that is a different analysis.... View More

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3 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Maryland on
Q: 3 siblings inherit home 2 want to sell 1 doesn't. What are our options

Home in hyattsville.

Richard Sternberg
Richard Sternberg
answered on Jan 10, 2024

It’s not a majority vote issue. If any owner wants to sell, they can petition for sake in lieu of partition. The attorney fees will be reimbursed from the sale. The only defenses are that the property can be partitioned or the tenant in residence gets the notice given to tenants. Get counsel.

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1 Answer | Asked in Civil Litigation and Civil Rights for Maryland on
Q: Who do i need to contact if i believe law enforcement is conducting unlawful surveillance that's beyond harassment?

Hello,

For the last year, I've been followed by a ridiculous number of vehicles. It was about 20 at first but it has increased to 30+ vehicles. They circle the block of my home day and night; on vehicles and on foot. Even some of the neighbors are helping them out at this point.... View More

James L. Arrasmith
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answered on Jan 2, 2024

If you believe you are under unlawful surveillance by law enforcement in Maryland, you should consider contacting a civil rights attorney. An attorney can help you understand your rights and may provide legal options for addressing your concerns.

Additionally, you might reach out to the...
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1 Answer | Asked in Civil Litigation and Libel & Slander for Maryland on
Q: I would like some more information about a possible defamation suit please if possible. Thank you

My ex is spreading nasty rumors about myself and my friends that have severely damaging my reputation and mental health. I would like to get more information on the best way for me to proceed.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

If you want quick action to stop his behavior, then I suggest you contact a lawyer to discuss whether his specific conduct meets the legal standards for obtaining a court order for protection from domestic violence. Such orders are available to prohibit harassment, stalking, threats, assaults and... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Car was picked up by Manufacturer's roadside assistance towing service. Manufacturer lost car. Can I sue for lost car?

Manufacturer has told me it is on AAA. But I did not contract with AAA. I got text and voicemail from Major manufacturer stating they towed car to repair shop. But car never arrived. It has been 10 days and AAA told me to report it stolen. I never got my personal belongings. My insurance... View More

Scott Scherr
Scott Scherr
answered on Dec 12, 2023

It is unclear whether your car was lost or stolen. If AAA lost your car while towing it, they would be liable for the fair market value of your vehicle, plus 6% sales tax, and tags. You may also be entitled to a rental car for a limited period of time. I do not know how they could lose the car. AAA... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Municipal Law for Maryland on
Q: My neighborhood was left out of the HOA somehow and the resident agent won't let us be apart of it

Hello.

So my neighborhood was built in the 80s. My grandmother is the homeowner. We've both been here since 1993. Recently, I decided to seek out help with establishing an HOA because the potholes are getting out of hand, amongst other issues. I found out that our neighborhood plat has... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 4, 2023

You describe an interesting issue- assuming the historical documents show an intention to include your mother's property in an HOA regime, but was omitted, can the HOA be compelled to admit her property. This will take any lawyer experienced in this area of title law several hours of research... View More

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