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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Criminal Law and Civil Litigation for Maryland on
Q: can I file a counterclaim in a replevin case?

someone has filed a show cause against me. this person has access to their property but has not taken it. the items are in a storage unit in my name that they were to pay for but haven't for 6 months. now they are refusing to pay and filed a replevin for the items.

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

2 Answers | Asked in Civil Litigation and Real Estate Law for Maryland on
Q: Roommate not on lease leaving without notice.

I stay in a 2 bedroom apartment with 2 flatmates in Maryland. K and N split a room between themselves and I stay in the smaller room. N and me are on the lease and K was supposed to be added. The request was made to the leasing company, K abruptly announced that she is leaving (without finding a... Read more »

Leonard A Englander
Leonard A Englander answered on Mar 29, 2021

As to the roommate on the lease, you have some options. If she abandons the lease, you would have legal recourse to sue her for damages incurred (ie. her half of the rent).

As to the other one... that's a lot trickier, as she's not technically on the lease, which means you would...
Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Mark Oakley
Mark Oakley answered on Feb 22, 2021

You sue in Kansas, in the court having jurisdiction over the location of the Walmart involved; or you can sue Walmart in Arkansas in the county where it has its corporate headquarters (not recommended). You need a Kansas lawyer in the county (or nearby) where the Walmart store is located, who... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can I audio record on public property, regardless of the two-party law?
Mark Oakley
Mark Oakley answered on Feb 22, 2021

In Maryland, you need the knowing assent of all parties to record audio, regardless of the location.

1 Answer | Asked in Civil Litigation and Family Law for Maryland on
Q: The groom cancelled wedding 50 days prior, can brides family sue to recover wedding cost due to his cancellation
Mark Oakley
Mark Oakley answered on Feb 17, 2021

Maryland abolished the causes of action known as breach of marriage and alienation of affections, and any similar action, three quarters of a century ago. The engagement ring must be returned if demanded, as that is considered a conditional gift, with the condition being going through with the... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: In the state of (Maryland) , what is the penalty if the person who filed a restraining order then violates it.

If the person who files for the order then makes contact with the person they filed against. And furthermore that the contact continues and is mutual / consensual.

Mark Oakley
Mark Oakley answered on Jan 25, 2021

The restraining order is only against the person the order is issued against. It is not against the person who filed. Only the person it is issued against can violate it, not the person who filed it.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: Can a pawn shop lie about the value of the item I’m selling them, and then sell it for 3x the amount?!

I sold a computer to a pawnshop that said AT MOST they could sell it for 1200, so they gave me 650. I just saw the computer listed, and sold by them, for 2200. They deliberately lied to me, and undervalued my product.

Mark Oakley
Mark Oakley answered on Jan 17, 2021

You do not have a claim for this. The buyer/pawn shop has no duty to tell the truth about what they believe the value of your property is worth. As the owner and seller, you should know or be capable of researching the fair market value of your property before you sell it. Also, pawn shops are... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: My husband and I are separated. I am still in the house, and want to sell it and split the proceeds. He will not.

I am not safe emotionally or physically living with him. I am willing to move out, but cannot afford to live on my own, and he refuses to sell the house. Both our names are on the deed, but only his on the mortgage. He tried to re-finance and buy me out but was refused because he has quite a lot... Read more »

Mark Oakley
Mark Oakley answered on Jan 13, 2021

Hire a divorce lawyer. File for divorce. if grounds are not yet established for an absolute divorce, file for a limited divorce. Request pendente lite support and maintenance (pendente lite means an interim order pending final determination at a trial). If you have minor children together, you... Read more »

1 Answer | Asked in Civil Litigation and Traffic Tickets for Maryland on
Q: I violated Transportation Article Section 16-113 (f) of MD Vehicle Law and got a 1 year suspension, is this ethical ?

I was in an accident with my learners permit by myself on 2/02/20 and my court date was originally in March but was pushed back more than five times before I got one on 9/30/20 and the judge reduced the fines and the penalties but I found out on 11/23/20 that my suspension would begin on 12/08... Read more »

Mark Oakley
Mark Oakley answered on Dec 13, 2020

Yes, request a hearing, otherwise you will be suspended 12 months. The Administrative Law Judge may reduce the suspension period, or you may be able to defend the suspension and avoid it entirely. It isn’t a matter of ethics. You drove on a learners permit without supervision and caused an... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: I was scammed out of $400 by people pretending to be a company (Direct Home Management.) can I do small claims court

The people are in Maryland; they scammed me over the phone. I am in Chicago. I have located name, addresses and phone numbers, and wonder if there is recourse for me to get my money back.

Leonard A Englander
Leonard A Englander answered on Nov 24, 2020

The short answer is: yes, but...

You can go and file a civil suit against them in MD small claims court. However, given the amounts in question, I doubt it's practically advisable. You will end up spending a lot of time and money (think airfare alone) for not a great deal of money....
Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: In a civil conspiracy lawsuit, does the statute of limitations begin when the conspiracy occurred

Or when the victim discovered it had happened?

Mark Oakley
Mark Oakley answered on Nov 11, 2020

The later of: (1) date the plaintiff suffered harm or damage; or (2) the date the plaintiff discovered, or should have discovered in the exercise or ordinary diligence, that they suffered harm or damage. A civil conspiracy is a combination of two or more persons by an agreement or understanding to... Read more »

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for Maryland on
Q: I paid for a horse out of state and then the sale got canceled, the seller has not refunded my money

I was a buyers agent for a gentleman in Texas, I found him a horse in Tennessee to purchase.

The buyer paid me and I paid the seller for the horse, shipping was arranged.

My buyer found out some personal news and had to cancel the sale. I have refunded the buyer his money already,... Read more »

Mark Oakley
Mark Oakley answered on Nov 11, 2020

You're going to need a lawyer in Tennessee, where the seller and horse are located. You, or your principal, may be bound to the purchase of the horse. Why as the agent you took it upon yourself to reimburse out of your own pocket the buyer's money, after the seller had received the... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: After 10 yrs of close relationship w my grandchildren their parents ar3 not allowing us to see them due to a dispute. I

They tried a restraining order but it failed. If i occasionally drive through their community to see my grandchildren is that stalking

Mark Oakley
Mark Oakley answered on Oct 6, 2020

The parents have absolute legal authority to restrict anyone from visiting with their children, absent some legal basis to have the children removed from the parents' care for health and safety reasons. Grandparents have no special status to enforce visitation rights. The one scenario where... Read more »

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Can I file harassment charges against insurance adjuster for harassment (telephone and electronic)?

My roof was damaged during a storm. I called the adjuster (Travelers Insur.) and the adjuster stated I needed to go onto the roof. I stated I wouldn't do that. The adjuster then called me and stated he would come past the home and take pictures. The same adjuster called and stated he... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Sep 6, 2020

It's likely because there is not a lot of assistance available for the situation you described. An insurance company has a quasi-fiduciary and contractual obligation to adjust, investigate and ultimately resolve your claim. They do not stand in the position of a creditor.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I recorded A conversation with landlord without her knowledge.This occurred in Maryland.It was outside no expectation

of privacy. She was yelling at me on my doorstep and there were people in the neighborhood out and about. Although we were in public, we were on private property owned by the condominium that I live in.

Can I use this recording because there was no reasonable expectation of privacy as it... Read more »

Mark Oakley
Mark Oakley answered on Aug 20, 2020

The recording is illegal regardless of anyone’s expectation of privacy. Maryland is a two-party consent state when it comes to audio recordings. Period. If you admit to having made this recording (you posted this question on a public forum) you are admitting to committing a crime. In a civil... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can law enforcement enforce an executive order?

After talking with a chief of police in the state of PA, they told me that police cannot enforce an executive order as it is not a law. They said code enforcement and municipal authorities can but not police. Therefore how could one get jail time for violating an executive order?

Mark Oakley
Mark Oakley answered on Aug 19, 2020

You have asked this question under Maryland law, not Pennsylvania law. In Maryland, the state legislature passed a statute many years ago making it a misdemeanor offense to violate an executive order relating to a public health emergency. It carries a $1,000 fine and up to 1 year in jail. It is... Read more »

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can an executive order have a fine for consequence?
Mark Oakley
Mark Oakley answered on Aug 19, 2020

Yes. Maryland law grants the governor broad authority to declare a state of emergency for 30 days, and the ability to renew the declaration every 30 days; and reserves to the legislature the authority to override the governor and terminate the declaration at any time. Separately, other state code... Read more »

2 Answers | Asked in Divorce and Civil Litigation for Maryland on
Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Libel & Slander for Maryland on
Q: Good afternoon. This is a mix of landlord-tenant and person injury. I'm from the state of Maryland. Here are the basics

a/c not working

2. She came on the morning of July 21st with an HVAC tech. The HVAC tech told her there was a problem, but I don't know the full extent. All she told me was the coils needed to be replaced, because the unit is 25 years old that was impossible so I assume she was told... Read more »

Joseph D. Allen
Joseph D. Allen answered on Aug 6, 2020

It depends on what exactly the libel, fraud, and intimidation were, what the surrounding circumstances were, and what damages you incurred.

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for Maryland on
Q: Questions lawyer asked for


Have you parenting classes

Have you completed anger management classes

Are you enrolled in substance class

Are you working how can n you provide for child

What are your daycare plans

Who can help you in case of emergency with child

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

These are discovery questions. They will help the attorney prepare their case. You should not ignore them simply because you do not understand them. If you fail to respond, the other attorney may file sanctions against you and ask the court to prevent you from entering evidence to prove your case... Read more »

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