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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Maryland on
Q: I am trying to file a lawsuit against retailers such as Walmart and Food Lion for harassment and profiling.

How do I go about filing the court documents?

John Michael Frick
John Michael Frick
answered on Mar 6, 2023

You should consult a competent attorney with experience in the area of civil rights in public accommodations in or near the district where the conduct took place.

Expect a vigorous defense from these retail giants. Be sure to make the financial preparations to fund litigation of this...
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1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My work place threw away my $800 bike without proper notice how do I get what it's worth if they're resisting?

All of the bikes on the rack in our parking garage were thrown away, multiple other employees (including supervisors and some dept managers) were not aware. We found out after the fact that only the condo owners were sent an email to get their bikes if they don't want them thrown out. The bike... View More

Mark Oakley
Mark Oakley
answered on Feb 12, 2023

Claims not exceeding $5,000 in value may be filed in District Court as a Small Claims matter. The District Court complaint form is available as a fillable PDF document on the court's website, or a paper version can be obtained from the clerk's office. The rules of evidence do not apply... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: if a contractor or company doesn't pay for services and rental of equipment can we file criminal case for theft of

services in Delaware, our home state.

Mark Oakley
Mark Oakley
answered on Jan 25, 2023

Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Can equitable tolling of the SOL be applied to issues that were incorporated in prior lawsuits that were dismissed?

Can equitable tolling of the statute of limitations be applied to issues or claims that were incorporated in prior lawsuits that were eventually dismissed for other technical reasons?

Mark Oakley
Mark Oakley
answered on Jan 11, 2023

Maryland courts construe statutes of limitations strictly, and equitable tolling only will be applied to suspend the running of a statute of limitations if the defendant holds out an inducement not to file suit or indicates that limitations will not be pleaded. Otherwise, the time to file suit... View More

1 Answer | Asked in Civil Litigation and Contracts for Maryland on
Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present... View More

Mark Oakley
Mark Oakley
answered on Jan 9, 2023

No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim... View More

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Maryland on
Q: Wedding vendor is withholding funds to photographer even though contract is paid in full on my end.

I paid in full for an all-inclusive wedding where the venue would pay the third-party vendors themselves with the money I paid them. We are now three months post wedding and the photographer is withholding our pictures because they still haven't been paid. The vendor is refusing to respond to... View More

Mark Oakley
Mark Oakley
answered on Jan 8, 2023

So, I imagine you would like the photos asap. You can pay a lawyer to send a letter to the vendor to either pay the money they owe at once, or you will pay and then sue the vendor for breach of contract. This will cost you (1) to pay the lawyer; and (2) pay the photographer what you've... View More

1 Answer | Asked in Civil Litigation, Contracts and Gov & Administrative Law for Maryland on
Q: If the fiance (giver of the engagement ring) cheat before marriage can the fiance (receiver of the engagement) keep it?

Wouldn't this be a breach of the proposal/contract?

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

In Maryland, the law views an engagement ring as a "conditional gift" for which marriage is the condition. If the condition is not met, then the recipient must give back the ring, and the giver of the ring is restored ownership. This is different than the usual effect of an... View More

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: Hi, my roommate (ex) moved out of our mobile home, which is in my name , without notice and left belongings. How long

How long until I can get rid of them. Only my name is on the house or lease and I live in Maryland. He also left with unpaid rent, electric and water.

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

To be safe, send/serve him with written notice that he make reasonable arrangements within 30 days to come pick up his property, or failing that, you will deem the items to be abandoned property and will dispose of them in any manner expedient to you. Take photographs of the items, so as to make a... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: I need legal representation regarding a failure to disclose underlying conditions case. Thanks
Tim Akpinar
Tim Akpinar
answered on Dec 5, 2022

A Maryland attorney could advise best, but your question remains open for four weeks. In addition to your own searches, you could try the tab above, "Find a Lawyer." Additionally, many state bar associations have attorney referral services. Good luck

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: I live in Maryland and was scammed by someone from Texas. I have his residential address. Once I file police report with

local law enforcement, what else can I do? The amount is over $5000.

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

You can file a civil suit in Maryland, or in Texas. Getting a judgment awarded is one thing; collecting it is another. If the scammer is in Texas, you will almost certainly have to enforce the judgment in Texas if that is where he has his assets. In a criminal proceeding, the judge can order... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: Small business did some subcontractor work for a General contract and they have not paid me and have gone ghost .

Over $ 5,000 and I would like to put a lien on the property

Mark Oakley
Mark Oakley
answered on Oct 25, 2022

Assuming this is contruction on real property, if it is a private residence then the dollar value of the entire project (of which your subcontract is a part) must be equal to or greater than 15% of the value of the property itself or you cannot assert a mechanic's lien. You must first serve... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: sample motion to postpone a civil court date (i am defendent/sued for loan) to obtain counsel and gather more evidence
Kenesha A Raeford
Kenesha A Raeford
answered on Mar 25, 2024

https://www.mdcourts.gov/court-forms/forms/motion-continuance-postponement

If you are in the Circuit Court (As opposed to the district court), you may use this form here and fill in the information based on your case. Simply make arguments directed to the court as to why the date should be...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: A family friend bought me car in his name , and i pay him monthly on the car for 1yr and now he want to report stolen

I have been paying the car for a year and because i was late one time and don't work for him anymore he said he will report the car stolen to mess my new job up . What are my options ?

Scott Scherr
Scott Scherr
answered on Oct 19, 2023

It is not theft if he allows you to use the car with his permission. However, he can demand the car back at any time since he is the sole person on the title.

1 Answer | Asked in Civil Litigation for Maryland on
Q: In MD, how many plaintiffs are allowed for a small claims court case? Could my wife and I both be the plaintiffs?

My wife opened a checking account on my suggestion to receive a $400 bonus after 2 direct deposits are made within 90 days. Now the bank is refusing to provide the bonus. I want to file a small claim, but my wife is not interested in physically going to court. I would like to file a case with both... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

If the account was opened solely in your wife’s name, then only she can sue. The fact you’re married does not give you the right to sue as part of a “marital” claim. You have no standing or legal basis to proceed. The claim is your wife’s. She must sue on her own.

1 Answer | Asked in Civil Litigation for Maryland on
Q: purchase a house 4-5 months prior to gf moving in & im the only one on the deed, when i sell do i owe her half proceeds?

I purchased a house in October of 2019 and im the only one on the deed/title. My GIRLFRIEND didn’t want to pay to add her name to it and she moved in February of 2020 and started paying on mortgage & utilities in March of 2020. Also it’s a few month where I payed myself. She is still my... View More

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

No. But if the girlfriend says there was an agreement that she was a co-owner and her payment toward the mortgage principal was her contribution toward ownership, then you may have a lawsuit, but her position would be very weak and unlikely to prevail.

1 Answer | Asked in Civil Litigation for Maryland on
Q: Does a Motion to Seal, for Plaintiff's personal reasons, have to be served to the Defendant?
Scott Scherr
Scott Scherr
answered on Mar 24, 2023

Yes, any motion filed with the court must be served on the other side.

2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Civil Litigation for Maryland on
Q: Can one Motion to Seal be submitted for multiple case filings by the same Plaintiff that has the same presiding Judge?

Can one Motion or Request to Seal be submitted for past multiple case filings by the same Plaintiff that has the same presiding Judge?

Mark Oakley
Mark Oakley
answered on Dec 19, 2022

Possibly, if they are all interrelated, but if they are distinct separate cases, you should file a separate motion for each separate case number.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Maryland on
Q: My lease ended at Aug 2022, I pre-informed the leasing office 14 days before i'm not renewing but I'm charged of $2500

I contacted the leasing office that I'm financially not stable to continue my rent, therefore I will vacate the apartment at the end of my lease agreement in August, which I did, because I don't want to break the contract, I was told by the leasing manager, I have to give 60 days notice;... View More

Richard Sternberg
Richard Sternberg
answered on Oct 6, 2022

Check your local area for a legal clinic offering free landlord-tenant services in your area. I believe University of Maryland has one, but you might also check local bar associations for guidance. Someone needs to review your lease and the facts.

1 Answer | Asked in Civil Litigation for Maryland on
Q: I recently stayed at an Airbnb and am being wrongfully accused of smoking in the property. How do fight this?

Property owner has a “smoke detection” device and claims that smoke remediation was needed, which they are charging us for. Again, none of us smoke so this is impossible.

Scott Scherr
Scott Scherr
answered on Aug 25, 2022

If they attempt to charge your credit card, you should dispute the charge. If they try to bill you for it, you can refuse to pay it. If they sue you for it, you can have a trial to decide the issue.

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