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Maryland Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Municipal Law for Maryland on
Q: How long do I have to legally hold my exes belongings before I can get rid of the stuff?

I live in Hagerstown Maryland and my ex left some of his belongings in my apartment and he was not on the lease. It has been 50 days and I have asked him numerous times to get his belongings and he has not come to get it.

Mark Oakley
Mark Oakley
answered on Aug 16, 2022

Assuming there is not some other written agreement or court order that specifically addresses the issue, you should send a final, written notice by any (or multiple) means likely to reach your ex, that he must make immediate arrangements with you to pick up his belongings at a mutuall agreeable... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: How to get information on doing a publication by a newspaper to properly file a motion for alternate service?
Mark Oakley
Mark Oakley
answered on Aug 16, 2022

First, you only file a mtion for alternative service of process when the normal methods of service of process on the defendant, despite good faith diligent attempts, have failed, and renewal of summons for similar future attempts would be impractical or unlikely to succeed. The usual reasons for... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: If unable to locate business resident agent, is it acceptable service to the General Counsel's Office?
Mark Oakley
Mark Oakley
answered on Aug 3, 2022

Maryland Rule 2-124:

(d) "Service is made upon a corporation, incorporated association, or joint stock company by serving its resident agent, president, secretary, or treasurer. If the corporation, incorporated association, or joint stock company has no resident agent or if a good...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: Is an express waiver of federal government sovereign immunity done only by statute(s)?
Mark Oakley
Mark Oakley
answered on Jul 19, 2022

I am unaware of any statute or court opinion that permits a non-specific statutory basis for waiving sovereign immunity of any government, be it local or federal. No elected official, appointee, employee or other agent acting on behalf of the government can, through their individual acts or... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: I wanted to know if you could cancel charges already in process, and if the person being charged could charge you back

I also wanted to know how long it takes for charges to go to court

Scott Scherr
Scott Scherr
answered on Jul 14, 2022

Once charges are filed, only the State's Attorney can drop the charges. The victim has no control over the charges. The victim can tell the State's Attorney he or she wants the charges dropped, but the State does not have to follow the victim's wishes and often does not.

The...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: Do the court provides an Oath taker and Court Reporter that is certified with the courts?
Mark Oakley
Mark Oakley
answered on Jun 28, 2022

In proceedings like trials and merits hearings where testimony is being taken by the litigants or witnesses, all persons testifying are sworn under oath by the clerk seated to the side of the judge prior to testifying. Court reporters have been replaced with electronic recordings using sensitive... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: in the graham v. connor did the supreme court find in favor of graham or connor
Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Graham.

1 Answer | Asked in Civil Litigation for Maryland on
Q: In general, when filing Maryland court cases, how can one request that a civil case simply be kept private?
Scott Scherr
Scott Scherr
answered on May 23, 2022

You would need to file a motion to seal and show the reasons why the file and all pleadings should be sealed.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Civil Litigation for Maryland on
Q: How can I get receipts

MOM has Alzhiemers. Sister and her Daughter are ones that take care of her.They tell us what they want us to know. They don't show any receipts, paperwork or proof of what they claim they do. Nothing is discussed with our Sister or Myself before Sister makes Decisions. Such things as... View More

Mark Oakley
Mark Oakley
answered on May 21, 2022

Any Maryland lawyer can answer your question. If you are looking to hire a lawyer from Baltimore, that is a different issue. The first question any lawyer would have for you is, does anyone (e.g., your sister) have a power of attorney executed by your mother appointing them as your mother's... View More

3 Answers | Asked in Consumer Law, Real Estate Law, Civil Litigation and Legal Malpractice for Maryland on
Q: I'm a realtor in MD and a client posted a defamatory google review...can I sue for non-economic damages?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 28, 2022

I am also a MD broker, and we have had this question from many of our clients, over time. The answer is entirely dependent on what the review says, and the circumstance. But it is extremely unlikely that you would ever recover non-economic damages. Have you exhausted your remedies with Google? Have... View More

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1 Answer | Asked in Civil Litigation for Maryland on
Q: I filed a writ of mandamus in circuit court but the case is still open because the other party couldn't be served as

they didn't leave a forwarding address. When I called the circuit court the clerk informed me I need to contact a lawyer to find out what I need to do next.

Mark Oakley
Mark Oakley
answered on Mar 24, 2022

You must either locate and serve the defendant, or meet the requirements to support a motion for issuance of an order allowing "alternative service" (which can include mailing to the last known address, posting notice in the courthouse, etc.). To qualify for alternative service, you must... View More

1 Answer | Asked in Banking and Civil Litigation for Maryland on
Q: What quailifies somone as a convinice oerson on a joint account. Does it have to be expressly stated?

Can the role of convenice person be presumed based on who added money to the account and how it was used if nothing was expressly stated in the account agreement?

Mark Oakley
Mark Oakley
answered on Mar 19, 2022

If two person's names are listed as joint account holders, and there is no designation otherwise, the law presumes the account is joint owners with right of survival, and both account holders have equal access to the funds from the bank's perspective. However, if there is an agreement... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Maryland on
Q: Encroachment I have a survey with where my property starts and it ends and it ended over my neighbor’s fence

I have pictures and a video showings when the surveyor was doing the work he put a stake in her yard she has now removed the stake twice and will not remove here fence I am mailing her a letter giving her a copy of the survey and asking here to remove here fence within 30 days from the date on... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 17, 2022

Good for you, to be proactive! If she doesn't respond you can remove the fence. If you want to avoid a possible confrontation, or escalation of neighbor dispute, you might consider an action for trespass/ejectment in the Circuit Court.

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1 Answer | Asked in Civil Litigation for Maryland on
Q: In small claim court must a defendant provide the plaintiff copies of his evidence. If all evidence submitted to court
Mark Oakley
Mark Oakley
answered on Mar 4, 2022

It is generally good practice to come to court equipped with copies for all parties, and to keep a copy for yourself; however, a judge is not going to refuse the admission of relevant evidence solely on the ground there are no copies for the other side. However, before the evidence may be accepted... View More

1 Answer | Asked in Tax Law and Civil Litigation for Maryland on
Q: Could someone regret his/her gift and take it back?

Someone gives a certain amount of cash as a gift unconditionally and voluntary*, but later he regrets and asks the receiver to return it. The receiver initially, as a courtesy shows willingness to return it**, but later he changes his mind due to very rude attitude of gift's giver. He wants to... View More

Mark Oakley
Mark Oakley
answered on Feb 10, 2022

A gift is a gift, unconditional and complete upon transfer to the recipient. There are no "take-backs." If the giver now claims it was a loan, then it's a dispute of fact. Your word versus theirs, plus any evidence that supports your claim that it was a gift and not a loan. You... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Health Care Law for Maryland on
Q: What approach would you recommend in a situation when hospital security deny a father access to seeing his child born?

My boyfriend was not allowed to see our daughter born 2 weeks ago when he was in the lobby trying to get me . His wallet was stolen so he didn't have his ID but he had a copy of his birth certificate and he is listed in my hospital records as my emergency contact. He was peaceful and the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2022

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your unfortunate experience. In terms of legal advice you seek before meeting with hospital staff, you could reach out to a local attorney to discuss in further detail. You likely already know... View More

1 Answer | Asked in Business Law and Civil Litigation for Maryland on
Q: Can a Maryland business deny you service based on LGBT status? My child (exploring gender) was told they aren't welcome
Mark Oakley
Mark Oakley
answered on Feb 2, 2022

Not in Maryland they can't. The Fairness for All Marylanders Act of 2014 prohibits it. If the business is an establishment where the public has access to goods and services (bars, restaurants, hotels, gas stations, retail stores, etc.), it is not allowed to treat a person who identifies... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Maryland on
Q: What recourse do I have when a business refuses to accept a gift card that is still within 4 years of original purchase?

The gift card has fine print, smaller than 12 pt font, indicating that it expires 1 year from purchase.

Mark Oakley
Mark Oakley
answered on Dec 15, 2021

Read all about your rights at the following link, and scroll to the end of the page on the link for phone numbers to call. You can also search for a consumer protection lawyer who may be able to take on the case under a consumer protection statute that allows them to sue for attorney's fees... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: What can be done to remove an adult family member who refuses to leave my home.
Mark Oakley
Mark Oakley
answered on Dec 15, 2021

If there are grounds for a peace order or order for protection from domestic violence, those options can result in near immediate removal simply by filling out the petition forms, appearing befoe a judge or District Court Commissioner, and have the Sheriff remove them pursuant to an order. You do... View More

1 Answer | Asked in Civil Litigation and Estate Planning for Maryland on
Q: When referring to squatters, does the term “exclusive” refer to one person or a family as well?

For a squatter to possess property, it is required that they fulfill the requirements: Hostile, Actual, Open & Notorious, Exclusive, Continuous

The exclusive part is vague as it does not determine whether it is for exclusively one person or one party. Does this mean one family... View More

Mark Oakley
Mark Oakley
answered on Dec 1, 2021

"Exclusive" in this context means exclusive of the owner's and other third parties' (unrelated to the squatter) possession or occupation, without permission of the owner (the owner is not in possession, and has not permitted or agreed to the presence of the squatters). The time... View More

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