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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Can a clinical social worker/ Theripist request payment by phone and refuse to give me invoice before payment?

A Theripist is claiming I have to pay with my credit card by today by phone or she is sending to collection but will only give me invoice after I pay? She just txt dollar amount? She is real I met her 4 sessions. She is going about this unprofessional one days notice threatening to send to... Read more »

Bennett James Wills
Bennett James Wills answered on Feb 6, 2018

Seems strange. Why don't you call the primary office where this person works to determine if it is real and not a scam?

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Maryland on
Q: I need advice on what I am able to do about a company who owes me more than $5,000.

I am a former LuLaRoe (a clothing company) consultant who cancelled my contract with the company back in September of last year. During this time, they were offering a 100% refund of inventory sent back with their provided shipping labels. They received my inventory on September 15, 2017. I have... Read more »

Bennett James Wills
Bennett James Wills answered on Feb 2, 2018

You could choose to file a lawsuit in the Maryland district court (assuming you have jurisdiction) to seek a judgment against the company. Consult a lawyer for your best options.

1 Answer | Asked in Consumer Law and Contracts for Maryland on
Q: Is information given to me over email be considered a binding agreement.

I received an email from a representative of a county run program stating the selling price of a home that want to purchase. It has the amount stated in the email. the person stated that she will check with the executive officer to get the amount. She sent me an email back a few days later with the... Read more »

Mark Oakley
Mark Oakley answered on Jan 27, 2018

No. In order to make a binding contract, there must be both an offer and an acceptance of the offer, plus an understanding of all material terms of the agreement. You never accepted the offer of sale and closed the deal. In real estate, prices increase or decrease over time. You never locked in the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Maryland on
Q: My Daughter's father is charged with 2 second degree charges.

I wanted to drop the charges what happens if I don't show up to court that day?

Mark Oakley
Mark Oakley answered on Jan 23, 2018

If you were subpoenaed, then you should go. Otherwise, unless there were serious injuries, in all likelihood, the case will be dropped.

1 Answer | Asked in Consumer Law, Real Estate Law, Civil Litigation and Collections for Maryland on
Q: We received a notice of intent to claim lien for unpaid front foot benefit charges (MD) that we already paid.

We have a copy of the check including the back showing that it was deposited not by the invoicing company but by a company that shares the same registered agent and address as the utility company that invoiced us. The notice states that we must file an action in circuit court to determine whether... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 9, 2018

It is generally a bad idea to deal directly with the other side's lawyer as the opposing client. It is this setting that causes more incidents of laypeople believing that lawyers are dishonest. All ethical lawyers in that setting are bound, and will, tell you the truth from their clients'... Read more »

1 Answer | Asked in Banking and Consumer Law for Maryland on
Q: Is a company allowed to completely drain your bank account to where its in the negative

My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?

Bennett James Wills
Bennett James Wills answered on Jan 5, 2018

Yes. They can garnish her bank account. There are certain protections she could have and may still be able to file such as exceptions. Consult local counsel.

1 Answer | Asked in Consumer Law for Maryland on
Q: I bought a washer off of craig's list that turned out to be a dud - can i go after the seller?
Bennett James Wills
Bennett James Wills answered on Jan 5, 2018

You may have a breach of contract claim. Would depend on the terms of the sale. But typically in an arms-length transaction you have the responsibility to inspect the goods prior to purchase. Consult local counsel.

1 Answer | Asked in Consumer Law for Maryland on
Q: I am a Maryland resident. Do my house and my IRA's (roth and rollover) have legal and creditor protection in a lawsuit?

For example, if I am involved in an auto accident can the other party attach my house or above retirement assets?

Is there a definitive answer or is this a gray area in Md law? Depending on the answer is there still a role for an umbrella policy to play in the picture? Thank you.... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 2, 2018

Maryland law does not protect a house from claims of the owner's creditors. Generally speaking a house and most other assets are "up for grabs" by a judgment creditor. The law offers a very limited exemption of about $6,000 from collection but such exemption is not automatic. If titled... Read more »

1 Answer | Asked in Banking and Consumer Law for Maryland on
Q: Is a company allowed to completely drain your bank account to where its in the negative

My mother owes a company 7,000 they filed a lawsuit and won. Now they take 25%of her check and are draining her bank account empty so its overdrawn and she cant pay other bills is that allowed?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Dec 29, 2017

Your mother would benefit from some legal advice. Generally it is difficult to recapture funds once they are taken. A judgment creditor has various enforcement rights and they include the right to seize assets belonging to the person who owes the judgment. These include the right to get a... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Can a car be repoed at college if it's considered private property?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 21, 2017

If someone borrowed money for a car and put up the car as collateral then the lender may have rights to repossess the car, wherever located, and it is unlikely that keeping a vehicle at a college campus will keep it out of the grasp of repossession. The limits of what a repossessor can do without... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: My nephew was borrowing my car, and sold it to a third party to make some money without getting my permission first.

What can I do to get my car back from the third party? I don't want to get my nephew involved.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 21, 2017

A district court action can seek the return of property such as an automobile, valued up to $30,000.

You are strongly encouraged to consult with a lawyer before filing suit. In some locations the district courts offer a pro se help clinic to assist parties who do not have a lawyer.

1 Answer | Asked in Car Accidents and Consumer Law for Maryland on
Q: Could I sue my car co-signer because she refuses to give me the keys back and I have proof of payments?

I was co-signed by my mother for lack of credit. Because I am 21 now and taking decisions on my own, she is keeping the car from me to have some control. She stole the keys from me and refuse to give them back. I made all the payments for the car note and the insurance for about 4 months now. Could... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

I suggest you spend the money you'd spend on a suit on a family therapist to work things out. Seriously--you may have other issues but suing mom will just be adding gas to a fire.

As the owner, you have 100% right--the cosigner has obligations but few if any property rights.

The car...
Read more »

1 Answer | Asked in Collections and Consumer Law for Maryland on
Q: Amount of time the law gives you before lien?

What is the amount of time you get before lien? Also if you rent a room in a house, can a lien be placed on the house(which you don't own)?

Eric Todd Kirk
Eric Todd Kirk answered on Mar 5, 2017

It is not possible to fully answer your question without some additional context. The law does provide that, in certain instances, individuals can assert a lien without first obtaining a judgement. Examples here would be a mechanic's lien or a lien for attorneys fees. In other instances one must... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: My Mom, with early stage dementia, was enticed to sign up for a time share when she was visiting Vegas

- is there anything we can do to get out of it?

Bennett James Wills
Bennett James Wills answered on Feb 4, 2017

Maybe. You should have an attorney review the sales agreement. And if she was in Vegas, you'll likely need to find a lawyer out there to assist.

1 Answer | Asked in Consumer Law and Real Estate Law for Maryland on
Q: In condo documents related to settlement who is the "Owner?"

I'm purchasing a condominium in Baltimore and the closing agent has setup the HUD-1 to collect "working capital" from the buyer. But the words in condo docs state:

"In addition, each Owner of a Residential Unit or Commercial Unit (other than the Developer or the Master Association) shall... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 24, 2017

You'll need to have a real estate attorney review the relevant documentation to give you a proper answer.

1 Answer | Asked in Consumer Law for Maryland on
Q: Found $100 gift card from 1.5 yrs ago when cleaning today. Card balance only $75, but no fees disclosed on card package.

Is this legal? This feels like theft! Why is $100 given to BoA worth only $75 to me just 1.5 yrs later?

Bennett James Wills
Bennett James Wills answered on Jan 24, 2017

Often times gift cards have expiration dates or the supporting financial institution has annual fees that are deducted.

1 Answer | Asked in Consumer Law for Maryland on
Q: I just found a judgement on my credit card, but I never lived in the state where it is coming from - what do I do now?
Derek A. Hills
Derek A. Hills answered on Jan 6, 2017

I would recommend that you contact a consumer protection attorney to discuss the details. If you never owed the debt on which the judgment was based, you might be able to attack the judgment. If successful, you might be able to file a claim against the company that filed the lawsuit as well.

1 Answer | Asked in Consumer Law for Maryland on
Q: What's my next step - I am disputing a charge on my credit card and the credit card company is saying it's valid.
Derek A. Hills
Derek A. Hills answered on Dec 10, 2016

Without knowing more, I would recommend contacting your credit card company to find out how to appeal the decision. Also, ask why they are considering the charges valid. Make sure you keep thorough notes concerning your communications with the company, including dates and times of calls, and names... Read more »

1 Answer | Asked in Contracts and Consumer Law for Maryland on
Q: I owe a large company a lot of money. They want $500 payments monthly which I can not afford. I have offered to pay half

Can they send me to collections if I can't pay the

$500?

Bennett James Wills
Bennett James Wills answered on Oct 14, 2016

Yes. They can send you to collections. They can also sue you and seek a judgment.

1 Answer | Asked in Consumer Law and Health Care Law for Maryland on
Q: am I still liable for cancellation fees even know I have a doctors medical note stating I cant use a providers services?
Peter N. Munsing
Peter N. Munsing answered on Sep 22, 2016

Depends on when you canceled. Another argument to make is that the doctor is busy so was able to use that time.

Each doctor has their own cancellation schedule. Some are 24 hour notice, some 72. If you were outside those times, shouldn't be an issue.

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