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Maryland Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Maryland on
Q: Can someone please explain this case number I received on a post card and what my next steps should be?

Case No. STK-CV-UBT-2016-11712

I tried to research it but was unable to get any information.

Thanks!!

Adam Savett
Adam Savett answered on Aug 10, 2018

It is a case in California state court involving alleged violations of of a federal law, the Fair and Accurate Credit Transactions Act (FACTA). FACTA was enacted to address the problem of identify theft by putting certain protections into place. Specifically, FACTA prohibits the printing of more... Read more »

1 Answer | Asked in Consumer Law for Maryland on
Q: Does a used car dealer need to have a certain type of license to do business in Maryland? If they don't and there's an

issue with a car I bought, will they get fined if I complain?

Mark Oakley
Mark Oakley answered on Aug 1, 2018

Yes, if they are a dealer, they must be licensed. Go to this web page, and scroll down to dealer complains:

http://mva.maryland.gov/businesses/investigations/complaints-and-investigations.htm

1 Answer | Asked in Consumer Law for Maryland on
Q: a lender told me that he would lend me $100,000 and after all the fees I would get 76,000 does this sound right
Mark Oakley
Mark Oakley answered on Jun 15, 2018

It sounds like predatory lending. It’s a lousy deal. Don’t do the loan.

1 Answer | Asked in Consumer Law for Maryland on
Q: Bank is taking money out of my account they're shutting down my debit card whenever they wan

And they wouldn't change the address when I change residence and I ordered new checks and they sent them to the old address what can I do over the phone

Mark Oakley
Mark Oakley answered on May 20, 2018

Maybe you’d be better off changing banks. It is difficult to ascertain what legal issue or question you are having, or even what the situation is that you are trying to describe, but it seems more like a misunderstanding between you and the bank’s procedures.

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: Thinking about filing chapter 7 or13 due to being sued for credit card debt I can not pay. Will my home be liquidated?
Nyasha A. West
Nyasha A. West answered on Apr 24, 2018

Unless you are in the arrears on your mortgage, your home will not be effected by filing bankruptcy. Prior to filing bankruptcy however, it is essential that you speak with an attorney to ensure you are able to adequately protect any equity in your home from creditors. In Maryland, homeowners are... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Maryland on
Q: There's a 3 year statute of limitations in the state of Maryland how can a collection agency place a judgement on me.

The original creditor charged it off

Mark Oakley
Mark Oakley answered on Mar 8, 2018

Assuming the 3 year SOL applies to your debt, the 3 years starts to run from the later of: date you first breached the agreement to pay (defaulted); the date you last made a payment on the debt; or the date you last acknowledged that you owed the debt. Suit must be filed before the SOL expires to... Read more »

1 Answer | Asked in Consumer Law and Tax Law for Maryland on
Q: I have past due federal student loans and past due IRS taxes. What is the maximum garnishment total % from my SSN check?

I have read both student loans and IRS taxes can garnish up to 15%. With both debts does that mean they can deduct 30% total?

Mark Oakley
Mark Oakley answered on Feb 17, 2018

No more than 15% of social security income may be garnished at a time from all creditors who are legally allowed to garnish such income. So, that’s the limit. Both past due federal taxes and federal student loans can be collected in this way. Both debts are possible to be discharged in... Read more »

1 Answer | Asked in Consumer Law and Native American Law for Maryland on
Q: Do I have to repay a tribal loan?

I live in Maryland. Their interest rates are illegal in Maryland.

Mark Oakley
Mark Oakley answered on Feb 13, 2018

It may depend on where the loan was made. If it was legal where made, it may be legal to enforce in MD. If the loan was made here in MD, or solicited here in MD, then the lender is required to be licensed in MD for many types of consumer loans, and the loan is subject to MD laws.

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Can a company back bill me?

Hi! So I live in Baltimore city. I park in a parking garage everyday. The garage is run by a larger company located in DC. I have used this garage for over 6 years. Their online payment system is terrible and outdated. I called them to set up automatic payments (for my sanity) they told me to go... Read more »

Mark Oakley
Mark Oakley answered on Feb 10, 2018

If you agreed to pay a certain amount per month, or per use, and you have never paid—regardless of whose fault it was—you still owe the money. If they are charging late fees, you might have an argument about that, but you must pay the cost of the parking you agreed to pay.

1 Answer | Asked in Adoption, Consumer Law and Small Claims for Maryland on
Q: A company sent me a check for $1000. It was written to me, and came with no explanation. Now they want it back.

We had worked with this company, and thought we they were giving us a refund we didn't know about. They called a month later, saying they wrote the check to the wrong people. It was intended for a couple with the same last name. Am I obligated to give the money back for their mistake?

Mark Oakley
Mark Oakley answered on Feb 10, 2018

Yes, you are. You cannot keep something you received by mistake. You will lose in court if they file a claim.

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.

Jim

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... 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 »

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