Maryland Small Claims Questions & Answers

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: Buying a car with lien

1 Answer | Asked in Small Claims and Contracts for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...

Q: Hi, I live in Maryland my ex is trying to sue me cause I called off the wedding. I also emotionally cheated.

1 Answer | Asked in Family Law and Small Claims for Maryland on
Answered on Oct 10, 2018
Mark Oakley's answer
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 marriage. If your ex-fiancée incurred costs and expenses paying for things like the wedding venue, engraved invitations, etc., then maybe they would be able to claim 50% contribution toward those...

Q: How do i remove a suspension of my license from a judgment that was vacated

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Answered on Sep 13, 2018
Eric Todd Kirk's answer
I would suggest you contact the MVA, show them your paperwork, and follow their direction to get your license reinstated.

http://www.mva.maryland.gov/about-mva/info/27200/27200-07T.htm

Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Answered on Aug 28, 2018
Thomas A. Grossman's answer
After a mediation, you can sue the HOA for failure to enforce its' CCRs.

Q: Can we get rid of personal items that someone left on our property for years? (not tenant, no money exchanged

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Maryland on
Answered on Jun 8, 2018
Mark Oakley's answer
Yes, it's abandoned property. Do what you like with it. Sell it to defray the inconvenience and fair rental value of storing it beyond the agreed time period. If you want to really play it safe against any potential claim she may make, wait the 30 days notice you give in your non-certified letter. Require her to contact you and make mutually acceptable arrangements for a date and time to clear the items out, and state clearly that you will dispose of all the items if they remain past 30...

Q: A house owned by a deceased parent and 4 siblings on the deed with one sibling refusing to sign off on the sale.

1 Answer | Asked in Real Estate Law, Probate and Small Claims for Maryland on
Answered on Mar 31, 2018
Richard Sternberg's answer
Virginia law is express about charging the legal fees for a petition for sale in lieu of partition to the cost of sale borne by all co-owners. I have gotten Maryland courts to award that as well, but it is fact-specific. Consult your lawyer about whether it is worth the legal cost of pursing reimbursement of legal fees.

Q: Will the orphans court judge make a decision on a estate if 4/5 brothers agree for one brother to buy out the house.

3 Answers | Asked in Estate Planning, Real Estate Law, Small Claims and Probate for Maryland on
Answered on Feb 24, 2018
Richard Sternberg's answer
The Orphan's Court is likely to require you to obtain a proper appraisal so that your brother is properly compensated. But, do you really want to take title in the names of four of five brothers? Do you all live there? Wouldn't it be better to sell it and divide the proceeds so you can each have your own down payments?

Reading an answer on the Internet does not create an attorney-client relationship. You are represented by me when we have both signed a retainer agreement (on paper or...

Q: Can a company back bill me?

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Answered on Feb 10, 2018
Mark Oakley's answer
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.

Q: A company sent me a check for $1000. It was written to me, and came with no explanation. Now they want it back.

1 Answer | Asked in Adoption, Consumer Law and Small Claims for Maryland on
Answered on Feb 10, 2018
Mark Oakley's answer
Yes, you are. You cannot keep something you received by mistake. You will lose in court if they file a claim.

Q: How would I settle a judgment for less than the judgment amount?

1 Answer | Asked in Bankruptcy, Car Accidents and Small Claims for Maryland on
Answered on Feb 3, 2018
Mark Oakley's answer
The original judgment may have been $6,600, but it’s been accruing 10% postjudgmemt interest annually since then, meaning it’s probably doubled by now. If the judgment creditor has never tried to collect on the judgment, you might let sleeping dogs lie, at least until 12 years have gone by since the date of judgment. Judgments expire and become unenforceable after 12 years unless the creditor files a request to renew it before the 12 years expires. I doubt they will accept 10%, and all...

Q: friends dad found out she is on birth control and hes going to tell her boyfriends parents. is this legal (privacy law)?

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on
Answered on Jan 12, 2018
Cedulie Renee Laumann's answer
Unless the concerned parent is a medical professional who learned the news in a professional capacity, talking with the parents of a child's boyfriend/girlfriend would not seem to violate any known privacy laws.

Q: Is there anything I can do to get past due rent money my former fiancé who moved into a new home with me?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Answered on Jan 7, 2018
Richard Sternberg's answer
Under the ancient and respected Statute of Frauds, a contract regarding land is voidable unless it is in writing, so an oral lease is unenforceable unless a series of strategic errors causes the defendant to admit the contract judicially. For example, if he pled in the protective order case that he was a rightful tenant, that might stick. As a practical matter, it is unlikely to happen, but with expensive legal talent aimed at the right objective, it might. There are also a number of "writings"...

Q: See

1 Answer | Asked in Small Claims, Collections and Probate for Maryland on
Answered on Jan 2, 2018
Cedulie Renee Laumann's answer
The law sets strict time frames for asserting a claim against a deceased person. Creditors may file a claim in the Estate of a decedent although this is generally limited to the first 6 months after death. The Register of Wills has claim forms available for filing with a modest filing fee per claim. If the claim is rejected or suit needs to be filed to establish entitlement to money, it may be advisable to use the services of a lawyer. You may wish to start by contacting the Lawyer Referral...

Q: I am helping someone with their car payment but I don't think the money is going towards the car. Can I ask for proof?

1 Answer | Asked in Contracts and Small Claims for Maryland on
Answered on Nov 21, 2017
Cedulie Renee Laumann's answer
Although not strictly a legal answer, a "gut" reaction to question might urge strong caution before loaning money.

Without question someone can demand proof before lending money. Moreover, if someone claims to need money to pay a specific bill it would be reasonable to make the funds payable directly to the creditor.

Q: Can somebody's father represent them in a small claims case?

1 Answer | Asked in Divorce and Small Claims for Maryland on
Answered on Sep 28, 2017
Cedulie Renee Laumann's answer
Nothing in the law prohibits attorneys from representing a family member. Unless the attorney and the relative they represented had competing / different interests in the outcome of the case, it is unlikely to be a problem.

You may wish to review the Rules of Professional Conduct for Maryland attorneys to get more information about prohibited conflicts of interests.

Q: I used a third party site to find people to move a sofa from one room to another. Can I sue for the damages??

1 Answer | Asked in Small Claims for Maryland on
Answered on Nov 14, 2016
Bennett James Wills' answer
You'd likely sue the company that was hired. Not necessarily the third party site you found them on. How do you file a lawsuit? There are self help guides at most district court houses around the state. Those are helpful if you claim is less than 5k. Otherwise, you may want to hire an attorney. But you'll still need to prove your damages.

Q: can i sue my ex-husband for late payments on our car payment? It has affected my credit score and i cant get a loan.

1 Answer | Asked in Small Claims for Maryland on
Answered on Oct 23, 2016
Bennett James Wills' answer
Maybe. Depends on the terms of the promissory note. An attorney would need to review your documents to see if you have a viable claim. Consult a local attorney.

Q: What is the law concerning storing other peoples stuff at your house?

1 Answer | Asked in Small Claims for Maryland on
Answered on Apr 19, 2016
Ronald V. Miller Jr.'s answer
I think the smart thing is to send them a letter certified mail return receipt requested asking them to pick up the property by some date in the future (the longer the better) and otherwise you are going to give the stuff to Goodwill (or whatever).

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