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Maryland Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Maryland on
Q: Can I go to small claims court?

I had planned to go on a beach trip with my ex friend and her family in December. I gave my portion of the payment of $616 to my ex friend on May 4th. She told me at anytime I changed my mind, I could get my money back. I notified her October 13th I would not be able to go as some other things came... Read more »

Mark Oakley
Mark Oakley answered on Nov 14, 2021

Her emailed response that she would refund you the money will help corroborate your claimed terms of the agreement that the money you paid was refundable at any time, but the "at any time" term is probably not one actually confirmed in the email--just that she would refund you the money.... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: What Happens If The Owner/Owners File A Wrongful Detainer MD Cts & Jud Pro Code § 5-103 (2019)

What Happens If The Owner/Owners File A Wrongful Detainer Against Against MD Cts & Jud Pro Code § 5-103 (2019) Or Can They? (Illegal/legal) (Adverse Possession Cannot Be Interfered With By A Landowner) Involuntary Alienation Voluntary Alienation Are Both The Same One Not Highly One Not... Read more »

Mark Oakley
Mark Oakley answered on Oct 24, 2021

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) What Happens If The Owner Owners File A Wrongful Detainer.

What Happens Or What Can Happen If The Owner/Owners File A Wrongful Detainer Regarding Adverse Possession ........ Can They? MD Cts & Jud Pro Code § 5-103 (2019). Or What Can Happen To The Owner/Owners As A Result They Do?

Leonard A Englander
Leonard A Englander answered on Oct 24, 2021

Well, a wrongful detainer action (WD) is where the owner of the home claims that there is a person living in the property who doesn't have a legal right to be there. If the owner files, it will come before a judge who will need to make a determination as to whether the person alleged to be... Read more »

1 Answer | Asked in Criminal Law, Public Benefits and Small Claims for Maryland on
Q: Can I sue president of my organization if he goes contrary to our constitution to remove members who do not support him?

We are a membership organization of about 20 members. The president who goes contrary to our constitution removed about 9 members who oppose his leadership style. We have funds that belongs to all of us and we all need to affect the use of this fund even if we exit the organization as he wants. Our... Read more »

Mark Oakley
Mark Oakley answered on Sep 3, 2021

Take the organization constitution to a lawyer to review, and evaluate your legal options, as well as actions you can take under the constitution, such as calling a special meeting, holding a new election, removal of the president, etc., whatever the provisions allow. Recourse to the courts... Read more »

1 Answer | Asked in Small Claims and Consumer Law for Maryland on
Q: The loan is in my name only but the registration and tags are in mine and Exs name. Who ownes the car legally?
Mark Oakley
Mark Oakley answered on Aug 15, 2021

By title, you both legally own the car equally. Neither of you could be charged with the crime of theft for taking possession of the car from the other and driving it away. Civilly, however, as part of an alleged contract or agreement pursuant to which one of you made all the payments toward the... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Real Estate Law for Maryland on
Q: What type of lawyer specializes in home warranty cases? My builder is refusing to cover items in the 1-year warranty.
Richard Sternberg
Richard Sternberg answered on Aug 3, 2021

That’s just a litigator who practices in the county where the builder will be sued.

1 Answer | Asked in Civil Rights and Small Claims for Maryland on
Q: I was banned from a chat room unfairly. I was given no warning of being banned. No warning action such as restricted.

I was banned over actions done outside of the chat room which is not fair. And when I tried to discuss things with the chat room owner, she cyber shouted at me. She never had considered that never has there been any issues from me ever and the owner never even considered that. I felt completely... Read more »

Mark Oakley
Mark Oakley answered on Jul 20, 2021

You have no legal right to be admitted to a private chat room owned, controlled or moderated by others. You have no right to be present in any privately owned setting, physical or virtual, which is not yours. You cannot force others to be friends with you, talk to you, allow you into their social... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Maryland on
Q: My sister refuses to give my cat back. I have microchip, breeder contract when bought . How can I get him back?

She agreed to holding him until I got a job and back on my feet and can pick him up after. But now she has blocked me everywhere and just absolutely will not communicate or return him. He is a $2000 sphynx.

Mark Oakley
Mark Oakley answered on Jul 4, 2021

File a District Court complaint for "replevin", a form of action to recover property that belongs to you from a person wrongfully holding it. The complaint forms can be downloaded from the court's website, and are fillable PDF documents; or, you can obtain paper copies from the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for Maryland on
Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?

My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?

Mark Oakley
Mark Oakley answered on May 27, 2021

I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »

1 Answer | Asked in Small Claims for Maryland on
Q: How can I file a lawsuit against ADP for gross negligence?

For 10 months I've needed my W2/C for 2019. State tax information is wrong. 10 months and ADP keeps saying they're working on it. My employer is also responsible as well.

Mark Oakley
Mark Oakley answered on May 6, 2021

The IRS requires employers to file a Form W-2 for each employee by February 1 following each tax year. If an employer fails to send out on time, the IRS may fine the employer $50, plus penalties for improperly filing a W-2, such as providing incorrect information on the form. You may report your... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Maryland on
Q: How do I rectify this situation with my apartment complex? I just want to be treated fairly or retrieve some justice?

I’ve been in a 1 year lease for about 6 mo and have been filled multiple complaints about the flooding in my building and apartment unit. Everytime it rains it floods nasty sewage into my building and rain water seeps into my apartment. I was given no warning or waiver about this before signing... Read more »

Mark Oakley
Mark Oakley answered on Dec 15, 2020

Go the the management office, demand: (1) to be released from your lease so you can move out to another place to live; or (2) to be relocated to another apartment without these issues. If you do not get either of these requests granted, file a complaint with the county health department and/or... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Business Law and Small Claims for Maryland on
Q: I sold my business for monthly payment. now buyer stop check and closed bank account.buyer negotiate for less amount.

I am seller of business and sold to Buyer for 30k and we agree on 10k monthly payment.payment was $1000 every month but after 2 payments, buyer stop payment and also closed bank account. now buyer wants to negotiate the balance for 6k for 8k (one time payment). I still have those 10 checks... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

The buyer is in breach. Sue for the amount owed on the purchase contract.

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Bought a used car and was given an I owe you for repairs. Haven't made any progress a month later. Deferred down payment

I was not informed about having to pay a "deferred down payment" the same day as my first monthly installment payment. Is there anything I can do?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Naturally you would get all parts of an agreement regarding this major purchase in writing, so you just need to refer to your written agreement to see what your rights and obligations are. If you did not get a written agreement, I guess the next question is: "Who is the registered owner of... Read more »

1 Answer | Asked in Collections and Small Claims for Maryland on
Q: Can my license get suspended after 7 years of not hearing a single word from the dealership I'm being sued

And their lawyer is saying I'm gonna lose my license until it gets paid

Diana Valle
Diana Valle answered on May 25, 2020

More details are needed. Who is suing you and what is the debt for? If it is for past due child support that is a possibility. I would need more details to provide you with a better answer.

1 Answer | Asked in Small Claims for Maryland on
Q: Took brand new shirts to dry cleaner to get wrinkles out. They returned them with tears & burn marks, then denied claim.

Dry cleaner said they would reimburse for the shirts but after calling them every few weeks for the past 9 months(!) they just denied the claim. Can they really just say they’re not responsible for ruining brand new, never worn clothes? I don’t know what else to do at this point and have wasted... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 7, 2020

You could look into small claims court. The problem is that the time and effort is likely to exceed $100. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Maryland on
Q: The debtor is paying me in installments for my $5k judgment. Judgment awarded Jul 22, payments started Nov 8.

Can I collect court cost & interest from the date of my judgment until the loan is paid off & what is the % amount in MD?

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Judgments carry 10% interest per annum by law. Shouldn't be any further court costs unless you need to keep filing garnishments or anything of the sort. However, if you came to some other payment agreement, the answer may be different.

1 Answer | Asked in Small Claims for Maryland on
Q: Could incorrect location of accident in small claims complaint qualify for motion to dismiss?

fender bender accident. no personal injury. claiming neglect for accident but lists incorrect location.

Tim Akpinar
Tim Akpinar answered on Nov 15, 2019

As a general matter, a court will not dismiss a case for errors of the type you describe (vehicle make, intersection, etc.). A judge will usually allow parties to correct such errors. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Maryland on
Q: If you loan a person $2000 and he doesn't repay it, what recourse do you have?
Mark Oakley
Mark Oakley answered on Aug 14, 2019

File a Small Claims suit against the person for breach of the loan agreement. The civil complaint forms are available online or at the civil clerk’s office of the District Court.

1 Answer | Asked in Traffic Tickets and Small Claims for Maryland on
Q: What is the point penalty for first offense Maryland - TA.21.1124.2.D2?

I got a traffic citation in Lexington Park, Maryland. TA.21.1124.2.D2 - "Driver using hands to use handheld telephone while motor vehicle is in motion". This is my first offense and on a quick search there is a fine of 83$ and no point since I did not contribute to an accident. However,... Read more »

Mark Oakley
Mark Oakley answered on Aug 8, 2019

It carries 3 points. Request a trial, NOT a waiver hearing. If the officer does not show, you plead not guilty and will be found not guilty. If he shows, and you admit you did the deed, you can plead guilty with explanation. Ask for a probation before judgment (PBJ), which will result in no... Read more »

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