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Maryland Small Claims Questions & Answers
3 Answers | Asked in Estate Planning, Real Estate Law, Small Claims and Probate for Maryland on
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.

We have lived with my father in law 8 years before he died took care of all the bills and 4 out of the 5 signed over that we can buy them out the last brother is in jail and won't sign or corporate with us

Richard Sternberg
Richard Sternberg answered on Feb 24, 2018

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... Read more »

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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 Their online payment system is terrible and outdated.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 Bankruptcy, Car Accidents and Small Claims for Maryland on
Q: How would I settle a judgment for less than the judgment amount?

I recently found out I have a judgment that is affecting my drivers license so this is something I need to pay. About 8-9 years ago my ex and I were sued in Maryland District Court and I had a default judgment entered against me and she did not. We were never served with any papers to appear in... Read more »

Mark Oakley
Mark Oakley answered on Feb 3, 2018

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... Read more »

1 Answer | Asked in Civil Litigation, Small Claims, Family Law and Health Care Law for Maryland on
Q: friends dad found out she is on birth control and hes going to tell her boyfriends parents. is this legal (privacy law)?

her parents are divorced and her mom got her the prescription without her dads knowing, her dads new wife found the pills and told her dad. her dad is threatening to tell her boyfriends parents because he wants them to know their son is sexually active. her mom has told him not to do this. if he... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jan 12, 2018

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.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Maryland on
Q: Is there anything I can do to get past due rent money my former fiancé who moved into a new home with me?

I sold my condo & uprooted my life to purchase a home close to my fiancés work in Potomac MD. The home is in my name only (both the deed & mort) but we had a verbal agreement that he was to pay $1,000 per month to contribute to the bills, for I could not afford this place & maintain it... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 7, 2018

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... Read more »

1 Answer | Asked in Small Claims, Collections and Probate for Maryland on
Q: See

Seeking a lawyer who does claims from a deceased friend account..who borrowed from me before passing.

How do i handle this nightmare.?

I am in md.

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

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... Read more »

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Maryland on
Q: I received a judgment in my favor approximately 15 years ago in MD. A car repair co.was at fault. Can I still collect?

I now live in another state. I was told by an atty that the company was liable for the interest as well as the $2500 judgeement. The company at fault had multiple complaints and judgements against them as I researched things myself. I would love to get my money. Any advise?

Bennett James Wills
Bennett James Wills answered on Dec 18, 2017

Unless you renewed it within 12 years, you can't collect.

1 Answer | Asked in Contracts and Small Claims for Maryland on
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?

She claims she is going to get her degree, make more money and pay it herself. But she won't say how much the note actually is, what bank it's going to, how much school is left, and when I wanted the account information so I could make the payment instead of dropping off the money, she... Read more »

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

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...
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1 Answer | Asked in Divorce and Small Claims for Maryland on
Q: Can somebody's father represent them in a small claims case?

My ex says her father, who is an attny, is going to represent her in a small claims case that I want to bring against her. That is a conflict of interest isn't it?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 28, 2017

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...
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1 Answer | Asked in Small Claims for Maryland on
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??

The guys they sent were idiots and didn't listen to any advice I tried to give them, remove the doors, take the bed out of the sofa bed, use the moving staps I provided. After they got trapped halfway out the door and in the hallway me and my fiancé were forced to help them. They had already... Read more »

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

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... Read more »

1 Answer | Asked in Small Claims for Maryland on
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.

We have a promissory note, where it states he will pay for the payments as well as any late fees. The car payments are up to date but I believe it affected my credit score and now i cannot apply for a mortgage loan.

Bennett James Wills
Bennett James Wills answered on Oct 23, 2016

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.

1 Answer | Asked in Small Claims for Maryland on
Q: What is the law concerning storing other peoples stuff at your house?

My wife and I are separated so this question is for her. Long story short, She had a friendship with a hoarder. This person had been bringing things over and storing them at her place during the course of their friendship. The wife allowed it because she was thinking that she was helping... Read more »

Ronald V. Miller Jr.
Ronald V. Miller Jr. answered on Apr 19, 2016

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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