Get free answers to your Small Claims legal questions from lawyers in your area.
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,... View More
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... View More
my wife and I left a leased property early and had a $10,000 judgement entered against us. Today we saw her account with $150.00 was garnished.
answered on Jul 6, 2019
Yes. However, all persons in Maryland have statutory exemption rights. Basically, there are various dollar amounts that you can exempt from attachment by judgment creditors. Chief among those exemptions is the $6,000 “wild card” exemption that can be used on any asset you own, including cash in... View More
After months of not speaking with me the friend now wants to take me to court for money that is not a loan. Would this action fall under Title 5 Subtitle 9 5-901 Executory Contracts? The amount was 800 however the friend is stating in court that it is $1200. How do I fight this? I offered to pay... View More
answered on May 30, 2019
I'm sorry to hear about your "friend."
Your matter is pretty fact dependent, however generally, a "gift" is a voluntary transfer of property by one to another, without any consideration or compensation provided to the transferor. Thus, a gift is a gratuity.... View More
After discussing this with my neighbor, it would seem she gave them the Ok to perform the damaging work.
answered on Mar 28, 2019
Your potential claim is against both the neighbor acting as principal and the potential trespasser or nuisance tortfeasor, acting as agent, the contractor. You should evaluate the case with a lawyer and consider issuing a demand letter.
Be prosecuted if it has caused harm to a business.
answered on Dec 7, 2018
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.
I want to buy a car - 7,500$. It has lien on it -6,500$. Seller says- when I pay him off, he will pay off his bank, will get the original title (now Bank has the ORIGINAL title and the seller has DUPLICATE title) and will give it to me. So, he will take couple of weeks after I pay him off to give... View More
answered on Nov 23, 2018
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... View More
answered on Oct 10, 2018
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... View More
My driver's license was suspended for an unpaid judgment that was 8 years old that i did not know about. I got the judgment vacated and the plaintiff has no proceeded with any action on the case since the judgment has been vacated. How do I get this suspension removed since there is no more... View More
answered on Sep 13, 2018
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
Rain water from neighbors home has caused mole and water damage in my basement. HOA CC&R, Art. X, Maintenance, authorizes board to repair neighbors property, collect costs, place a lien and foreclosure for owner who has failed to maintain property to standards. I can not repair my damage... View More
answered on Aug 28, 2018
After a mediation, you can sue the HOA for failure to enforce its' CCRs.
A few years, an acquaintance asked my wife if she could store her personal property in an outbuilding at our residence (Maryland) for a few months. We decided to help her out and agreed to let her use the space since we were not using it at the time. We were never a landlord, she was never a... View More
answered on Jun 8, 2018
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... View More
Four siblings are on the deed, nothing in the will mentions anything about property. One sibling refused to sign off on sale resulting in legal expenses and a trustee being assigned. Is there anything I can do to recover legal fees incurred?
answered on Mar 31, 2018
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... View More
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
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... View More
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... View More
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.
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?
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.
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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.
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... View More
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?
answered on Dec 18, 2017
Unless you renewed it within 12 years, you can't collect.
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... View More
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... View More
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