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Maryland Questions & Answers
1 Answer | Asked in Contracts and Real Estate Law for Maryland on
Q: I was having financial difficulties and got behind on my HOA payments. I used a state program to pay off the past due

amount but a few week later, I received notice that a lien was filed on my home. I contacted the lawyer's office several times and not got a call or email back. I continued to call the lawyer and my HOA because I was blocked from making HOA payments and have been ever since. The HOA tells me... View More

Tim Akpinar
Tim Akpinar
answered on Nov 24, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. Some questions go unanswered here, but you might have better chances of a response by including the "Real Estate" category. Given that time is of the essence here, and that... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: With new Redeem act in MD - looking to see if I can get a specific charge expunged?

CDS manufacture/distribute narcotic FELONY - State code CR.5.602.(1) Offense - 3/13/2007, probabtion completed I believe in early 2011.

Scott Scherr
Scott Scherr
answered on Nov 20, 2023

You should be eligible under the REDEEM Act of 2023. This charge should be able to be expunged seven years from the end of probation/parole assuming no new charges.

1 Answer | Asked in Employment Law for Maryland on
Q: Having problems collecting my severance pay and commission pay from my former employer. What can I do?

I have been gone from company since June 16th, 2023, and have yet to receive any funds. I have reached out by emails and text monthly and have not gotten any appropriate response. Not else what else I can do.

Scott Scherr
Scott Scherr
answered on Nov 16, 2023

You can sue for treble damages (three times the amount due) under the Maryland Wage Payment and Collection law. You should speak with an employment lawyer. You can also file a complaint with the Department of Labor of the State of Maryland.

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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1 Answer | Asked in Gov & Administrative Law for Maryland on
Q: I live in Maryland and want to put led lights on my carCan I have lights on while driving?Tire lights?Front lights
James L. Arrasmith
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answered on Nov 12, 2023

In Maryland, the laws governing the use of LED lights on vehicles are specific and must be followed to avoid legal issues. Under Maryland law, vehicles are prohibited from displaying red or blue lights visible from directly in front of the center of the vehicle. This is generally to prevent... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

2 Answers | Asked in Real Estate Law for Maryland on
Q: I have 2 properties on my road no one else in the neighborhood has my road as there address my neighbor keeps using it c

Can I claim the road as my own?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 10, 2023

I am not a Pennsylvania lawyer. You need a local counsel who knows about express easements in the chains of title, and possible adverse use easements, easements by implication, necessity, and those created by plat. Good luck!

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1 Answer | Asked in Municipal Law for Maryland on
Q: Is it illegal to commercial spray round up with no license in pg County Maryland

I've been doing it for 5yrs

James L. Arrasmith
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answered on Nov 9, 2023

In Maryland, the law requires that anyone who applies pesticides commercially must be certified and licensed by the Maryland Department of Agriculture. This includes the use of products like Roundup.

If you're applying pesticides as part of a business without the appropriate...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

1 Answer | Asked in Bankruptcy for Maryland on
Q: If your application to have Chpt.7 filing fee waived is denied when you file your Chp7. petition/case, how long do ...

... you have to make the first of the installment payments? AND, just want to make sure that either way the case is indeed filed and you receive a case number when you file regardless if you are requesting the waiver or not. OR do they only officially file the Chpt.7 petition AFTER a decision has... View More

James L. Arrasmith
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answered on Nov 5, 2023

When you file for Chapter 7 bankruptcy and your application to have the filing fee waived is denied, the bankruptcy court typically allows you to pay the filing fee in installments. The court will set a schedule for these payments, and generally, the first installment is due approximately 30 days... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: What's the BJ restriction on my driving licence, although I started driving in MD since more 7years without any citation
Scott Scherr
Scott Scherr
answered on Nov 4, 2023

The "B" restriction is corrective lenses.

The "J" restriction is "Other" so you would need to contact the MVA to see the restriction in your case.

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Maryland on
Q: If a prenup disposes of real property must it be recorded

Our prenup gives me a life estate if my husband predeceases me, assuming I continue to pay the mortgage. Do we need to record notice of the life estate?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Nov 3, 2023

Your prenup is statement of intention. Only a recorded deed can pass an interest in land, or create a life-estate. For years our Firm has litigated this issue because the family law lawyers often don’t know how to handle the real property side of a separation agreement. It’s not hard, but it... View More

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3 Answers | Asked in Landlord - Tenant and Bankruptcy for Maryland on
Q: Just filed Chpt7 and received case #, etc. but have eviction case on Monday. How do I present district court with injunc

I need to let the Dist. Court know that I have filed for Chapter7 and halt the proceeding (eviction hearing) that is on Monday. I was told I could call in with the BR case # once filed. But the DC is now saying I need to file something with my DC case # and the BR case #, but could not tell me... View More

Martha Warriner Jarrett
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answered on Nov 3, 2023

TODAY, call the landlord's atty and give them the case number. This is really a state court question, but if you have something with the DC caption on it, make a copy of it, title it "Notice of Bankruptcy Filing" and attach a copy of the Bankruptcy Court notice of filing that's... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Maryland on
Q: a public utility hires a contractor to provide large trucks for an ongoing project.

one of the trucks is involved in an accident while overweight. what liability attaches to the utility that hired the contractor?

the driver of the truck is an employee of the contractor hired by the utility company.

does liability attach to the utility company? The utility... View More

Lee Eidelberg
Lee Eidelberg
answered on Nov 3, 2023

Although your post does not indicate for whom the driver of the truck was employed, insurance coverage for the vehicle being operated, unless operated without permission of the vehicle's owner, generally applies to cover damages caused by a negligent operator.

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1 Answer | Asked in Criminal Law, Tax Law, Banking and Federal Crimes for Maryland on
Q: I lied and disputed 1,500 from betmgm. There's already 1,200 in the account that the bank gave back. Can I be arrested?

Hello, I made a stupid decision. I opened an m&t checking and savings account last month on the 18th. A few days ago, I downloaded bet mgm (an online gambling site) and placed a few bets. I had just gotten paid 1,000 from my current job.. So I bet with that money and ended up with $1500. So... View More

Scott Scherr
Scott Scherr
answered on Nov 3, 2023

You should stop posting information online since you have admitted to a crime. You could be charged with fraud and theft. I would not speak further with anyone about this case. You should retain counsel if you are charged.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have divorce papers served via certified mail to his adult sister whom he lives with and collects his mail?
T. Augustus Claus
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answered on Nov 2, 2023

Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.

Once the certified mail package has been delivered to your spouse's adult sister, she must sign...
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1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

4 Answers | Asked in Bankruptcy, Business Law and Government Contracts for Maryland on
Q: Filing Chpt.7 BR. Don't know how to answer "are debts primarily consumer or business debts" as is 50/50 with SBA EIDL.

Debt is unsecured debt, HOWEVER, it is equal debt from credit cards and an SBA EIDL loan that is sub-$25k. So basically, I have $25k in CC debt and $25k in SBA EIDL which is for a SOLE-PROP biz.

1) I do not know how to answer the question as to whether I haver primarily consumer debt or... View More

Martha Warriner Jarrett
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answered on Nov 1, 2023

The question of consumer vs. business debt does not really determine anything (just for statistical purposes of how many consumer cases vs. business cases are filed). My recommendation would be to check the consumer box. No, it is not possible that the SBA has forgotten you. And no, you cannot not... View More

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2 Answers | Asked in Bankruptcy for Maryland on
Q: If you file a fee waiver or installment app. for a Chpt7., does that delay the filing of the petition?

If you are filing a Chapter 7 BR petition and you file an application to have the filing fee waived, would you have to wait for a decision and then the Chapter 7 filing would not go through at that same day?

Same question for application for the fee in installments? And do you just need... View More

Martha Warriner Jarrett
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answered on Oct 31, 2023

Filing an application for a fee waiver or, in the alternative, installment payments will not delay the filing of your bankruptcy petition. At least where I'm located (Central District of California), the clerk will review your petition to make sure it's complete, then forward the... View More

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3 Answers | Asked in Bankruptcy for Maryland on
Q: Which forms (barebones/minimum) are needed to file Chpt.7 BR myself? (Plan to obtain an attorney in coming weeks.)

I have to file Chpt.7 this week, and I need to make the initial filing myself and then am hiring an attorney in the coming weeks to go over what I have filed and submit any addendums that are required. What are the bare-bones/minimum forms I need to file in order to have a valid petition? I... View More

Martha Warriner Jarrett
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answered on Oct 31, 2023

Go to your local Bankruptcy Court's website (www.uscourts.gov) and look under debtor's chapter 7 petition forms for emergency filing (it differs from court to court so I can't give you an answer without more info). Basically, you have to file a petition, credit counseling statement,... View More

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