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Maryland Questions & Answers
2 Answers | Asked in Bankruptcy and Landlord - Tenant for Maryland on
Q: Filing Chapter 7 in MD this week. I also have an eviction (rental) hearing next Monday. Question on letting court know

Once filed, how do I let the District Court know that I filed for bankruptcy so that the hearing does not proceed on Monday, Nov. 6th? (As of course, once you file for Chapter 7 bankruptcy, there is an automatic stay/injunction.)

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 31, 2023

Assuming you have the Clerk's/Court's contact info from your Notice of the eviction case, the quick way is to telephone the Court/Courtroom Deputy, during working hours, and provide the name of your bankruptcy court, with the Bankruptcy Case No., and date of filing. A more reliable way... View More

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1 Answer | Asked in Business Law for Maryland on
Q: I have a business condo, the outside a/c unit was vandalized, should the condo association ins. cover the repairs?

We pay condo association fees, but i'm not sure what the insurance covers. The units are upper and lower level units with front and back areas. I have a lower level unit. The outside a/c condensers are situated in the back of the condo units. The back area is fenced off with locked fences,... View More

Scott Scherr
Scott Scherr
answered on Oct 30, 2023

You would review the insurance policy to see if it is covered. All insurance policies are different. In addition, your own insurance policy may cover it if the condo policy does not. Make sure you report it to the police.

2 Answers | Asked in Landlord - Tenant for Maryland on
Q: my lease expired April of 2023 and my landlord failed to give me a new lease to sign, do I technically owe 60 day notice

I signed a lease for one year with an end date of April 2023 and have been told the price have increased for my new lease starting may 2023. I have waited 6 months for a new lease and I am now trying to move and is being told I need to give a 60 day notice. I have not signed a new lease to have to... View More

Scott Scherr
Scott Scherr
answered on Oct 30, 2023

You will need to review your old lease to see what happens when the lease expires and how much notice you need to give.

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1 Answer | Asked in Communications Law for Maryland on
Q: R U legal in MD if u post a sign on UR property that audio and video recordings are being made via security camera(s)?
T. Augustus Claus
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answered on Oct 26, 2023

In Maryland, it's generally legal to post a sign on your property notifying about audio and video recordings through security cameras, provided you comply with applicable laws. Maryland requires two-party consent for audio recordings, but posting a notice can serve as a form of consent. Video... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: Can a parent be the trustee of a first party special needs trust created for a minor in the state of Maryland?

Does a parent have to have to meet a certain criteria in the state of Maryland to be trustee of a first party special needs trust in Maryland?

T. Augustus Claus
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answered on Oct 25, 2023

In Maryland, a parent can serve as the trustee of a first-party special needs trust for a minor, subject to court approval and specific legal considerations. This includes demonstrating that the trust is in the minor's best interest and complies with state law. As a trustee, whether a parent... View More

1 Answer | Asked in Domestic Violence for Maryland on
Q: My sister's boyfriend openly threatened me. He's an ex-marine and I believe he's serious, I don't know what to do.

I'm 36, recently graduated nursing school, moved back home with my mom and dad because it's close to the hospital I work at. My sister and boyfriend live in the basement. I got into an argument with my sister and her boyfriend who's an ex marine got involved and openly threatened me.... View More

Scott Scherr
Scott Scherr
answered on Oct 24, 2023

If the event occurred within the last 30 days, you may be able to file for a Peace Order. You should be aware that if you file a Peace Order, it is possible that he will file one against you. If the Peace Order is granted, he will be forced to leave the house.

1 Answer | Asked in Employment Law and Immigration Law for Maryland on
Q: I want to know if I can work in another EU country with residence of refugee status

For example, I have refugee residence in Poland of three years and 2 years of Geneva Passport can I work Germany

James L. Arrasmith
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answered on Oct 22, 2023

Having refugee status and a Geneva Passport in one EU country generally grants you certain rights within that specific country. However, when it comes to working in another EU country, like Germany, the rules can vary. Typically, if you want to work in another EU country, you would need to apply... View More

1 Answer | Asked in Traffic Tickets for Maryland on
Q: If the school bus in front of me was moving and the bus across the street had flashing lights was I at fault?

I'm in the far right lane preparing to turn right and a school bus was going straight in the second lane. When the bus proceeded through the intersection I made a right turn from the far right lane. Am I at fault when the school bus on the opposite side of the road had flashing red lights? And... View More

Scott Scherr
Scott Scherr
answered on Oct 22, 2023

You must stop for a school bus even if it is going in the opposite direction unless there is a concrete median. It makes no difference that the bus in front of you did not stop. If a police officer gave you the ticket, request a trial within 30 days and go to court. It carries a large fine and... View More

2 Answers | Asked in Gov & Administrative Law and Municipal Law for Maryland on
Q: Can I drive farm equipment on a private property (farm) without a license. Not going on the public roads.
T. Augustus Claus
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answered on Oct 20, 2023

In Maryland, you typically do not need a driver's license to operate farm equipment on private property, such as a farm, as long as you are not driving on public roads. Farm equipment is often exempt from certain licensing requirements when used solely on private agricultural property for... View More

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1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can I file a civil suit against something found guilty and sentenced to Probation before judgement?

I was the complaintant in a criminal case in Anne Arundel County. The defendant was found guilty but sentenced PRJ.

Can I now file a civil suit for the hardship and damages he caused to me?

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Yes. You will not be able to use the result of the criminal case to prove your claims, but you can order the transcript of his plea of guilty and use that to prove his admission to committing the crime (assault? Theft?) against you.

1 Answer | Asked in Tax Law for Maryland on
Q: If im exempt from pay property tax when I sell and buy a home will I be reimbursed that taxes paid from both transaction

I’m a 100% disabled veteran in Maryland and currently exempt from paying property taxes. I’m selling my current home and buying another and wanted to know if I will be reimbursed from the county (Prince George) the transfer, recapture and recordation taxes.

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Transfer and recordation taxes are not “property taxes” and are not encompassed within the property tax exemption for disabled veterans. Contact the Maryland Department of Veterans Affairs at 410-260-3838 to inquire about what exemptions are available.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I own a firearm if my husband is a convicted felon?

I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.

“But my wife is the only one with a key or combination to the gun...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: A family friend bought me car in his name , and i pay him monthly on the car for 1yr and now he want to report stolen

I have been paying the car for a year and because i was late one time and don't work for him anymore he said he will report the car stolen to mess my new job up . What are my options ?

Scott Scherr
Scott Scherr
answered on Oct 19, 2023

It is not theft if he allows you to use the car with his permission. However, he can demand the car back at any time since he is the sole person on the title.

1 Answer | Asked in Car Accidents for Maryland on
Q: My vehicle skid and when trying to stop it I happen to break a house fence and ended up in their backyard.

As soon as i got my car to stop, I said to call the police to the house members, but they came and dragged me out of my car, held me down and didn’t let me call anyone for 5 min. I felt hopeless. They accused that I did all that in purpose and tortured me. Finally they let me use my phone and got... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 16, 2023

Yes you have a lawsuit for assault, battery and false imprisonment.

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Maryland on
Q: I’d like to know how much my case is worth for employment discrimination based on sex and race, workplace retaliation.

equal pay, unpaid wages, withheld wages, medical bills and damages. My case is in federal court and despite the defendant’s attempt to dismiss, my case has moved to mediation. I was paid 83k less than the male I replaced. I was also paid up to 20k less than other males in lesser positions. I was... View More

James L. Arrasmith
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answered on Oct 15, 2023

Determining the exact value of an employment discrimination case can be complex and depends on various factors, including the jurisdiction, specific details, and evidence supporting the claims. Based on the information you provided, there are tangible damages, such as the wage disparity (83k plus... View More

1 Answer | Asked in Real Estate Law for Maryland on
Q: How long is a home appraisal good for in an inheritance situation. It was appraised almost 2 yrs ago. market has changed

The original appraisal for home was done in March of 2022. Is that appraisal considered old and inaccurate now due to economy and inflation?

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

For what purpose? An appraisal is required of real property in an estate to ascertain its value as of the date of death of the decedent. This fixes the stepped-up tax basis of the heirs for calculating capital gains tax (or loss) following that date as the market value changes. If there were any... View More

1 Answer | Asked in Consumer Law for Maryland on
Q: Hello, I have an unsecured loan note from my brother wich is notorized back in 1998 with payoff date 2005.

Last page indicated"Witness our hands and seals "above signature line. Note was signed in WVA. My brother lender lived in NH back in 1998. Now he lives in MA and I live in MD. After 23 years he wants the loan 50k plus interest total 120k due to family feud.

Note: During last 23... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

I am aware of no statute of limitations that would be as long as 23 years. In Maryland the SOL is three years. For a contract “under seal” like your promissory note, the SOL is extended to 12 years. However, Maryland law on this issue will not apply if the lender was in NH and the borrower... View More

1 Answer | Asked in Civil Litigation for Maryland on
Q: In MD, how many plaintiffs are allowed for a small claims court case? Could my wife and I both be the plaintiffs?

My wife opened a checking account on my suggestion to receive a $400 bonus after 2 direct deposits are made within 90 days. Now the bank is refusing to provide the bonus. I want to file a small claim, but my wife is not interested in physically going to court. I would like to file a case with both... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

If the account was opened solely in your wife’s name, then only she can sue. The fact you’re married does not give you the right to sue as part of a “marital” claim. You have no standing or legal basis to proceed. The claim is your wife’s. She must sue on her own.

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