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Maryland Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims and Bankruptcy for Maryland on
Q: How can I stop a garnishment (auto loan) that is causing me a hardship and the court is 3 hours away from me.

I've requested contact from the court nothing, explained the distance issue and that I brought the vehicle 20min from my home. What can I do?

Timothy Denison
Timothy Denison
answered on Mar 27, 2023

File a challenge to the barn. Hire a lawyer in that town to handle for you. File bankruptcy where you are.

1 Answer | Asked in Criminal Law for Maryland on
Q: What would happen if I miss my court date

I was caught shoplifting @ a north Carolina walmart. I gave them my real name and social security #, but gave them a fake adress and never gave i.d. the officer that pressured me saying if I miss the court date I would be in big trouble so I've been calling the courthouse for about 4 months... View More

Scott Scherr
Scott Scherr
answered on Mar 25, 2023

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to...
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1 Answer | Asked in Civil Litigation for Maryland on
Q: Does a Motion to Seal, for Plaintiff's personal reasons, have to be served to the Defendant?
Scott Scherr
Scott Scherr
answered on Mar 24, 2023

Yes, any motion filed with the court must be served on the other side.

1 Answer | Asked in Estate Planning for Maryland on
Q: Aunt passed away and left entire estate to the nieces and nephews of 2 of her 3 siblings.

The 2 siblings (parents of the beneficiaries) pre-deceased her. Her 3rd sibling is still living (her sister). She did not leave anything to her 3rd sibling (her sister) or her children.

The children of her living sister are threatening to contest the will. Can the nieces and nephews of... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The children of the living sibling of the decedent do not have standing to contest the will because they would not receive any part of the estate even if they prevailed--only their mother would if the will were set aside.

If the living sibling granted a power of attorney naming someone...
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1 Answer | Asked in Business Formation, Business Law and Tax Law for Maryland on
Q: Can someone abandon their LLC business and debt to then open a fresh new LLC offering and providing the same services

What is it called when someone abandons their LLC business, which is deeply in debt and owes back taxes, to then have someone else open a new LLC for them and that new LLC offer the very same services? Is it legal? It is essentially a one person business and without that person the new business... View More

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

More facts would be needed, but it is possible to pierce the corporate veil of the new company and go after the owner personally, or unwind the transfers of assets to the new company, under the theory of fraudulent conveyance, as well as violation of the Limited Liability Company Act that requires... View More

1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: The law implies that it’s only “Highways” that you can’t pick up and drop passengers, so on any other road it’s okay?

If someone were to he picked up on a backroad or any other road other than a highway and then driven through the highway and dropped off on another back road, is that still legal?

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the...
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1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How do I know if my continuance was approved?

I filed a motion for continuance 3 days before my court date at the clerks office. They took it and gave me a copy but I’m not sure what the next steps are and my original court date is tomorrow.

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

Unless you confirm with the court beforehand that the court date has been cancelled and postponed, you should assume that the case has not been continued. Failure to appear could result in a default against you. By rule, a motion requesting any elief must be served on the opposing party, and... View More

2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... View More

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If the firearm have been lost in a year old firearms case in Baltimore City, should the case be dismissed?

The charges are…..

1. LOADED HANDGUN IN VEHICLE

2. LOADED HANDGUN ON PERSON

3. HANDGUN IN VEHICLE

4. HANDGUN ON PERSON

There were 3 people in the car and the handguns were in the vehicle, but they were not found on the person who they actually belonged to.

Mark Oakley
Mark Oakley
answered on Mar 21, 2023

Depends on what other evidence there is in the case as to the presence and location of the guns, and the identification of the guns as real guns. Admissions in statements made by the defendants in the case may be sufficient together with officer testimony about the guns they found and seized. No... View More

1 Answer | Asked in Contracts for Maryland on
Q: can I get a refund after I unknowingly signed service main. contract. I told them I did not want. it has been 4 days pas

I purchased a ford truck 2023. They said if I cancell no refund and my payment remain the same and I will not get any maintenance service.

Mark Oakley
Mark Oakley
answered on Mar 19, 2023

Go to this site, navigate the links regarding consumer complaints and dealership complaints:

https://mva.maryland.gov/businesses/Pages/investigations.aspx

1 Answer | Asked in Family Law, Employment Law, Public Benefits and Social Security for Maryland on
Q: My husband died 5years ago he worked for opm when he retired he did not select the spouce benefit for me what can I do .
Mark Oakley
Mark Oakley
answered on Mar 19, 2023

When a married federal employee retires and claims their benefits, they have to choose whether to take a full or partial survivor benefit- or waive the survivor annuity altogether. To take a reduced benefit, or waive it, their spouse (you) must consent by signing a waiver that is included in the... View More

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: Can I be evicted without going to court?

I rented from someone who said that I could move in quickly but I had to clean dwelling and since basement was flooded I had to do that too. My rent was discounted with utilities included for just $650 monthly. I needed a place quickly for me and my 2 teenage sons. Mail was still being delivered... View More

Mark Oakley
Mark Oakley
answered on Mar 17, 2023

You list DC as where you are asking the question, but you posted this on the Maryland forum. My answer will apply to both, except licensing of rental properties are different as well as the eviction court procedures, in each jurisdiction. It sounds as though your "landlord" does not own... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Military Law for Maryland on
Q: The tenant of my property in MD is military and his contract ends on 5/31/23. I was planning on giving him a 60 day not

Notice to vacate but my realtor says I cannot end my contract because he is military. Is that correct?

Daniel Staeven
Daniel Staeven
answered on Mar 17, 2023

While the Servicemembers Civil Relief Act provides protections for financial and legal transactions while in the military, I don't believe the Act confers greater rights than a person can have in a situation like the one you describe. If a person is renting your property, you have the right to... View More

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: What documentation is needed to dispute an audit against workers comp insurance company?

My previous workers comp company is suing me for wages paid to my subcontractors. They are claiming they are considered employees not subcontractors. I have contracts, exclusion forms and invoices for each subcontractor. I have been in dispute with them for over a year. I just received summons... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You need a very experienced attorney in Maryland.

A typical workers compensation attorney handles claims involving workplace injuries either on behalf of the employer or the injured worker.

You need a different type of lawyer with more sophisticated civil litigation experience...
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1 Answer | Asked in Family Law for Maryland on
Q: Can my baby's middle name be one letter only on the birth certificate? Thanks for the help!
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

Yes. You can have no middle name, a middle initial, or a full middle name.

1 Answer | Asked in Foreclosure for Maryland on
Q: Can a mortgage lender charge you lawyer fees when they want their late payment fees
Scott Scherr
Scott Scherr
answered on Mar 15, 2023

You need to review your loan agreement. It spells out what fees can be charged.

1 Answer | Asked in Child Support and Military Law for Maryland on
Q: My ex-wife has sent "Income Withholding for Support" papers to my current employer & Military pension... Why?

I'm current on my child support payments. My ex-wife has sent Income withholdings for support to my current employer and Military pension. Both forms are asking for the same support amount. Will I be double tapped on child support?

James L. Arrasmith
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answered on Mar 15, 2023

It's possible that your ex-wife has sent income withholding orders to both your current employer and your military pension to ensure that she receives the full amount of child support owed to her on a timely basis. This is a common practice to ensure that child support payments are made... View More

1 Answer | Asked in Child Support for Maryland on
Q: Is child support violating my constitutional rights by suspended my license?

Will the dear colleague letter help me

Scott Scherr
Scott Scherr
answered on Mar 15, 2023

The right to drive is a privilege and not a right. There is no constitutional right to drive.

1 Answer | Asked in Bankruptcy for Maryland on
Q: if i had a payment plan for my chap 7 bankruptcy petition and lost my job during paymt, can i then apply for fee waiver
Timothy Denison
Timothy Denison
answered on Mar 14, 2023

Yes, although I’m not sure what a fee waiver has to do with plan payments bc they are not the same thing.

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a felony hand charge and have been asked to submit my dna in maryland is this legal
Mark Oakley
Mark Oakley
answered on Mar 12, 2023

If the police have a warrant to obtain DNA, yes, and after you’ve been charged and arraigned, they can request a DNA sample as part of the discovery rules. Discuss this with your lawyer, or if you do not have one, get one.

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