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Maryland Small Claims Questions & Answers
1 Answer | Asked in Consumer Law, Small Claims, Tax Law and Banking for Maryland on
Q: Can I take legal actions towards my financial advisor for being dishonest?

So in January my mom got a letter from her financial advisor which was from the IRS telling her that she had to fill out a W-9 because the social security she had in her account was wrong. My mom immediately took action and we went to our financial advisor office to correct the social security... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 19, 2020

Contact the IRS to verify.

1 Answer | Asked in Business Law and Small Claims for Maryland on
Q: I sold my business for monthly payment. now buyer stop check and closed bank account.buyer negotiate for less amount.

I am seller of business and sold to Buyer for 30k and we agree on 10k monthly payment.payment was $1000 every month but after 2 payments, buyer stop payment and also closed bank account. now buyer wants to negotiate the balance for 6k for 8k (one time payment). I still have those 10 checks... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

The buyer is in breach. Sue for the amount owed on the purchase contract.

1 Answer | Asked in Consumer Law and Small Claims for Maryland on
Q: Bought a used car and was given an I owe you for repairs. Haven't made any progress a month later. Deferred down payment

I was not informed about having to pay a "deferred down payment" the same day as my first monthly installment payment. Is there anything I can do?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Naturally you would get all parts of an agreement regarding this major purchase in writing, so you just need to refer to your written agreement to see what your rights and obligations are. If you did not get a written agreement, I guess the next question is: "Who is the registered owner of... Read more »

1 Answer | Asked in Collections and Small Claims for Maryland on
Q: Can my license get suspended after 7 years of not hearing a single word from the dealership I'm being sued

And their lawyer is saying I'm gonna lose my license until it gets paid

Diana Valle
Diana Valle answered on May 25, 2020

More details are needed. Who is suing you and what is the debt for? If it is for past due child support that is a possibility. I would need more details to provide you with a better answer.

1 Answer | Asked in Small Claims for Maryland on
Q: Took brand new shirts to dry cleaner to get wrinkles out. They returned them with tears & burn marks, then denied claim.

Dry cleaner said they would reimburse for the shirts but after calling them every few weeks for the past 9 months(!) they just denied the claim. Can they really just say they’re not responsible for ruining brand new, never worn clothes? I don’t know what else to do at this point and have wasted... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 7, 2020

You could look into small claims court. The problem is that the time and effort is likely to exceed $100. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Maryland on
Q: The debtor is paying me in installments for my $5k judgment. Judgment awarded Jul 22, payments started Nov 8.

Can I collect court cost & interest from the date of my judgment until the loan is paid off & what is the % amount in MD?

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Judgments carry 10% interest per annum by law. Shouldn't be any further court costs unless you need to keep filing garnishments or anything of the sort. However, if you came to some other payment agreement, the answer may be different.

1 Answer | Asked in Small Claims for Maryland on
Q: Could incorrect location of accident in small claims complaint qualify for motion to dismiss?

fender bender accident. no personal injury. claiming neglect for accident but lists incorrect location.

Tim Akpinar
Tim Akpinar answered on Nov 15, 2019

As a general matter, a court will not dismiss a case for errors of the type you describe (vehicle make, intersection, etc.). A judge will usually allow parties to correct such errors. Good luck

Tim Akpinar

1 Answer | Asked in Small Claims for Maryland on
Q: If you loan a person $2000 and he doesn't repay it, what recourse do you have?
Mark Oakley
Mark Oakley answered on Aug 14, 2019

File a Small Claims suit against the person for breach of the loan agreement. The civil complaint forms are available online or at the civil clerk’s office of the District Court.

1 Answer | Asked in Traffic Tickets and Small Claims for Maryland on
Q: What is the point penalty for first offense Maryland - TA.21.1124.2.D2?

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,... Read more »

Mark Oakley
Mark Oakley 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... Read more »

1 Answer | Asked in Banking, Consumer Law, Contracts and Small Claims for Maryland on
Q: can a lender garnish a bank account with only $150.00 in it? on a $10,000 judgement. What can we do?

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.

Mark Oakley
Mark Oakley 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... Read more »

2 Answers | Asked in Consumer Law, Small Claims, Contracts and Arbitration / Mediation Law for Maryland on
Q: My friend gave me money when I was on hard times and did not state it was a loan.

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... Read more »

Rolanzo Richard White
Rolanzo Richard White 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....
Read more »

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1 Answer | Asked in Real Estate Law and Small Claims for Maryland on
Q: A neighbor hired a landscaping company to do yardwork and they damaged my property, what actions should I consider ?

After discussing this with my neighbor, it would seem she gave them the Ok to perform the damaging work.

Richard Sternberg
Richard Sternberg 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.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann
Cedulie Renee Laumann 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.

1 Answer | Asked in Small Claims and Contracts for Maryland on
Q: Buying a car with lien

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... Read more »

Mark Oakley
Mark Oakley 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... Read more »

1 Answer | Asked in Family Law and Small Claims for Maryland on
Q: Hi, I live in Maryland my ex is trying to sue me cause I called off the wedding. I also emotionally cheated.
Mark Oakley
Mark Oakley 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... Read more »

1 Answer | Asked in Traffic Tickets, Car Accidents, Civil Litigation and Small Claims for Maryland on
Q: How do i remove a suspension of my license from a judgment that was vacated

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... Read more »

Eric Todd Kirk
Eric Todd Kirk 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

2 Answers | Asked in Consumer Law, Personal Injury, Arbitration / Mediation Law and Small Claims for Maryland on
Q: I own a town house located in Prince George County, Maryland in a community governed by a Homeowners Association.

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... Read more »

Thomas A. Grossman
Thomas A. Grossman answered on Aug 28, 2018

After a mediation, you can sue the HOA for failure to enforce its' CCRs.

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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Maryland on
Q: Can we get rid of personal items that someone left on our property for years? (not tenant, no money exchanged

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... Read more »

Mark Oakley
Mark Oakley 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... Read more »

1 Answer | Asked in Real Estate Law, Probate and Small Claims for Maryland on
Q: A house owned by a deceased parent and 4 siblings on the deed with one sibling refusing to sign off on the sale.

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?

Richard Sternberg
Richard Sternberg 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... Read more »

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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