Maryland Legal Questions & Answers
72 plain-English answers to common Maryland law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Maryland?
Maryland property is reassessed every 3 years by the State Department of Assessments & Taxation (SDAT). Appeal an Assessment Notice within 45 days at three levels: SDAT…
- How does the lemon law process work in Maryland?
Maryland's Automotive Warranty Enforcement Act ('Lemon Law'), Md. Code Ann., Com. Law §§ 14-1501 to 14-1504, presumes a lemon after 4 repair attempts on the same defect, 1 attempt…
- How much of my wages can be garnished in Maryland?
Maryland uses a county-specific formula. Under Md. Code Com. Law § 15-601.1, the cap is the lesser of 25% of disposable earnings OR amount above 30 times the federal minimum wage…
- How do I file a mechanic's lien in Maryland?
Subs serve Notice of Intention to Claim Lien within 120 days of last work. File Petition to Establish Mechanic's Lien in circuit court within 180 days of last work (lien is…
- What is the personal injury statute of limitations in Maryland?
Maryland provides 3 years for personal injury under Md. Code, Cts. & Jud. Proc. § 5-101. Medical malpractice is 5 years from injury or 3 years from discovery (§ 5-109). Local…
- How does small claims court work in Maryland?
Maryland small claims handles disputes up to $5,000 under Md. Cts. & Jud. Proc. Code § 4-405 and Md. Rule 3-701. Filing fees are $11-$50. Attorneys are permitted. Appeals to…
- How do I set aside a default judgment in Maryland?
Move under Md. Rule 2-535(a) within 30 days of entry, or under Rule 2-535(b) at any time for fraud, mistake, or irregularity. You must show a meritorious defense and substantial…
- Who is liable if a dog bites me in Maryland?
Maryland's Md. Code, Cts. & Jud. Proc. § 3-1901 creates a rebuttable presumption that the owner knew or should have known the dog had dangerous propensities. Owners can rebut this…
- What can I do if I'm a victim of identity theft in Maryland?
Maryland classifies identity fraud as a misdemeanor (under $1,500) or felony (over $1,500) under Md. Crim. Law § 8-301, with sentences up to 15 years for losses over $25,000…
- How does comparative fault work in Maryland?
Maryland retains pure contributory negligence — any plaintiff fault completely bars recovery. Coleman v. Soccer Ass'n, 432 Md. 679 (2013) reaffirmed the doctrine 4-3, declining to…
- How do I file a public records request in Maryland?
The Maryland Public Information Act (MPIA, Gen. Prov. § 4-101 et seq.) requires agencies to respond within 30 days. Copy fees are limited to actual cost; the first 2 hours of…
- What is the statute of limitations for contract claims in Maryland?
Maryland gives 3 years to sue on most contracts under Md. Cts. & Jud. Proc. § 5-101. Sealed instruments and contracts under seal enjoy 12 years under § 5-102, and UCC…
- What money in my bank account is protected from creditors in Maryland?
Maryland provides a $6,000 wild card under Md. Code, Cts. & Jud. Proc. § 11-504(b)(5) usable for bank cash, plus $1,000 household-property wild card under (b)(4)…
- How do I appeal a denied Social Security disability claim in Maryland?
Maryland's Disability Determination Services (DDS), within the Department of Education's Division of Rehabilitation Services (DORS), handles initial SSDI/SSI reviews from…
Employment (10)
- What is the minimum wage in Maryland?
Maryland's minimum wage is $15.00/hour for all employers as of January 1, 2024 (one year ahead of original schedule), under Md. Code, Lab. & Empl. § 3-413, accelerated by the Fair…
- How do I file a workers compensation claim in Maryland?
Maryland workers' comp is governed by Md. Code, Lab. & Empl. § 9-101 et seq. and administered by the Maryland Workers' Compensation Commission. Notify your employer within 10 days…
- How do I file for unemployment benefits in Maryland?
File online at beacon.labor.maryland.gov. Maryland pays $50-$430/week (plus $8/dependent up to 5) for up to 26 weeks. Need wages in 2+ base-period quarters with at least 1.5× high…
- What is wrongful termination in Maryland?
Maryland is an at-will state but recognizes the Adler v. American Standard (1981) public policy exception. The Maryland Fair Employment Practices Act (Md. Code, State Gov't §…
- How do I file a workers' compensation claim in Maryland?
Notify your employer within 10 days (Md. Lab. & Empl. § 9-704) and file Form C-1 (Employee Claim Form) with the Workers' Compensation Commission within 2 years (§ 9-709)…
- Can I sue for wrongful termination in Maryland?
Maryland is at-will but recognizes the Adler public-policy tort. FEPA (Md. Code, State Gov't § 20-606) provides discrimination protection, and the Maryland Healthy Working…
- What are my rights against workplace harassment in Maryland?
Maryland's Fair Employment Practices Act (State Gov't § 20-601) covers employers with 15+ employees for most claims but only 1+ for sexual harassment (HB 679, 2019). Enforced by…
- Can my employer drug test me in Maryland?
Maryland's Md. Code Health-Gen. § 17-214 requires private employers conducting drug tests to use certified labs and provide procedural protections including copies of results. The…
- Are non-compete agreements enforceable in Maryland?
Maryland bans non-competes for employees earning $19.88/hour or less (2024 threshold, indexed) under Md. Code Lab. & Empl. § 3-716. For higher earners, Maryland enforces…
- How do I appeal an unemployment insurance denial in Maryland?
The Maryland Department of Labor, Division of Unemployment Insurance, administers UI under Md. Code Ann., Lab. & Empl. Title 8. Appeals must be filed within 15 days of the…
Family (9)
- How do I file for divorce in Maryland?
Maryland requires 6-month residency if grounds arose out-of-state. As of 2023, Maryland abolished limited divorce and recognizes no-fault grounds: 6-month separation or mutual…
- How is child custody decided in Maryland?
Maryland decides custody on the best interest of the child as developed in *Taylor v. Taylor*, 306 Md. 290 (1986) and *Montgomery County v. Sanders*, 38 Md. App. 406 (1977)…
- How does alimony work in Maryland?
Maryland recognizes three types of alimony under Md. Code, Family Law § 11-101 et seq.: pendente lite (temporary during divorce), rehabilitative (most common), and indefinite…
- How is child support calculated in Maryland?
Maryland uses an Income Shares model under Md. Code Family Law § 12-204. Both parents' actual incomes are combined and matched to the Schedule of Basic Child Support Obligations…
- How do I get a marriage license in Maryland?
Apply at the Circuit Court Clerk in the Maryland county where the wedding will take place (Md. Code, Fam. Law § 2-401). Fees vary $35-$85 (Baltimore City $35; Montgomery $50)…
- How do I establish paternity in Maryland?
Maryland parents may sign an Affidavit of Parentage under Md. Code, Fam. Law § 5-1028 that has the force of a paternity finding. Court actions proceed in circuit court under Md…
- How does the adoption process work in Maryland?
Maryland adoptions are governed by Md. Code, Family Law § 5-3A-01 et seq. (private/independent) and § 5-3B (agency). A birth-parent consent may be signed any time after birth but…
- Are prenuptial agreements enforceable in Maryland?
Maryland has NOT adopted the UPAA. Prenups are governed by Md. Code Fam. Law § 8-101 and Cannon v. Cannon (2005), 384 Md. 537. Enforcement requires the agreement be fair and…
- How do I get a restraining order in Maryland?
Maryland offers Protective Orders under Md. Code Ann., Family Law § 4-501 et seq. (for eligible relationships) and Peace Orders under Cts. & Jud. Proc. § 3-1501 et seq. (for…
Criminal (9)
- What are DUI/DWI penalties in Maryland?
Maryland Transportation Code § 21-902 distinguishes DUI (.08+) from the lesser DWI (.07-.079, 'driving while impaired'). A first DUI carries up to 1 year jail, $1,000 fine…
- How do I get a concealed carry permit in Maryland?
Following NYSRPA v. Bruen (2022), Maryland repealed its 'good and substantial reason' standard. The Wear and Carry Permit through MSP under Md. Code Pub. Safety § 5-306 now…
- What are the search warrant requirements in Maryland?
Maryland search warrants are governed by Md. Code, Crim. Proc. § 1-203 et seq. A sworn affidavit of probable cause must be presented to a circuit or District Court judge…
- Can I legally record a phone call or conversation in Maryland?
Maryland is an all-party (two-party) consent state under Md. Code, Cts. & Jud. Proc. § 10-402 (Wiretap Act). All parties must consent before a private conversation is recorded…
- How does bail work in Maryland?
Maryland governs bail under Md. Rule 4-216 and Md. Code, Crim. Proc. §§ 5-201 to 5-217. The 2017 rule revision discourages cash bail when defendant cannot pay. Initial appearance…
- How does plea bargaining work in Maryland?
Maryland plea procedure is governed by Md. Rule 4-242 and Rule 4-243. Guilty, nolo contendere (with court consent), and Alford pleas are recognized. If the court will not impose…
- How do I sue police for misconduct in Maryland?
42 U.S.C. § 1983 is the federal vehicle. Maryland has not abolished QI but Articles 24 and 26 of the Maryland Declaration of Rights provide a state-constitutional cause of action…
- When can a private citizen make a citizen's arrest in Maryland?
Maryland citizen's arrest is governed by common law. A private person may arrest for a felony committed in their presence, or where a felony has actually been committed and…
- What pretrial diversion or drug court programs exist in Maryland?
Maryland offers Probation Before Judgment (PBJ) under Crim. Proc. § 6-220, Stet under Md. Rule 4-248, prosecutor diversion, Drug Courts under Crim. Proc. § 6-237, Veterans Courts…
Housing (8)
- What are tenant rights in Maryland?
Maryland caps security deposits at 2 months' rent, requires return within 45 days with interest at 1.5% annually, mandates 10-day notice for nonpayment (recently revised)…
- What is the eviction process in Maryland?
Maryland requires no advance notice for failure to pay rent — the summons itself functions as the demand under Md. Real Prop. § 8-401. Tenant has 4 days to receive notice before…
- What must a home seller disclose in Maryland?
Maryland Real Property § 10-702 requires sellers of single-family residential property to deliver either a Residential Property Disclosure Statement OR a Residential Property…
- How do I dispute a security deposit return in Maryland?
Maryland caps deposits at 2 months' rent (Real Prop. § 8-203) and requires landlords to return them within 45 days of move-out with an itemized statement of deductions. The…
- How do I dispute an HOA assessment or fine in Maryland?
Maryland governs HOAs under the Maryland Homeowners Association Act (Md. Code Real Prop. §§ 11B-101 to 11B-118) and condos under the Maryland Condominium Act (§§ 11-101 to…
- What is the eviction process in Maryland?
Maryland uses a Failure to Pay Rent (FTPR) action under Md. Real Prop. § 8-401 or Tenant Holding Over under § 8-402. FTPR has no pre-suit notice; tenant has redemption right by…
- What can I do if my landlord won't fix uninhabitable conditions in Maryland?
Maryland's Real Property § 8-211 (rent escrow statute) lets tenants pay rent into court escrow for serious defects threatening life, health, or safety. § 8-208.1 bars retaliation…
- How do I resolve an easement or boundary dispute in Maryland?
Maryland adverse possession requires 20 years (Md. Code Cts. & Jud. Proc. § 5-103). Prescriptive easement requires 20 years of open, notorious, adverse, continuous use. Quiet…
Estate (8)
- How do I make a valid will in Maryland?
Maryland requires the testator to be 18+ and of sound mind (Md. Code Est. & Trusts § 4-101). The will must be in writing, signed by the testator and attested by 2 credible…
- How do I create a power of attorney in Maryland?
Maryland adopted the Maryland General and Limited Power of Attorney Act (a substantial UPOAA adaptation) effective Oct. 1, 2010, codified at Md. Code, Est. & Trusts §§ 17-101 to…
- How does probate work in Maryland?
Maryland probate typically runs 9-12 months under Md. Code Estates & Trusts Article. Maryland has not adopted the UPC. Small Estate procedure is available for property up to…
- Can I disinherit my spouse or child in Maryland?
Maryland grants a surviving spouse an elective share of one-third of the estate if surviving issue, or one-half if no issue, under Md. Code, Est. & Trusts § 3-203. Maryland is a…
- How do I petition for guardianship or conservatorship in Maryland?
Maryland uses 'guardian of the person' and 'guardian of the property' for both adults and minors under Md. Code, Est. & Trusts § 13-101 et seq. Adults require clear and convincing…
- How do I create an advance healthcare directive in Maryland?
Maryland Health Care Decisions Act (Md. Code Health-Gen. § 5-601 et seq.) recognizes Advance Directive with living will + healthcare agent in one document. Two adult witnesses…
- How do I file a quitclaim deed in Maryland?
Maryland quitclaim deeds need grantor signature, notarial acknowledgment, AND attorney certification or affidavit (Md. Real Prop. § 4-101); no witnesses required. Record with the…
- What is the homestead exemption in Maryland and how do I claim it?
Maryland's bankruptcy homestead is $25,000 (Md. Cts. & Jud. Proc. § 11-504(f)). Homestead Property Tax Credit (Tax-Property § 9-105) caps annual assessment increases at 10% (less…
Traffic (6)
- How do I fight a parking ticket in Maryland?
Maryland parking tickets are governed by Md. Transp. Code § 26-305 and local ordinances. Baltimore uses the Baltimore City Parking Authority with a 15-30 day window; Montgomery…
- How long do I have to register a vehicle in Maryland?
Maryland gives new residents 60 days to register under Md. Code Transp. § 13-402. Purchased vehicles must be titled before driving on Maryland roads. Documents include title…
- How do I get my driver's license reinstated in Maryland?
Maryland reinstatement fees range $30–$150 (Md. Transp. § 16-208). The MVA suspends at 8 points and revokes at 12 points in 2 years (Md. Transp. § 16-402). After DUI, SR-22 may be…
- How do I fight a speeding ticket in Maryland?
Maryland drivers can pay, request a waiver hearing for reduced penalty, or request a trial in District Court under Md. Transp. § 21-801. Maryland does NOT have traffic school for…
- What are the open container laws in Maryland?
Maryland Transp. Art. § 21-903 prohibits drinking an alcoholic beverage in any vehicle on a highway, and § 10-126 of the Criminal Law Article prohibits open containers in the…
- What happens if I get a DUI in Maryland?
Md. Code Transp. § 21-902 distinguishes DUI (BAC 0.08%+) from the lesser DWI (BAC 0.07%-0.079%, plus impairment). First DUI: up to 1 year jail, $1,000 fine, 6-month license…
Civil Procedure (4)
- What is the small claims limit in Maryland?
Maryland small claims court hears cases up to $5,000 under Md. Code Cts. & Jud. Proc. § 4-405. Filing fees are $13-$45. Lawyers may appear. Cases are filed in the District Court…
- What is the statute of limitations in Maryland?
Maryland civil limitations: personal injury 3 years (Md. Code, Cts. & Jud. Proc. § 5-101), written contract 3 years (§ 5-101); 12 years for sealed contracts (§ 5-102), oral…
- Can I get out of jury duty in Maryland?
Maryland requires US citizens, 18+, county residents under Md. Code, Cts. & Jud. Proc. § 8-103. An individual who is at least 70 years old and asks the jury commissioner, in…
- How do I legally change my name in Maryland?
File a Petition for Change of Name in the circuit court of your county under Maryland Rule 15-901, pay approximately $185 in filing fees, publish notice in a designated newspaper…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.