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Mark William Oakley

Mark Oakley’s Answers

4,950 total


  • I am an independent long haul truck driver who gets a 1099, can my pay be garnished?

    I work for a transportation company as an independent trucker. I get a 1099 at end of year. I have received a writ of garnishment due to a truck that was repossessed last year due to my losing my job. Is there anything I can do about this garni...

    Mark’s Answer

    You need to object to the garnishment within 30 days and move to dismiss it on the ground the payments to you do not qualify as wages; however, the creditor can attach non-wage payments in the hands of others before it is paid over to you. You can protect up to $6000 of those payments. Eventually, you'll run out of exemptions. You need to assert your exemption rights within 30 days of the writ being served. consult with a lawyer familiar with this area of the law.

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  • What is a pretrial in a appeal process in a divorce monetary judgment issuee.

    I have a monetary judgment against my ex from our trial court, which he'd is now appealing in appellate court, today the court has issued a notice for pretrial, what exactly is this , and also since now I am the appellee can I also raise some issu...

    Mark’s Answer

    • Selected as best answer

    In appeals in family law cases, the Court of Special Appeals automatically sets a pretrial settlement conference to see if the issues can be mediated and settled. There are so many family law cases on appeal, they like to try to winnow them down. As for you raising issues on appeal, you can do that, but you must follow the rules of appellate procedure. What you do is file a cross-appeal, raising the issues you wish to have reviewed. There is a strict time limitation to file a cross-appeal. Neither side files a detailed brief or argument in support of their appeal; rather, you wait until after the pretrial settlement process concludes. The court will issue a briefing schedule, and you must comply with that. Your notice of cross-appeal must be filed now, however, assuming you have not yet missed the deadline. You need a lawyer for appellate cases. The many detailed rules are far to complex the explain on a forum like this.

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  • Rights of sibling living in family home trying to care for elderly brain injured 81 year old father since mother died May 2015.

    Home in Moms name only. Mom died in May 2015 with a will/trust. Daughter living there attempting to care for elderly 81 year old brain injured father. One son is executor/guardian over mothers /fathers affairs....care, money, setting up trust etc....

    Mark’s Answer

    The son appointed guardian needs to hire a lawyer, file to forcibly evict the sister from the home, as well as take those other steps to either place a caregiver in the home for your father or place him into assisted living. Then sell the house.

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  • Must briefs/pleadings filed in Federal Court bear the filer's original handwritten signature?

    Is it acceptable for a pro-se party in a lawsuit to submit a brief to the Clerk of Courts by scanning it at home, e-mailing it to a third person, who then hand-delivers it to the court? Or must filings bear the original handwritten signature?

    Mark’s Answer

    Without looking to see if there has been any recent amendments, the rule requires an original signature. I suggest you call the civil clerks office and ask if they will accept a scanned, printed copy for filing.

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  • Can there be a Garnishment of Wages for a 1099 contractor or subcontractor in Maryland?

    I earn money as a subcontractor and my compensation is reported to me on a 1099. No withholding taxes or self-employment tax, comes out of my pay. I have no employee benefits. I do not think I have an employer-employee relationship. Also, the ...

    Mark’s Answer

    It may not be the proper form of writ, technically, as your payments are not wages, however, any money that belongs to you and which is in the hands of another can be subject to attachment. You have 30 days to file an objection to the wage garnishment, attaching proof of 1099's and ideally an affidavit from your employer that you are not an employee and these are not wages subject to garnishment. That may cause the particular writ to be dismissed and released, but the creditor can now serve a writ of attachment of property other than wages, and attach the money that way. You may get your money before that happens, but if you are still doing work for this company, they can attach the next payment. You have a separate right to exempt cash or property from attachment up to $6,000, plus there are other exemptions; but again, you need to file a written objection raising these statutory exemptions to get any such attachment released. You should consult with a lawyer to learn what you must do in order o defeat these writs. Eventually, however, once you've saved the maximum amount of your property under the exemption statute, the creditor can attach cash or property above that amount. You may wish to try and negotiate a settlement or payment plan at some point as this may keep happening.

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  • My parents, who died in 2007, made me the executor of their estate. My brother claimed he did not

    receive his fair share according to the Trust my parents had set up. This was resolved by litigation with a Consent Order on july 25, 2012 in which I signed authorizations for him to gain access to any and every financial document/financial instit...

    Mark’s Answer

    Yes, there is both a statute of limitations and a legal doctrine known as "red judicata" which precludes a party from re-litigating issues or a case that has already been adjudicated or resolved in a prior proceeding. These defenses can be technical and require a detailed review if the facts in your case. See a lawyer as soon as possible, as the case may be dismissed by motion.

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  • Should third party defendant hire a lawyer?

    I have got the Writ of Summons a few days ago as a third party defendant. I was involved in an uninsured auto accident with plaintiff has minor injuries. I was wondering if I need to hire a lawyer to represent me for this case? And how should I re...

    Mark’s Answer

    It is unclear who is uninsured here. If it is you, then you need a lawyer or you risk a judgment being entered against you. If you have insurance (or had it at the time of the accident) then you need to immediately call your insurance company about this. They will hire avlawyer to defend you and pay any judgment if one is entered against you. If you fail to timely notify your insurer and prejudice the defense of the case because of that failure, your insurance company can claim you breached your insurance contract terms and they may refuse to cover you or pay for your defense. You have 30 days to answer the complaint, which involves filing a formal answer and raising applicable affirmative defenses. You may also have to make counter allegations against the other main defendant in the case. This is why you need a lawyer. Do not wait.

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  • If a person isn't on a mortgage, but is on the deed (and never knew it), can the mortgage company foreclose on them?

    Basically, my fiance went on a loan with his mother so she could buy a home in 2003. In 2006 she refinanced the home under just her name on the loan/mortgage. She passed away in 2013 and now in 2015, he and I are trying to buy a home, all is goi...

    Mark’s Answer

    He has no personal liability on the mortgage loan and so there should not be any negative credit entry n his credit report regarding that debt or loan. However, a case search of his name will result in this foreclosure proceeding against the house on which he is listed as an owner, and therefore an "other" party to the case. He is not a defendant, and no judgment can be entered against him personally, but it's anyone's guess what your lender my look at if he is applying for a new mortgage. He should be prepared to explain, with supporting backup documents, whatever his connection is to the property in the event a question is raised.

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  • I need to try and get a expungement, orpresidential or governor pardon

    I have a poss.of child porn charge and poss. w/intend to distribute

    Mark’s Answer

    As others have answered, convictions cannot be expunged, and your other options are very unlikely to be successful, as they are rarely granted. These include a pardon, as well as the various post-conviction petitions which attack the constitutionality of the convictions, or assert actual innocence. Without more facts, it is impossible to evaluate which, if any of these, has any chance of success. The nature of the charges also suggest that a pardon would not be a politically safe decision for a governor or sitting President.

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