When parents live far apart, in different states, it is often critical which state’s court has jurisdiction over a disputed custody case. The state that has jurisdiction will have the dispute heard in the courts located in that state. Thus, the unlucky parent who lives in a state that does not have jurisdiction will likely have to travel (along with witnesses) to the state with […]
Posted: July 9, 2014
By: Rohesia Hamilton Metcalfe
Judge Mannes of the Maryland Bankruptcy Court has ruled that a proof of claim must be filed in order to strip a junior mortgage. Mortgages can be turned into unsecured claims in a chapter 13 case. In many cases, a bankruptcy filer can pay a small portion of a second mortgage or home equity loan in a period of less than five years and never […]
Posted: July 1, 2014
By: Rohesia Hamilton Metcalfe
An Illinois Bankruptcy Judge has ruled in In re 3RC Mechanical & Contracting Services, LLC that a pay when paid clause in the contract between the prime contractor and a first tier subcontractor contractor creates the possibility that the clause could be enforced against a second tier subcontractor even though this clause was not in the contract between the first tier subcontractor and second tier […]
Posted: June 19, 2014
By: Rohesia Hamilton Metcalfe
It is commonly known that bankruptcy stops garnishments. However, did you know that you can get money back that has been garnished if you file bankruptcy? A person filing bankruptcy will often get back money that his employer or a bank is holding. The bankruptcy filer can also recover funds taken in the 90 days prior to filing bankruptcy. Call our office and find out […]
Posted: June 11, 2014
By: Rohesia Hamilton Metcalfe
Often relying on “forum selection clauses” in contracts, law firms will bring suits against consumers in a state or county which the consumer neither lives in nor signed the contract in. This conduct violates the Fair Debt Collection Practices Act. If this happens to you, contact attorneys experienced in consumer law (such as Wampler & Souder) right away.
Posted: May 20, 2014
By: Rohesia Hamilton Metcalfe
Custom Home Builders and sellers of new homes often provide “warranties” from warranty companies at the time of purchase. These warranties claim to offer the consumer extra protection. However, in reality they primarily dodge liability for the home-builder and severely limit the consumer’s rights. The South Carolina Court of Appeals has ruled in Smith v. D.R. Horton, Inc. that a warranty from Residential Warranty Corporation […]
Posted: May 8, 2014
By: Rohesia Hamilton Metcalfe
Have you been injured in, gotten sick on or had an accident in a cruise ship? Do you believe that the cruise ship company was responsible for your illness or injuries? Have you looked at your ticket? Do you even have a copy of your ticket? Tickets are very important in cruise ship negligence cases. For example the ticket may dictate that you have to […]
Posted: April 23, 2014
By: Rohesia Hamilton Metcalfe
In the recent CINA (Children In Need of Assistance) case of In re Joy D., the Maryland Court of Special Appeals held that a parent can permanently lose their right to regain custody if they persistently fail to take the necessary steps in working towards reunification with their child. In the Joy D. case, the mother had a history of abusing and neglecting her child. […]
Posted: April 16, 2014
By: Rohesia Hamilton Metcalfe
Ill conceived and often illegal lending practices (i.e. mortgage fraud, , and predatory financing) have left millions of homeowners upside down in their mortgage, confused about their legal rights and most of all frustrated at the financial position they now find themselves in. While you may be inclined to tackle foreclosure on your own by reaching out to your lender, the bottom line is that […]
Posted: April 15, 2014
By: Rohesia Hamilton Metcalfe
If you are a contractor and have been denied compensation and or are being threatened with a lawsuit, contact our firm immediately so that we can help you understand your legal rights and options. Our contractor attorneys can handle construction disputes throughout Maryland, Virginia, and the District of Columbia. Our team of aggressive and experienced attorneys can not only help inform you of the specifics […]
Posted: April 14, 2014
By: Rohesia Hamilton Metcalfe