Ashley E. Mullen, Author at Ferguson, Schetelich, Ballew, P.A.

November 11, 2014

Imposing a Lien Processing Fee May Lead to a Violation of the Maryland Consumer Protection Act

On October 7, 2014, the Court of Special Appeals issued its opinion in Allstate Lien & Recovery Corp. v. Stansbury that a processing fee may not be part of a garageman’s lien and, additionally, that the charging of the processing fee violated the Maryland Consumer Debt Collection Act. The scenario in Stansbury is fairly ordinary: a man brought his automobile to the repair shop, signed off on the repairs, and then was unable to pay his bill. The repair shop filed a lien on the automobile in order to satisfy the customer’s debt. A lien is attached to the automobile,…

October 28, 2014

Evidence of Immigration Status in a Personal Injury Case

In the case of Ayala v. Lee, 215 Md. App. 457, 81 A.3d 584 (2013), the Court of Special Appeals of Maryland held that evidence of a plaintiff’s status as an undocumented immigrant can be admissible in a personal injury action if the evidence is relevant and not prejudicial. This lawsuit arose out of a motor vehicle accident in which Rigoberto E. Domingos Ayala and Jose R. Rodas Santacruz sustained severe injuries while they were working for their employer Ebb Tide Tents and Party Rentals. Ayala, Santacruz, and Ayala’s wife filed a lawsuit against Robert F. Lee, the driver of…

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