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Brandy Ann Peeples
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Brandy Peeples’s Answers

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  • Can interrogatories in aid of execution be served on third parties or only on the Defendant in a civil matter?

    I have a civil judgment against a Maryland resident. I have served interrogatories in aid of execution on the Defendant. The Defendant failed to answer and failed to appear for an oral examination. I will continue to use the Court to compel ans...

    Brandy’s Answer

    No. Interrogatories are served to a party; not a third party. The court has no jurisdiction over Equifax. You really should hire an investigator to skip trace the defendant to find out potential assets, including bank accounts, employment, etc.

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  • How does the time limit for civil case calculated?

    I ordered for a new AC system for my rental about 4 years ago. The unit has worked, but not very well, I have to call the guy almost every year. I have not had a chance to come to look at it until this year. I found the AC unit was manufactured in...

    Brandy’s Answer

    The statute of limitations for a breach of contract action in Maryland is 3 years from the date of the breach. The statute of limitations for fraud is 3 years from when you knew or should have known of the fraud. The argument against you most likely will be that you should've known something was wrong with the AC unit when it started giving you problems. However, you might want to consult with an attorney for a review of the facts to determine whether you still have options to pursue a claim.

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  • Help!

    I have a tenant that signed a 3 months lease I lived on the premises as well so the lease came and gone which was up early July so we been month to month since then she lost her job has been behind on rentName I repeat has been behind on rent what...

    Brandy’s Answer

    You either need to file a Complaint for Repossession for Failure to Pay Rent -- once that happens the court will post the notice, set a court date, and you then plead your case to the court that the tenant hasn't paid rent. If the court finds rent due and owing, the court will award a judgment of possession to you. After 4 business days you can then file a Petition for Warrant of Restitution to have the sheriff evict the tenant. The problem with this option is that, if the tenant comes up with the amount owed at any time before the eviction, the eviction must stop.

    As a month to month tenant you can also give the tenant written notice that you are terminating the tenancy. Baltimore City requires 60 days written notice. If the tenant is still living at the premises after 60 days, you can file an action to evict the tenant.

    The point is: you cannot evict the tenant without a court order -- otherwise it is an illegal eviction. My suggestion to you would be do file both the failure to pay rent action and give notice. That way you're doubly covered and have several options that will get the tenant off the premises.

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  • I live in MD. An HOA owned tree fell, crushed my fence, they say insurance won't cover. Is it still their fault and have to pay?

    There was a storm, the top of the tree snapped off from being too tall, it fell and crushed our fence which HOA got an estimate of $1900. I have contacted them asking to just pay for parts ($450) and I will take care of the labor. However they say...

    Brandy’s Answer

    Your HOA may or may not be responsible for the tree. If there was no notice of the tree being in such a state that it would fall and potentially cause injury, then the HOA would not be negligent in connection with maintaining it. Moreover, although you believe the tree was too tall does not necessarily mean that the tree posed any kind of risk for falling. Who's to say what a "proper" height is? You'd need the opinion of an arborist to state whether the tree's height was unusual tall and thus likely the reason why the tree fell. Sometimes trees break in storms but it does not mean that there was something wrong with the tree.

    You'd do better in making a claim with your homeowners' insurance.

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  • Does opposing party assume the risk when the party noticed to be deposed give notice of a medical condition?

    Defense counsel is informed that the Plaintiff has a heart related medical condition that may be aggravated by the deposition, despite that notice, defense counsel insists on taking the deposition. In the event the plaintiff suffers a serious medi...

    Brandy’s Answer

    No -- the opposing party does not bear liability. The Plaintiff brought a lawsuit against the defendant, and the defendant has every right to conduct discovery regarding the Plaintiff's claims -- including deposing the Plaintiff. Frankly speaking, by initiating the lawsuit the Plaintiff put him/herself in a position to have to deal with this kind of stress. Indeed, if the Plaintiff fails to appear for a deposition then the Defense counsel could file a motion for sanctions.

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  • My bank account was closed and the manager said I floated checks. I deposited and then write my self a paycheck. I added a 2800

    Deposit twice. Bank manager said they believed I was floating. I don't know what to do at this point. None of my accounts are negative so I am confused.

    Brandy’s Answer

    You don't give enough information here. If you're writing bad checks without money to cover the funds, then the bank generally can take whatever measures it deems appropriate against you, including closing the account.

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  • Should i file a lawsuit to collect loaned money?

    I gave $18,000 to a friend in Sep 2012, and it's going to be three years in Sep, he never paid any amount back. I have a signed promissory note and email communications as evidence. What would be the best way to collect the money from him. We both...

    Brandy’s Answer

    My colleague's advice is spot on. I'd add this though -- getting a judgment is the easy part. Collecting on it could very well be a different story. If your friend has no money to pay the judgment or no assets, bank accounts, etc. from which to collect, the judgment might not be worth the paper on which its printed. Nevertheless, for that sum of money, pursuing a judgment is a good idea. Consult an attorney for more guidance.

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  • What does custody 2 party adversary proceeding means

    Child custody case

    Brandy’s Answer

    Generally, it means that both sides are seeking custody of the minor children.

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  • So I am 16 and a man told me to be scared of him what does that mean?

    Is this a threat? Or illegal

    Brandy’s Answer

    Agreed...without context it is impossible to answer this question. Perhaps its a threat...perhaps not.

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  • Do I really have to pay the full mortgage myself and give him half my housing allowance as well?

    Military service member, married 9 yrs, separated 8 months in Maryland, and am drowning paying the entire mortgage payment and giving him half my housing allowance, which he doesn't use to put on the mortgage payment. Both our names are on the ho...

    Brandy’s Answer

    If you're both on the mortgage, you're both responsible for its payment, unfortunately. As my colleague suggested, consult an attorney to begin the process of divorce. Your interests need to be protected.

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