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Brandy Ann Peeples
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Brandy Peeples’s Answers

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  • ? taxes be intercepted by child support for arrearage Only owed to the state of MD only under chapter 13. No monies owed to par

    My husband and I filed a chapter 13 that include child support arrears owed to the State Of MD to pay back for cash and food stamp assistance only in the amount of $11K. There is no money owed to the custodial parent, who is now deceased Andvthe c...

    Brandy’s Answer

    You've been getting some strange advice. Generally speaking, child support obligations are NOT dischargeable in bankruptcy. Use the AVVO find a lawyer tool to locate a bankruptcy attorney who may be able to provide you with assistance.

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  • What are my rights and can I stop the garnishment at this point.

    Eviction from apartment, March 2011 there was a judgment on this case, the company then filed a suit if garnishment on Jan. 21, 2016 without any notice.

    Brandy’s Answer

    If you did nothing to try to settle the case and/or you let a judgment be entered against you, then there's really nothing you can do to vacate the judgment. A judgment creditor does not have to give you notice of garnishment of your wages and/or bank accounts. You do, however, have rights and there are exemptions as to what can be garnished. If finances are a huge problem for you, you might also want to contact a bankruptcy attorney for an evaluation.

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  • What can I do at this point to recoup all of the $5000 loan?

    I loaned my sister $5000 for a legal issue with involving her son. The agreement was to pay me back when she gets her taxes. She now informs me that I will be paid close to what is owed but not all.

    Brandy’s Answer

    You'd have to sue your sister on the oral agreement to pay you back what you loaned her. However, you can't get blood from a stone -- if she doesn't have it, you might spend a lot of time getting a judgment that is uncollectible. The difficulty here is that this is your sister and legal action might strain relations even further. If she's willing to pay you something -- even close to what is owed -- that's significant. You need to balance the cost of getting your money, the headache of going to trial, the time and effort involved in getting a judgment you may never collect with potentially ruining your relationship with your sister.

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  • Why am I still scheduled for court after I completed my community service hours?

    I was cited for underage possession of Alcohol in October 2015. My court date was Jan 26, 2016. I talked to the MD state attorney and they told me I can complete alternative community service hours instead of going to trial. I have Completed all 1...

    Brandy’s Answer

    Usually the state will schedule a 2nd court date to see if you've completed community service as ordered. Often those court dates are rendered unnecessary, but the scheduling of an additional court date is not unusual. Contact the prosecutor's office to determine how the prosecutor wants to proceed. The prosecutor may accept proof that you've completed the community service and agree not to go forward with the trial of this matter.

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  • Can I do anything to try and explain that I just do not make enough money to pay what he has recommended?

    I have been divorced since June of 2015 (roughly 8 months). In that time after making my first handful of child support payments, I unfortunately lost my job. In that time I could not make any payments. I worked hard to get a new job and did. An...

    Brandy’s Answer

    You need to seek a modification of child support. Contact Maryland Volunteer Lawyer Service or the Pro Bono Resource Center if you cannot afford a lawyer -- there are actions you can take to protect yourself; however, you have to follow the appropriate procedures to do so. Communicating with your wife and not make payments do nothing to circumvent a child support order in place -- you have to take some kind of action to modify it if and when your financial situation changes.

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  • Is there a faster way to seek reimbursement on my medical bills and lost pay without a lawyer or with?

    I was in a car accident on January 11th. I was driving a co-worker home from work in Ashburn, Virginia to Sterling, Virginia when my car (the lead car) was in a 4 car accident. I hit black ice and slowed to regain control of my car. As soon as I h...

    Brandy’s Answer

    Well, you have a couple variables here -- first and foremost, was the other driver deemed to be at fault? Secondly, insurance companies are known for low-balling people who represent themselves. You may have a better overall recovery if you consult legal counsel. Otherwise, you will be doing yourself a disservice. A lawyer can send a letter of protection to hold your creditors in abeyance as well.

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  • Can I get my husband's apartment complex to let me into his apartment if I am not on the lease? I have my marriage certificate.

    I have solid evidence my husband was cheating on me. Plus, I spoke to his mistress and he finally admitted it as well... now he wants to get back together, claiming his fling is over. He works in Maryland but our home is out of state. I suspect...

    Brandy’s Answer

    The apartment complex has no legal obligations to you. That you are married is meaningless as far as your husband's contract with the apartment complex. You have no rights in the premises unless you were also on the lease.

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  • Can I ask for some type of compensation from the property management company?

    My car was keyed in my apartment complex's parking lot. The damage was pretty severe; the total repair costs are about $2800. While my insurance covers most of the costs, I still have to pay a $500 deductible. I filed a police report, but I have n...

    Brandy’s Answer

    No -- you will not win against the apartment complex if you take legal action. Typically a landlord is not an insurer of your property or premises unless it's a known danger. If you don't know who vandalized your car, then how can you hold the apartment complex responsible if the complex had no control over the situation or if there were no reason to believe that things like these were occurring at the premises?

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  • How do we go about getting official custody/guardianship/kinship care of my boyfriends 3 nephews?

    my boyfriend's sister has 3 sons- twin 4yr old boys and a 2 yr old boy. they are being physically abused and neglected by both of their parents and we fear for their lives. their mother is a prescription pain pill addict and has been diagnosed wit...

    Brandy’s Answer

    You would need a court order for custody -- otherwise, the mother just signing a form bears no legal weight. Although the biological mother may not oppose the proceedings, you should file a Petition for Custody with the Circuit Court and have the court make a finding that sole physical and legal custody for your boyfriend are in the best interest of the children.

    I would always suggest going to a lawyer because these types of proceedings need to be handled correctly with the appropriate legal standards being met to demonstrate that the mother is an unfit mother. IF the mother contests these proceedings you will have to abide by the rules of evidence -- i.e. you can't merely state that the mother is in a mental hospital and abuses drugs, you have to prove it in court and most laypeople don't know how to do this.

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  • Can I sue them and at least get them to finish the job or refund the money paid to them or sue them for emotional distress

    Terminix has been coming to my house for bedbugs and after 90 days they refuse to come out any more. I have had them out every week and never did get rid of them and now they want another $1100 to come back out and finish the job it is causing me...

    Brandy’s Answer

    You can't get damages for emotional distress based on a breach of contract action, which is what it sounds like you're describing. Review your paperwork with Terminix to determine what your remedies/options are.

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