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Brandy Ann Peeples
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Brandy Peeples’s Answers

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  • I was served a summons for a credit card debt. It says I have 15 days to respond but I am not sure how to respond.

    I am not going to dispute it so I just want to know how to go about it without having to go to court, if possible. If not, how do I respond (where do I send it or do I have to go to the clerk of the court) so I can attend the Resolution Confere...

    Brandy’s Answer

    Call the attorney on the pleadings -- most attorneys are prepared to dismiss the case in exchange for some kind of written agreement or payment plan.

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  • My 2015 RAV4 car with 7702 miles got stolen and crashe by an uninsured/insured theif .what all claims I can make ??

    My insurance is progressive . It's 1 year old car m. I have comprehensive insurance. Insurance is not totaling my car and repairing with used parts which is not acceptable to me. Can I ask them to replace with new parts and can I file diminished v...

    Brandy’s Answer

    The provisions of your actual insurance policy will control as to whether you are entitled to have new replacement parts versus repaired parts. Typically, if you read the fine print in many insurance companies, those companies reserve the right to "repair or replace" at the company's discretion. The only way to tell whether you're entitled to new parts would be to read the policy language.

    As for diminished value, that certainly can be an element of your claim.

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  • Can I return a car back to a dealership under 24 hours in the state of Maryland?

    My younger brother bought a car from a dealership yesterday and I personally know that he received a bogus deal. I want him to take it back today but I want to know if he can legally take it back with no strings attached. I believe they took advan...

    Brandy’s Answer

    Unless there was fraud, you can't cancel the contract. If your brother is of legal age, he is presumed to understand and know what he signed. If he was aware that the car needed minor repairs at the time he signed the contract, then the dealership did nothing wrong. Absent fraud, If this transaction just amounts to a bad deal, there's really not much your brother can do about it.

    To determine if there was any fraud or misrepresentation, you should schedule a consultation with an attorney to review the actual document and the facts of the transaction. Such a review can shed light on whether the dealer did something wrong or whether your brother simply was not a savvy consumer.

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  • What do we need to do in order to get our money back from him?

    My mom paid a man $900 to do brick work in her front yard back in September. The money was for labor and materials. We did tell him there was no rush to do it, however, it is now April and no response from him for 9 days. Back on March 1st he s...

    Brandy’s Answer

    Is the man a licensed MHIC contractor? You may also have a claim against the Maryland Guaranty Fund if he is...

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  • Are pay day loans legal in the state of Maryland

    I am being threatened with legal action from a pay day lender in Delaware. I have no intention of letting it get to that point as I am going to work this out with them. Can they legally garnish my wages. If negotiations fail what steps should I take?

    Brandy’s Answer

    It all depends on the type of loan. If your loan violates the provisions set forth at the link below, it may be illegal. If the loan is a legitimate loan and comports with Maryland law, then a creditor can undertake any and all remedies available to it including garnishment of wages.

    https://www.dllr.state.md.us/finance/consumers/paydayloans.pdf

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  • Can you ask for a clarification of the District Court Judge's Order, which denied a Motion to Alter or Amend Judgment?

    The Plaintiff could not attend the trial in District Court as she was in hospital. The Judge dismissed the case with prejudice and the Plaintiff filed a Motion to amend the Judgment attaching her hospital records etc. The Judge, surprisingly denie...

    Brandy’s Answer

    The denial of the motion is not a surprise to those of us who know how to practice law. That you think it is demonstrates that you're not understanding the applicable rules (and I'm not trying to be offensive here, I'm just stating fact). Pro se plaintiffs are held to the same standards as practicing attorneys, and based on what you've written, the outcome here was completely appropriate.

    If the Plaintiff was in the hospital, the Plaintiff should have filed a motion to postpone the case and put something in writing to the court as soon as practicable BEFORE the trial date. Simply not showing up has hurt the Plaintiff's cause and was construed as the Plaintiff voluntarily failing to prosecute his or her case, for which a dismissal was the appropriate relief. Moreover, filing a motion to alter or amend the judgment attaching hospital records was not proper to do in this instance.

    The bottom line is - you don't have a judgment as defined by the rules to alter or amend, You have a dismissal which is different.

    If this is a record appeal, you likely won't prevail. If this is a de novo appeal to the Circuit Court from a small claims matter, then it's basically a do over and anything that happened at the district court level is irrelevant.

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  • Could I sue a company for laying me off but never fire me or hiring me back but hired new people for the job i was doing?

    I was hired by a company in 2012 as a contractor a naval base got laid off during the fall never received the call to come back of 2013 never received anything about being fired still have my contractor ID what should I do??

    Brandy’s Answer

    Maryland is an at will employment state which means you can be terminated for any reason or no reason at all so long as you're not a member of a protected class and the termination is not discriminatory. If you think you've been unfairly treated, consult an employment law attorney in your area -- but typically, an employer doesn't have an obligation to rehire you. Given that it's now 2016 -- you also may have run out of time to make any kind of complaints.

    Contact an attorney for a thorough review of your case.

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  • Could the new landlord sue me for breaking the lease which I never had signed with them in the first place?

    I had signed a 5 years lease for my business. After 15 months owning my business. My landlord had sold the property to another landlord. I was informed to make my payments to the new landlord. Nothing was signed on the lease with my name And also ...

    Brandy’s Answer

    Your lease most likely has an assignment clause which allows your landlord to assign its interest in the lease to another party. That new landlord; however, has to abide by the terms of the lease just as much as you do.

    The only way to know what your responsibilities are would be to consult an attorney for a review of your lease to determine whether your actions were appropriate as a result of the landlord's own potential breach of lease. You should take this seriously, particularly if you are a personal guarantor on the lease.

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  • Is an attorney entitled to bill for time and travel costs to and from a hearing when the attorney already withdrew from the case

    An attorney represents a client in a civil case that resulted in a settlement. The client, acting on their own, files a motion to set aside the settlement because of the other parties breach. While that motion is pending, the attorney withdraws fr...

    Brandy’s Answer

    An attorney simply cannot withdraw from a case. Counsel can withdraw if there is another attorney representing you at the time that happens; or counsel must file an appropriate motion with the court. The attorney is still your counsel of record until the court affirmatively strike the attorney's appearance.

    From what you've written, it's hard to tell whether that happened. If the attorney's appearance had not been stricken from the case, then the attorney would still be obligated to attend court proceedings and represent you. If the court had stricken the attorney's appearance, there would be no reason for the attorney to attend and no justification for billing you.

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  • Can you create a sole proprietorship, LLC or corporation without having your name listed and searchable online?

    Can you create a sole proprietorship, LLC or corporation without having to have your name listed and searchable online? I do not want my name listed online tied to the company. I do not mind if it is at the business registration office, I just do ...

    Brandy’s Answer

    First of all a sole proprietorship is not a business entity which requires any sort of filing of Articles of Incorporation or Articles of Organization with the Maryland State Department of Assessments and Taxation.

    A business owner's name does not have to be listed in the Articles of Organization for an LLC. Just an "authorized party" and/or the resident agent for the business need to be listed. For a corporation, one or more adults acting as incorporators must sign the Articles of Incorporation -- so in theory, you could own a business but have someone else be the incorporator.

    If you're looking to form a business, you really should consult with an accountant or other tax professional and/or legal professional to determine the best type of entity for your goals.

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