Legal Question in Credit and Debt Law in Maryland

Someone I know is being take to court by an HOA. The courts show that it says COMPLAINT AFFIDAVIT/MERIT TRIAL and a court date is set for next month. What does this mean? She has been take to court for this before, but has not paid, its past due association dues.


Asked on 8/19/10, 5:34 am

2 Answers from Attorneys

Sean T. Morris Law Office of Sean T. Morris

What that likely means is that the plaintiff submitted a sworn affidavit in support of its claim. If your friend does not appear for the trial date, the case will be submitted to the court on the strength of that affidavit alone -- the plaintiff himself does not even have to appear -- and a judgment will likely be entered against your friend. To avoid this result, your friend should file a notice of his intention to defend the suit and plan to appear at court.

For more information on cases such as this one, feel free to look at some of the entries on the following blog: http://marylanddebtdefense.com

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Answered on 8/24/10, 6:13 am
Phillip M. Cook Cook Legal Services, LLC

It means that your friend is being sued by their homeowners' association for past due association dues. Once the HOA obtains a judgment against your friend, they can lien the home, garnish wages, suspend driver's licenses, and trash their credit. I would recommend that the friend attempt to negotiate a settlement or payment plan before it goes that far. Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.******

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Answered on 8/24/10, 7:33 am


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