Ramsay v. Sawyer Property Management of Maryland, LLC

948 F. Supp. 2d 525, 2013 WL 2405309, 2013 U.S. Dist. LEXIS 77151
CourtDistrict Court, D. Maryland
DecidedMay 31, 2013
DocketCivil Action No. 12-2741
StatusPublished
Cited by22 cases

This text of 948 F. Supp. 2d 525 (Ramsay v. Sawyer Property Management of Maryland, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramsay v. Sawyer Property Management of Maryland, LLC, 948 F. Supp. 2d 525, 2013 WL 2405309, 2013 U.S. Dist. LEXIS 77151 (D. Md. 2013).

Opinion

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff Kharyn Ramsay brings this class action lawsuit against Defendants Sawyer Property Management of Maryland LLC and Jeffrey Tapper, alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692 et seq., the Maryland Consumer Debt Collection Act (“MCDCA”), Md.Code Ann., Com. Law, §§ 14-201 et seq., and the Maryland Consumer Protection Act (“MCPA”), Md. Code Ann., Com. Law, §§ 13-101 et seq. Defendants have filed separate Motions to Dismiss Plaintiffs Complaint (ECF Nos. 14 & 17) for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court has reviewed the parties’ submissions and finds that no hearing is necessary. See Local Rule 105.6 (D.Md. 2011). For the reasons that follow, Defendant Sawyer Property Management of Maryland LLC’s Motion to Dismiss (ECF No. 14) and Defendant Jeffrey Tapper’s Motion to Dismiss (ECF No. 17) are GRANTED, and Plaintiffs Amended Complaint (ECF No. 15) is DISMISSED. Specifically, Plaintiffs Fair Debt Collection Practices Act claim is DISMISSED WITH PREJUDICE and Plaintiffs state law claims under the Maryland Consumer Debt Collection Act and Maryland Consumer Protection Act are DISMISSED WITHOUT PREJUDICE.

BACKGROUND

In ruling on a motion to dismiss, the factual allegations in a plaintiffs complaint must be accepted as true, and those facts must be construed in the light most favorable to the plaintiff. Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir.1999).

I. The Parties

Plaintiff Kharyn Ramsay (“Plaintiff’) resides in Baltimore County, Maryland. Pl.’s Am. Compl. ¶ 9. Defendant Sawyer Property Management of Maryland (“Sawyer Property”) is a rental and property management company serving various landlords in the state of Maryland, including the landlord of a property called “Gwynn Oaks I” in Baltimore County. Sawyer Property’s Supp. Mem. 1, ECF No. 14-1. Plaintiff was a tenant at “Gwynn Oaks I” and defaulted on her rent payments. See Pl.’s Am. Compl. ¶ 10. Sawyer Property hired Defendant Jeffrey Tapper (“Tapper”), who is both an attorney and a licensed collection agent in Maryland, to collect delinquent rent from Plaintiff and other tenants in default. See id. at 2-3.

II. Enforcement of a Judgment under Maryland Rule 3-633

In order to describe Tapper’s collection activities with regard to Plaintiff, it is important to set out the relevant law. Rule 3-633 of the Maryland Rules of Civil Procedure governs the process by which a judgment creditor may enforce a judgment. When a judgment debtor fails to pay a judgment, the creditor may obtain a court order seeking an oral examination of the debtor before a Maryland District Court. See Md.Code Ann. Civ. P. § 3-633(b). To request an oral examination, the creditor files a “DC/CV 32” order request form1 with a Maryland District [528]*528Court. Id. Once the Maryland District Court Judge signs the form, it becomes a court order that the creditor serves on the debtor to compel an appearance before the court. Id.

If the debtor does not appear for the court-ordered oral examination, the creditor may then file a “DC/CV 33” order request form.2 See Md.Code Ann. Civ. P. § 3-633(c). As with the DC/CV 32 request form, once the District Court Judge signs the DC/CV 33 form it becomes a court order that the creditor must serve on the debtor. Id. This order directs the debtor to appear before the court and show cause for her failure to appear for the court-ordered oral examination. Id. If the debtor fails to appear before the court a second time, the creditor may request that the court issue an “Attachment for Contempt,” which directs a peace officer to place the debtor under arrest and deliver the debtor to a judicial officer to set a bond. See Md.Code Ann. Civ. P. § 3-633(b) (“[F]ailure to appear may result in the person served being held in contempt.”).

III. Allegations of Plaintiffs Amended Complaint

In the present case, Sawyer Property obtained a state court judgment of $1,540.84 against Plaintiff for failure to pay rent. See Pl.’s Am. Compl. Ex. C. Though Plaintiff does not dispute the validity of this debt, she did not pay it, prompting Sawyer Property to retain Tapper’s services. See Sawyer Property’s Supp. Mem. 2-3, ECF No. 14-1. On August 5, 2011, Tapper filed a DC/CV 32 order request form with the District Court of Maryland for Baltimore County. See Pl.’s Am. Compl. Ex. C. The District Court approved Tapper’s request and directed Plaintiff to appear before the court for an oral examination. Id. After Plaintiff failed to appear for the examination, Tapper filed a DC/CV 33 form, which the District Court again approved. See PL’s Am. Compl. E^c. D. After Plaintiff failed to appear before the District Court a second time, the District Court issued an “Attachment of Contempt,” which directed the Sheriffs Office of Baltimore County to arrest her. See Sawyer Property’s Supp. Mem. 3. The Sheriffs Office arrested Plaintiff on August 23, 2011. Pl.’s Am. Compl. ¶ 37. After a two-hour period of custody, the Sheriffs Office released Plaintiff on her own recognizance. Id.

On September 13, 2012, Plaintiff filed the initial Complaint in this Court arising out of Tapper’s actions. On November 7, 2012, Plaintiff submitted an Amended Complaint, which seeks damages for Defendants’ alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), the Maryland Consumer Debt Collection Act (“MCDCA”), and the Maryland Consumer Protection Act (“MCPA”). Id. The acts underlying Plaintiffs three causes of action arise from Tapper’s alleged modification of the DC/CV 32 and DC/CV 33 court orders. See PL’s Am. Compl. ¶¶ 28, 32. Specifically, she points to the following language that Tapper stamped on the orders: “THIS COMMUNICATION IS FROM A DEBT COLLECTOR. IT IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.” 3

[529]*529Plaintiff alleges that Tapper intended both to mislead Plaintiff into believing that the court orders were instead communications from a debt collector and to cause her to fail to comply with the orders. Id. ¶¶ 35, 36. In her first and third causes of action, Plaintiff asserts that Tapper violated section 1692e of the FDCPA and section 13-301(1) of the MCPA, both of which prohibit false and misleading representations made by collection agents. See 15 U.S.C. § 1692e; Md.Code Ann., Com. Law, § 13-101(8). In her second cause of action, Plaintiff claims that Defendants violated section 14-202(8) of the MCDCA, which prohibits debt collectors from attempting to enforce rights that they do not have. Id. ¶ 129.

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948 F. Supp. 2d 525, 2013 WL 2405309, 2013 U.S. Dist. LEXIS 77151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsay-v-sawyer-property-management-of-maryland-llc-mdd-2013.