Andrea L Crawford’s Answers

Andrea L Crawford

Anthem Personal Injury Lawyer.

Contributor Level 10
  1. Just received a bill from collection agency that is from 1998!

    Answered over 1 year ago.

    1. Andrea L Crawford
    2. Nicholas Attilio Vidoni
    3. Michael Avanesian
    4. Martha Bronson
    4 lawyer answers

    First, if the bill is 15 years old and no one has paid anything in those 15 years, the debt collector should not be able to place it on your credit report. Generally without a judgment and with no payments, a debt is only allowed to remain on your credit for 7 years. Second, the statute of limitations, which is the time in which they can enforce the collection of a debt through lawsuit, likely passed after five years of non-payment. This does not mean that the debt collecter can't request...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. We received a summons from Asset Acceptance,LLC requiring us to appear in court for a debt to another company. We have 20 days

    Answered over 1 year ago.

    1. Andrea L Crawford
    2. Steven W Zachary
    3. Dorothy G Bunce
    3 lawyer answers

    If you think there is something amiss with the lawsuit, you should take everything you have regarding this debt to a consultation with a debt defense attorney. If this is not your only debt, you may want to consider obtaining a free consultation with a bankruptcy attorney.

    5 lawyers agreed with this answer

  3. In Arizona (Maricopa County), how do I record a judgment?

    Answered over 1 year ago.

    1. Andrea L Crawford
    1 lawyer answer

    The signed order awarding the costs and fees, after they have been submitted, is an official judgment. If you want to place a lien on any property the judgment debtor may have in Maricopa County, you can have it recorded. To do so, you must obtain a certified copy of the judgment from the Court Clerk (for a fee). You then take the Certified Copy to the Maricopa County Recorder's and have it filed (for another fee). Once it is filed, the judgment debtor will be unable to his property in...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I have been called by some one who says they have bought my account from a payday loan place that I had three years ago.....

    Answered over 1 year ago.

    1. Andrea L Crawford
    2. Dorothy G Bunce
    2 lawyer answers

    Payday loan scammers are notorious. Please do not pay them anything until 1) you can verify who they are and that they actually hold a valid debt of yours, and 2) you have looked into the claim that there is "active litigation." Generally, when a lawsuit is filed against you in AZ, you will either be served by a process server (without receiving a call prior) OR you will receive a request for waiver of service documents in the mail.

    4 lawyers agreed with this answer

  5. Can I challenge an Arizona, Maricopa County, Superior Civil Court default judgment from 2012?

    Answered over 1 year ago.

    1. Thomas John Cesta
    2. Andrea L Crawford
    2 lawyer answers

    I agree with Mr. Cesta. Additionally, you need to know that the court will want specific proof as to why you did not have notice of the lawsuit prior (plane tickets, utility bills, etc that show you were not in Arizona). Also, you need to act quickly as one of the requirements to vacate a judgment is that the motion is done within a reasonable time from discovery. Though "reasonable time" is only defined as 60 days for a couple reasons to vacate, you should try to stick as close to 60 days...

    4 lawyers agreed with this answer

  6. I was summoned for a writ of garnishent in az by midland funding, can i file a motion to vacate judgement?

    Answered over 1 year ago.

    1. William W. Fife III
    2. Andrea L Crawford
    3. Hyung S Choi
    4. Richard H Lee
    5. Kris K. Skaar
    5 lawyer answers

    One of the reasons you can make a Motion to Vacate is that the judgment is void. Not obtaining service is a reason the judgment would be void. However, in my experience, most judges still require that you show you acted in a reasonable time and manner after discovering the judgment, AND you have a valid defense to the debt. Judges are not fond of "wasting" court resources and believe that vacating a judgment only to have the lawsuit served on the defendant and a new judgment entered is a...

    4 lawyers agreed with this answer

  7. Can I quash a wage garnishment if no non-exempt funds are taken for 60 days at any point during the garnishment?

    Answered over 1 year ago.

    1. Andrea L Crawford
    1 lawyer answer

    The Order for Continuing Lien is issued when the employer will owe money to the employee in the next 60 days. However, the lien expires when no non-exempt wages are earned for at least 60 days. See ARS 12-1598.10(D). You should discuss this with your employer and see what they plan to do. If they plan to continue to honor the Lien, you will need to file a request for hearing/objection with the court that issued the writ. You should have been provided a form to do this in the original...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is this unsigned summons valid?

    Answered over 1 year ago.

    1. Christopher Daniel Leroi
    2. Andrea L Crawford
    2 lawyer answers

    Colorado has some interesting ideas about service of lawsuits that most states don't. For instance, debt collectors do not need to actually file the lawsuit until after service of the suit is obtained. If there is a court date listed, it is likely that the Summons is legal and you should consider consulting with a debt defense attorney who can be present at the hearing date. If there is no hearing date listed in any of the paperwork, you can either take the Summons to a consumer law...

    5 lawyers agreed with this answer

  9. Should i request a stipulation of dismissal before i pay the settled upon amount?

    Answered over 1 year ago.

    1. Andrea L Crawford
    2. Robert L Gutman
    3. Scott Jonathan Goldstein
    4. Glenn R Reiser
    4 lawyer answers

    It is very unlikely that anyone would agree to provide a Stipulation of Dismissal before receiving the money. Is the settlement offer in writing? If not, it would be appropriate to ask to obtain the offer in writing before sending money. When you do receive the Stipulation, make sure it is WITH prejudice. Good luck!

    5 lawyers agreed with this answer

  10. Can we sue a Junk Bond Debt Collector for a violation of Fair Debt Collection Practices Act if we received a "With Prejudice"?

    Answered over 1 year ago.

    1. Andrea L Crawford
    2. Michael Avanesian
    3. Stephen Clark Harkess
    3 lawyer answers

    The short answer is yes. Filing a lawsuit that is past the statute of limitations could be a violation of the FDCPA. Contact a consumer law attorney who practices in your area asap as FDCPA violations have a 1 year statute of limitations.

    5 lawyers agreed with this answer