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Andrea L Crawford

Andrea Crawford’s Answers

75 total


  • What do I do with a warrant in debt that isn't mine?

    There was a warrant in debt taped to my door when I got home. The address on the paper is mine, however I have no idea who the defend is. I have never heard of the person, Do I need to contact anyone to make sure the correct person gets this?

    Andrea’s Answer

    You don't have to do anything. However, you can contact the court on the "warrant" and let them know that the person does not live at your address. This, hopefully, would prevent a default judgment from being issued against a person who has not actually received notice.

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  • What can you do when a debt collector wont talk to you about the debt they are trying to collect?

    I have a debt collector that is trying to collect a debt from me that is not mine. What happened is, my husband and I signed a Roomate Amendment signing us off of the lease and signing a friend on the lease. I have the paperwork that has the box...

    Andrea’s Answer

    It is possible that the collector has violated the FDCPA and the Texas collection statute. You should gather everything you have on this "debt" and contact a local consumer law attorney. FDCPA violations have a 1 year statute of limitations, so you should act quickly.

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  • Can i be sued while i ask them to verify the debt within 30 days?

    I received a letter from an attorny office about giving me the opportunity to pay a debt before being sued. I want to ask them to verify the debt (i am still within the 30 days they sent me the letter)

    Andrea’s Answer

    It is possible the law firm has already violated the FDCPA, as well as the Texas collection statute. You should have a local consumer law attorney review the letter ASAP.

    If the letter states that you have 30 days after receipt to request debt validation, and you do so in writing within that 30 day period. Filing a lawsuit prior to sending you debt validation could be a violation of the FDCPA. This would not prevent the lawsuit from being filed or going forward. It would, however, give you a claim against the law firm for statutory damages, actual damages, and attorney's fees.

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  • Request for debt validation/verification from original creditor

    I sent a written request for debt validation/verification (via certified mail) to an original creditor for a loan and have not received a response after 45+ days. It is to my understanding that this violates fdcpa rules and I am wondering if I hav...

    Andrea’s Answer

    First, in the majority of cases, an original creditor, or even someone who obtains a debt before it is in default, cannot violate the FDCPA as it does not apply to them. State debt collection statutes COULD apply to an original creditor, and you should consult with a local consumer law attorney to determine if this is the case here.

    Second, the only requirement for those who do fall under the FDCPA regarding debt validation is IF the validation is requested in the first 30 days after an initial notice is received, to stop collection efforts until validation is provided. They do not have to provide validation. They do not have to remove any negative reportings already on your credit. However, they cannot update the reporting until AFTER validation is provided (or mailed in most cases).

    To have a negative reporting removed on your own, you would need to send a dispute letter to the credit bureau, not the debt holder. This process is governed by the FCRA.

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  • 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.....

    They are saying it is in active litigation and that I will get a summons if I do not pay. The name of the bank is Bank of Delaware....I did get a loan there and my bank account was closed because of a tax lien that was put on it .....I have told t...

    Andrea’s Answer

    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.

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  • I have a default judgment against me and the judge denied my motion to set aside the default judgment. What can I do next?

    I received a notice in the mail that a default judgment was filed against me for an old cc debt. I was never served the first time. They have record they used substitute service but I still never received it. Hence, the default judgment. I filed a...

    Andrea’s Answer

    You need to consult with a local debt defense attorney about filing an appeal on your motion. Good luck!

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  • I have a 4 year old medical bill that went to collections, now is with an attorney and want me to sign judgement papers.

    They are charging me 18 percent interest and the medical bill after I insurance billed was 1,900 dollars and now is 3,650 dollars. I can only pay 50 dollars a month, therefor won't ever get it paid in my life time. Is there any thing I can do? I...

    Andrea’s Answer

    Signing a consent judgment will allow the attorney to then garnish bank accounts, you wages, file a lien on your property, etc. It sounds like this attorney has filed a lawsuit. Have you been served? If so, have you filed an answer?

    Before a judgment is filed, you can attempt to negotiate a payment plan that you can afford. Since you can only afford $50.00 per month, you could attempt, as part of a settlement, to not have interest added to the settlement unless you breach (fail to pay your monthly amount). If you can't negotiate something you can live with, you should consider consulting a bankruptcy attorney.

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  • I recently offered an unemployed friend a place to live. During that time he borrowed money from me.

    I lent him money on a number of occasions to help make truck payments, cell phone payments, etc. He kept track of the amount and stated several times he would pay me back. Now that he has moved out, he will not corroborate the amount of money he o...

    Andrea’s Answer

    Yes, you can sue your friend to collect the money he owes you. However, before you do, you should be prepared to provide evidence of the loaned amounts (check stubs, bank statements, etc), you should consider the amount it will cost you not only to file the suit but to collect on any judgment you receive, and you need to be prepared to lose that friend forever. You should be careful about how you go about collecting the debt, as though you are not liable under the FDCPA, you may be liable under Washington's statute (or another state if your friend has moved out of the state).

    If you do decide to go forward with the lawsuit, you should consider consulting with a collection attorney who may be willing to help you with the process on a contingency basis.

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  • Having received a summons to appear at pretrial conference, is it better to appear, or take the settlement offered.

    I have been served with a summons to appear at pretrial conference. This is for an old credit card (about three years old) that I believe the issuer, Barkley Bank, still owns. I called the collection agency, which offered me a settlement that is n...

    Andrea’s Answer

    You should attempt to obtain a free consultation with a debt defense attorney who can better assist you with determining what your best course of action is. If you do not appear, you run the risk of having a default judgment entered against you, even if you agree to the settlement with the collection agency.

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

    My part-time wages are garnished for unsecured credit card debt. Since I’m paid weekly and only net earnings $217.50 or higher are garnished I haven’t had any wages taken in 2 months. Is it true that if NO non-exempt wages are removed dur...

    Andrea’s 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 notice about garnishment. If you do not have this, check out form 11 at http://www.azcourts.gov/selfservicecenter/SelfServiceForms/GarnishmentofEarnings.aspx

    Having the lien expire does not make it so that the judgment creditor will be unable to attempt another garnishment in the future. Further, the judgment will continue to accrue interest. You should consider obtaining a free consultation with a local bankruptcy attorney to see what your options are.

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