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David Andrew Maxfield
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David Maxfield’s Answers

23 total

  • Removing false information from my Credit Report.

    I have already disputed this item that's on my Credit Report for over two yrs. They are filing false information on my Credit Report. Can you please tell me if there is an Attorney in my area that can help me?

    David’s Answer

    It's going to depend on nature of the information and whether or not the account belongs to you or is being falsely attributed to you.

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  • Is it legal for a dealership to take back a car after singing.

    Chevrolet sold me and my girlfriend a Toyota tacoma. I traded in my motorcycle and they gave me 11,500 for trade in. Now they are saying they can only get 6500 for the bike. Now they want to do a new deal and want more money after I've already sig...

    David’s Answer

    You would have the right to undo wind the deal in full, get your trade back, and deal with someone else. They may tell you otherwise but you have that right.

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  • Sue a debt collector ?

    I live in South Carolina and I keep receiving calls from a debt collector. The collector is a local creditor (Credit Central) that i receive a small loan from (under $700) and I know in South Carolina there are laws that make the original creditor...

    David’s Answer

    Credit Central would not be covered under the FDCPA becasue they are collecting their own debt. They are covered under the SC Consumer Protection Code, 37-5-108, which has some similar restrictions on contact. It would be relevant that Credit Central was on notice of the contact restriction.

    Whether you have a claim or not depends on exactly what was said, and the number of communications after notice, and possibly how you were contacted (e.g., whether it was to your cell or at work, etc.)

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  • How do I get false creditor reports off my credit reports?

    I have two creditors filling false information on my credit reports. How do I get them removed ASAP. I have disputed this and it didn't work. So i need another option on what to do now?

    David’s Answer

    A lot depends on what you mean by "dispute." To be legally actionable against a creditor reporting false information, the dispute needs to be made in writing to the credit reporting agency (or agencies) on which the false information appears. If it is not removed, and is truly incorrect, you may have a right and claim under the Fair Credit Reporting Act.

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  • Just asking. I found our my baby daddy put a car in my son's name...what can I do

    Do I need to get a credit report??

    David’s Answer

    Depends in part on how old your son is....some details on how this occurred would be helpful.

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  • What can I do about a collector coming to my job repeatedly?

    I have been paying on a violin for almost 2 years. The past few months have been hard financially and I haven't been able to keep up with payments. First the calls started to my cell and then to my job. I have since starting working at a different...

    David’s Answer

    You should write to the collector / creditor and tell them they cannot come to your job; better still, you should get your employer to write to them. Save a copy of all letters you get from the collector, and especially any voicemails, at they may become important later.

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  • Can they attach my wages

    There is a company in Maryland sending me threatening letters to collect a judgement owed from 2004. I was living there at that time. I now live in South Carolina where I am told is a state where they cannot attach your wages unless its IRS or c...

    David’s Answer

    Wage garnishment is illegal in SC for most things, but if the employer is located out of state (especially a national employer or one with offices in the state where judgment is obtained) a garnishment action may be brought against the employer there which may allow this to happen.

    In short, if it is a SC-based employer, it probably is not a lawful garnishment. If the employer has offices in or is based in Maryland, it may be difficult to have this undone, assuming the underlying Maryland judgment is itself valid.

    Note that SC judgments have a shelf life of 10 years, and then expire and cannot be renewed. I don't know how long Maryland judgments last; it may be expired though.

    Threatening an action that cannot lawfully be taken can violate federal and state collection laws. Whether this is the case here is going to depend on what the letter says, and the status of the MD judgment.

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  • South Carolina Resident with wages being garnished from New York debt

    My fiancee moved to SC and became a resident 4 years ago in 2012. He bought a car while living in Bronx NY in 2007. The car was towed and impounded within 2 months of purchase. It cost too much to get out the impound, so they sold the car. There w...

    David’s Answer

    No quick answer to this. Wage garnishment is illegal in SC for most things, but if the employer is located out of state (especially a national employer or one with offices in NY) a garnishment action may be brought against the employer there which may allow this to happen.

    In short, if it is a SC-based employer, it probably is not a lawful garnishment. If the employer has offices in or is based in NY, it may be difficult to have this undone, assuming the underlying NY judgment is itself valid.

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  • What could happen as a result of this execution? Would they take my car & what little money I have? Could they arrest me?

    I have just received an execution of judgement from the county I reside in from SC. The only property I have is a car that I make monthly payments on. I work part time & take care of my elderly grandparents full time. I do have a bank account but ...

    David’s Answer

    Generally, your primary transportation and cash up to a certain amount are all exempt, meaning you cannot lose them. You cannot be arrested for non-payment of a civil debt (except things like child support, etc.). We also don't have wage garnishment in SC, so under most circumstances, a judgment creditor cannot get into your paycheck.

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  • Is a call log enough to sue a debt collector?

    I am receiving multiple phone calls a day from one local loan company (over a small loan under $1000). I am at work and can’t answer the calls. About twice a week they call so much that my phone doesn’t stop ringing. For example between 11:00 and ...

    David’s Answer

    SC Code 37-5-108 restricts harassing contact in the course of debt collection. There is a 2 year statute of limitations. It would be relevant whether or not you asked the lender to stop calling (in writing is preferable, but verbally is better than nothing). Being able to prove the volume of calls -- through a log or (better) through the phone services provider's records, is definitely helpful.

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