Ms. Y sought the assistance of the Katharine & George Alexander Community Law Center in April of 2013, hoping that the Center could help reduce a wage garnishment that was consuming a quarter of her paycheck every month. The money was being garnished by a debt collector for an alleged debt that had been incurred ten years before. “My whole life and my family were being affected. I could not apply for credit of my own, nor could I try to change apartments because no one would even consider my application. I was at the end of my rope,” said Ms. Y, a shipping manager and the sole provider for a family of five at the time.
A debt collector had sued Ms. Y in 2006, but never delivered the summons and complaint to her. The Law Center learned that the debt collector had filed documents with the court indicating it had ‘“served” Ms. Y by leaving papers with an adult at her “residence.” In fact, the address was a former residence that she had left years before. When Ms. Y learned of the judgment about two years later, she was shocked. She believed this debt had been settled much earlier. So Ms. Y tried on her own to set the judgment aside in 2008 but was unsuccessful. At that point, she believed there was nothing she could do to attack the judgment. After dealing with this issue for five years, she sought advice at the Law Center.
Roxana Cremene ’15 worked on this case under the supervision of Clinical Professor Scott Maurer. Roxana drafted a complaint to have the judgment set aside on the grounds of improper service.
Initially, opposing counsel was adamant that Ms. Y had waited too long to set aside the judgment, and that she was not entitled to any relief. But Roxana’s thorough factual and legal research allowed her to counter every argument set forth by opposing counsel. In the end, the debt collector agreed not only to wipe out the $8,500 judgment, but to return most of the money that had been garnished and to clear Ms. Y’s credit report.
“This case was challenging because it involved negotiation, a skill I hadn’t practiced much in the past. At the beginning it was a bit intimidating to be across the table from an experienced attorney. But with all the preparation and encouragement from Professor Maurer, I gained the necessary confidence. I did win a good settlement for my client. When she hugged me in the end, I had an overwhelming feeling of accomplishment. I was also very happy to see my client get out of this terrible problem,” said Roxana.
Ms. Y had a similar feeling about her experience. “Roxana made me feel like I was her only client and gave me her entire attention every time. She did all her research with such fervor and dedication. I really want to applaud her confidence as my case moved forward. I realize how expensive legal services are in this area, but your organization is unique because it provides a choice for those of us who cannot afford these services. I am so grateful. I am also a big fan.”
“I realize how expensive legal services are in this area, but your organization is unique because it provides a choice for those of us who cannot afford these services. I am so grateful. I am also a big fan.”
— CONSUMER LAW CLIENT
Roxana Cremene ’15, Consumer Law student
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