Debt Collection Defense: Violations of the FDCPA

Consumer Rights Attorney: Violations of the FDCPA

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If you have been one of the many victims of unlawful debt collection practices, then an experienced consumer rights attorney can protect your rights. Contact Diwan Law today at 404-635-6883 to schedule your consultation to discuss these violations of the FDCPA.

Protection from Unlawful Debt Collection Practices

Debt Collection agencies often employ persistent and overly aggressive tactics when attempting to collect outstanding debts. Many of these tactics are against the law.

Consumer protection statutes prohibit such behavior and allow for the recovery of damages and attorney fees.

The Fair Debt Collection Practices Act [“FDCPA”] specifically prevents these abusive debt collection practices.

Violations of the FDCPA

The Fair Debt Collection Practices Act regulates debt collection practices. It prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

Examples of the types of consumer debt covered by the FDCPA:

  • Mortgages
  • Credit cards debt
  • Medical debts
  • Car loans

Courts measure violations of the FDCPA by an objective standard called the “least sophisticated consumer” standard. See Jeter v Credit Bureau Inc., 754 F.2d 907, 913 (11th Cir., 1985).

FDCPA Restrictions on communications by debt collectors with Consumers when collecting a debt

  • Time and place–debt collectors may not contact you at an unusual time or place. [Generally speaking, they are prohibited from contacting consumers before 8 a.m. or after 9 p.m.]
  • Harassment- Debt collectors may not harass you over the phone or through any other form of contact.
  • Representation by an attorney- A debt collector may not contact you if a lawyer is representing you.

Examples of FDCPA violations in collections lawsuits

  • Prosecuting a Lawsuit Against A Consumer After the Statute of Limitations Expires

Continuing to prosecute a time-barred claim is a violation of the FDCPA’s prohibition against making false and misleading claims about the debt’s legal status. Fair Debt Collection Practices Act, 15 U.S.C. §1692e.

  • False and Misleading Statements About the Amount Owed

It is a violation of the FDCPA’s to file a lawsuit against a consumer for more than is owed. This action is a direct violation of the FDCPA’s prohibition against false or misleading statements. 15 U.S.C. § 1692e.

If you believe that an abusive debt collector has violated your consumer rights, then Diwan Law can help you. Contact us today at 404-635-6883 to learn more.

Garnishment Lawyer: Wage Garnishment or Continuing Garnishment

Garnishment Lawyer: Wage Garnishment

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As an experienced wage garnishment lawyer, Diwan Law can guide your case through the garnishment process.

What is a wage garnishment?

Garnishment is a legal method by which a creditor may recoup a debt owed by an individual or company.

After a creditor, such as a credit card company, obtains a judgment against a customer, the debt collector can initiate a separate lawsuit against a third party [“the garnishee”] that owes money or property to the individual.

The garnishee in a wage garnishment is usually an employer.

Note: Recent changes to the garnishment statute allow creditors to file continuing garnishments against not only a judgment debtor’s employer, but also against a person or entity “under periodic obligations for payment” to the judgment debtor/defendant. This expands the garnishee target list for collection to better fit the current “gig” economy.

Once served with the garnishment action, the garnishee must retain a portion of the employee’s earnings each paycheck to satisfy the garnishment.

Under Georgia law, a garnishee can only withhold up to twenty-five percent of the employee’s disposable earnings for that week.

Until recently, wage garnishment actions had a relatively short shelf life in that garnishees were only obligated to withhold the earnings from each of the employee’s paychecks for a total period of 179 days [roughly 6 months]. A recent amendment to the garnishment statute expanded that time period to 1,095 days (3 years).

Wage Garnishment Defenses

Both federal and Georgia laws govern garnishment actions and protect consumers from excessive withholdings.

An experienced wage garnishment defense attorney can assert several defenses on behalf of a customer. The most common defenses are:

  • The judgment has expired;
  • Federal and Georgia law exempts the funds from wage garnishment;
  • The judgment was satisfied [paid];
  • The consumer filed for chapter 7 or chapter 13 bankruptcy;
  • The plaintiff failed to follow proper procedure in the garnishment action.

Diwan law can guide your case through the garnishment process and be your lawyer to stop the garnishment.

Contact Diwan Law, your wage garnishment lawyer, at 404.635.6883 to discuss your case today.

Atlanta Street Racing

Atlanta Illegal Street Racing

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Governor Brian Kemp signed a bill on Monday that attempts to stem the tide of illegal street racing in Atlanta. According to the AJC, there is a troubling trend of street racing that has led to an increasing number of complaints in Atlanta since the start of the coronavirus pandemic.

It is part of a larger effort across Georgia to suppress illegal street racing, which could encompass a wide range of crimes: dangerous driving in parking lots, chases down highways or quiet roads, stunts in parking decks or busy intersections in front of large crowds.

Racing is already illegal under Georgia law. As outlined in O.C.G.A. (b) § 40-6-186, “[n]o person shall drive any vehicle on a highway in this state in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition of speed, contest of speed, or test or exhibition of speed.”

Under this code section, anyone convicted of this violation is guilty of a misdemeanor, which the court may impose a sentence that includes a fine of up to $1,000.00, up to 12 months in jail, or both.

The Bill seeks to amend the Georgia code by making it illegal for “[a]ny person who knowingly promotes or organizes an exhibition of illegal drag racing, in violation of Code Section 40-6-186, or of laying drags, in violation of Code Section 40-6-251. If found guilty, the person shall be guilty of a misdemeanor of a high and aggravated nature.

The Bill also calls for the driver’s license of any person convicted of reckless stunt driving to be suspended.

Contact an experienced Atlanta traffic lawyer to discuss this and all your rights. Diwan Law will appear in court on your behalf and develop a strategic defense to your charges.

As an experienced traffic ticket attorney, Diwan law can guide your case through Atlanta Municipal Court or the Fulton County State Court system.

Call Diwan Law at 404.635.6883 to discuss your case today.

False Arrest

False Arrest Attorney

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Have you been a victim of false arrest? Speak with a false arrest attorney immediately about your rights. Contact Diwan Law, 404-635-6883, for a free consultation!

A false arrest can occur with or without police involvement. Many false arrest claims involve private security.

Retail stores, supermarkets, hotels, apartments, bars, and many other businesses and venues hire private security firms to monitor their premises. Unfortunately, security officers and law enforcement professionals sometimes overstep their authority and restrain people in a manner that violates a person’s civil rights.

A FALSE ARREST ATTORNEY CAN HELP PROTECT YOUR RIGHTS

What is False Arrest?

False arrest is the restraint or detention by one person of another without lawful justification for any length of time. It can occur any time one person restrains another against his or her will or takes another into custody without consent or without “probable cause.”

By definition, probable cause is the existence of such facts and circumstances as would lead one to the reasonable belief that a person has committed the crime for which he or she has been charged.

Lack of probable cause exists when the circumstances are such as to satisfy a reasonable person that the accuser had no ground for proceeding but his desire to injure the accused.

Civil Lawsuits for False Arrest

Right of civil action for false arrest exists if the arrest was made maliciously, under the process of law, and without probable cause.

One can institute a lawsuit for damages stemming from a false arrest. Damages can include such things as loss of salary or injury to reputation.

If you have been falsely arrested in Georgia, the Atlanta false arrest attorney at Diwan Law, LLC can help you receive compensation for physical harm, mental trauma, financial losses, and any other consequences of a false arrest.

Please contact the Georgia false arrest lawyer at Diwan Law, LLC to discuss your case. Your consultation is free.

GEORGIA USED CAR DEALER FRAUD ATTORNEY

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At Diwan Law, we take consumer rights violations very seriously and work with individuals throughout Atlanta and the surrounding communities who have been victims of used car dealer fraud.

Used Car Dealer Fraud

Buying a used car in Georgia can be a great and exhilarating experience, but it can quickly turn into a headache if it turns out that the car dealer acted fraudulently. Fortunately, state and federal laws protect consumers from dealerships that take advantage of their customers.

Car purchases and leases are complicated transactions with which most Atlanta consumers have little experience. They involve Georgia titling and registration laws, trade-ins, financing, leasing, insurance, options, and other fees. Car dealers are well-versed in these transactions and sometimes take advantage of consumers.

A surprising number of Georgia new and used car sales involve auto dealer fraud, deception, and unfair business practices.

Common Auto Dealer Scams 

Odometer Fraud: is a type of auto sales fraud that involves manipulating the odometer, so that it shows a number that is less than the actual mileage of the automobile.

“Yo-Yo Financing”: allowing a customer to leave the dealership with a vehicle under the mistaken belief that a loan application is approved and then having the consumer return to sign for a different, more expensive loan; and backdating new financing documents to the original purchase date.

Auto Fraud Involving Wrecked & Salvaged Autos: Used car dealers sell used cars that have been wrecked or salvaged without disclosing this to the buyer. If a car is in a wreck, even if it is adequately repaired, the automobile is worthless, and any equity the consumer had in the vehicle is gone.

“Bait and Switch” scheme: Advertising a vehicle for a specific amount and then telling consumers that the published deal is no longer being offered and offering to sell the consumer the same car at an increased price.

Most times, customers would not have purchased the vehicle had the used car dealer not made representations about the mileage or quality and condition. The used auto dealer’s failure to disclose the condition of the car is a direct violation of the Georgia Fair Business Practices Act.

If this happens to you, under Georgia and Federal laws, you may be entitled to recover damages and compensation from the used car dealer.

If you have been a victim of car dealer fraud or car repair fraud, Diwan Law may be able to help.

Contact an experienced Atlanta Used Car Dealer Fraud Attorney, 404-635-6883, to discuss your case.

Atlanta Attorney Chris Diwan | Diwan Law

Diwan Law Blog

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Diwan Law, LLC. is a full service law firm that is dedicated to providing exceptional and personalized legal service to our clients. Our goal as a firm is to always meet and exceed the expectations and needs of our clients.

Personal Background

As Diwan Law’s founder, Christopher J. Diwan has expertise in multiple areas of the law. He represents clients in cases involving personal injury, premises liability, collection and collection defense, criminal defense and other litigation.

Prior to going into private practice, Christopher served in several roles with one of the largest collection law firms in the nation, including assistant general counsel, legal compliance officer, and senior litigator. He began his law practice as an Assistant Solicitor in Gwinnett County, Georgia, where he gained valuable trial experience and extensive knowledge of all misdemeanor crimes, especially DUI.