Cooling & Winter, LLC, Debt Collection Attorneys
What is Cooling & Winter, LLC?
Cooling and Winter is a southeast regional debt collection law firm based out of Atlanta, Georgia. The firm represents national banks, credit card issuers, student loan issuers, debt buyers, and financial institutions.
It is considered a debt collector under the Fair Debt Collection Practices Act. Under the FDCPA, a debt collector is a person or a company that regularly collects past-due debts owed to others.
Why is Cooling and Winter Contacting Me?
If Cooling and Winter is contacting you, you most likely owe a debt to either a credit card company or a debt collector.
These debt collection calls and letters are very stressful because they are attempting to collect a debt and are either threatening to sue, in the process of suing you, or have already sued you.
What to do if they file a lawsuit against me?
If Cooling and Winter serves you, you need to promptly respond to the credit card or debt buyer lawsuit.
If you do not respond to the summons, Cooling and Winter will obtain may obtain a default judgment.
Can Cooling and Winter Garnish my Wages?
If a debt buyer or creditor retains a law firm, they have every intention to collect on a debt.
Armed with the judgment, the creditor can garnish your wages and bank accounts.
How can I stop a Cooling and Winter Wage or Bank Garnishment?
If you are being sued or garnished by a debt collector, contact Diwan Law immediately.
We have the knowledge and experience to defend you in every aspect of your case.
Diwan Law will assert all viable defenses you may have, file the appropriate motions, and negotiate with the creditor to prevent the creditor from garnishing you.
Conclusion
If Cooling and Winter is suing you for any amount of money, contact Diwan Law, the credit card defense attorney, to discuss your legal options. Call Diwan Law, 404-635-6883, for a free consultation.
About Diwan Law
Diwan Law is dedicated to getting our clients the best result possible.
Diwan Law represents clients facing:
- Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.)
- Credit Card lawsuits
- Suits stemming from automobile repossession deficiencies, apartment leases, and other contract-related matters;
- Dormant judgment revival; and
- Garnishment actions on bank accounts or wages.
Diwan Law Handles Cases in:
Gwinnett County State Court; Dekalb County State Court; Cobb County State Court; Fulton County State Court; Henry County State Court; and most other state courts in Georgia.
Magistrate Court- Small Claims Cases
Magistrate Court And Small Claims Cases
In Georgia, magistrate court cases are small claims and are limited to cases in which the amount sought is $15,000 or less.
Claims in magistrate court are heard and decided by a magistrate judge without a jury.
Frequently, these cases relate to credit card debt or other small claims for money.
Just because a claim is brought in magistrate court does not change the burden of proof. The plaintiffs still have to prove their claim.
Common Types of Cases Handled in Small Claims Court
- Dispossessory [Evictions]
- A landlord not returning a security deposit
- Gym contract disputes
- Credit card lawsuits
- Overcharges for car repairs or faulty work
- Unlawful eviction notices
- Construction lawsuits
- Pet disputes
- Debt Collection Lawsuits
Do I Need a Lawyer for Small Claims Court?
Whether you need an attorney in magistrate court depends on your specific situation. Either way, you may want to consult a lawyer.
You may wish to have a consultation in which you discuss the facts and circumstances of the case with a neutral party. In this manner, you can get the lawyer’s opinion about the strength of your case. You may also learn about weaknesses in your case that you may not have considered.
A lawyer may advise whether or not you should pursue the action against the other party. They may discuss the problems with collecting on a judgment even if you do win. This can help you make a more informed decision about the likelihood of actually collecting on a judgment.
A lawyer may also be able to assist plaintiffs and counter-defendants with the preparation of evidence. They may describe the process involved in getting evidence admitted in court. They can also point out if some types of evidence may not be admissible.
When you should hire an attorney
- When the other party has a lawyer in small claims court
If you find out an attorney is representing the other party in a magistrate case and you aren’t, you probably need a lawyer, too.
After all, you don’t want the defendant having what seems like the unfair advantage of professional help.
- When facing a corporation or business in small claims court
If you are going against a corporation or business [such as a credit card company or a debt collector] in magistrate court, it’s prudent to hire a lawyer if possible.
Conclusion
If you are dealing with a claim in magistrate court, contact Diwan Law, the credit card defense attorney, to discuss your legal options. Call Diwan Law, 404-635-6883, for a free consultation today.
Diwan Law Handles Cases in:
Gwinnett County Magistrate Court; Dekalb County Magistrate Court; Cobb County Magistrate Court; Fulton County Magistrate Court; Henry County Magistrate Court; and most other magistrate courts in Georgia.
Portfolio Recovery Associates, Debt Collection
What is Portfolio Recovery Associates?
Portfolio Recovery Associates also know as PRA Portfolio Recovery or PRA is one of the largest debt collection companies in the world.
This collection agency specializes in buying old debt from companies and trying to collect on it. With most cases involving charged-off debt, they can buy it for extremely cheap.
Is Portfolio Recovery Associates a Scam?
Portfolio Recovery is a real collection agency.
Like other debt collectors, Portfolio Recovery often goes straight into litigation without first informing you that they are attempting to collect a debt. This is in an attempt to get you to pay your debt faster or face the repercussions.
Are you being sued by Portfolio Recovery?
If you are served with a summons from PRA, you need to respond quickly.
If you fail to respond to the lawsuit, Portfolio Recovery may be able to obtain a default judgment against you.
Armed with the default judgment, the debt collection company can garnish your wages and bank accounts.
Before accepting a PRA judgment, speak with a debt defense attorney. A collections defense lawyer will explain your rights and the legal process, such as how long you have to answer the lawsuit, the proven defenses, and the impact of a judgment.
Are you being harassed by Portfolio Recovery?
Under the Fair Debt Collection Practices Act [FDCPA], debt collection companies such as Portfolio Recovery Associates cannot take the following actions when attempting to collect a debt:
- Contact anybody who is not the main person that owes the debt;
- Threaten to refer to a lawyer, harm of credit, or wage or bank garnishment without the actual intent to act on the threat
- Contacting you at “unreasonable times,” such as before 8:00 AM or after 9:00 PM;
- Contacting your employer;
- Use profane or obscene language during calls;
- Sending collection letters that appear to be from a court or government agency;
- Threaten to arrest you if you do not pay the debt
Contact Diwan Law
We are experienced in debt collection law and have an established record of protecting consumer’s rights. No matter where you are in the collection process, you deserve to know your rights and what to expect. Give us a call at 404.635.6883.
Setting Aside a Default Judgment
If a creditor or debt collector has served you with a lawsuit and you do not file an answer within 45 days, you may be able to avoid a default judgment and have your day in court.
The following discussion summarizes Georgia’s policy of deciding cases based on the facts or “on the merits” rather than through default judgments.
Applicable Georgia Statutes
In Georgia, after service, the defendant typically has 30 days to respond to the complaint. If a defendant fails to file an answer within those 30 days, the case is deemed to be “in default.”
After those 30 days have passed, a defendant has an additional 15 days to automatically “open default,” without admitting to the plaintiff’s allegations, under O.C.G.A. § 9-11-55(a).
If a defendant still fails to respond after 45 days, then a defendant may still be able to “open default.” Along with paying court costs, filing an answer under oath, and stating a readiness to proceed to trial, the defendant must satisfy specific statutory requirements and preconditions under O.C.G.A. § 9-11-55(b):
“At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened [1] for providential cause preventing the filing of required pleadings or [2] for excusable neglect or [3] where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court.”
Case Law
Providential cause typically covers events over which a party or lawyer lacked control over, including the illness of a litigant, see Phillips v. Taber, 83 Ga. 565(1889), or his lead counsel, Printup v. Mitchell, 19 Ga. 586 (1856); the death of a party, see Dougherty v. Fogle, 48 Ga. 615 (1873); the absence of an attorney due to military service, see Dalton City Co. v. Dalton Mfg. Co., 33 Ga. 243 (1862); and acts of God, see Carhart v. Ross, 15 Ga. 186 (1854).
The term “excusable neglect” refers to a ‘reasonable excuse’ for failing to answer a complaint, which is different from willful disregard of the process of the court. Ga. Farm Bldgs., Inc. v. Willard, 170 Ga. App. 327, (1984).
The “proper” case ground allows the court to reach “out in every conceivable case where injustice might result if the default were not opened,” Axelroad v. Preston, 232 Ga. 836 (1974).
All three grounds require that the defendant’s failure to file a timely answer must not have resulted from willful or gross negligence. See Muscogee Realty Dev. Corp. v. Jefferson Co., 252 Ga. 400 (1984).
What does this mean for defendants?
Even after 45 days have elapsed since being served, litigants may be able to open default and proceed to the merits of the case.
So, if you did not timely respond to a complaint resulting from debt, you might still be able to avoid judgment.
About Diwan Law
Diwan Law is a law firm dedicated to vigorously representing our clients.
Diwan Law represents debt collection cases in the Magistrate, State, and Superior Courts of Georgia.
Diwan Law represents clients facing:
- Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.);
- Credit Card lawsuits (i.e. American Express, Citibank, Suntrust, etc.);
ATTORNEY VS. DEBT SETTLEMENT COMPANY
Suppose you are struggling to pay your debts. You may question whether you should hire a debt defense attorney or a debt settlement company to assist you in negotiating with the credit card company, debt collection attorney, or debt collector.
In almost all cases, it is best to avoid debt settlement companies.
Debt Settlement
Generally speaking, debt settlement means that a creditor has agreed to accept less than the amount you owe as full payment.
How Debt Settlement Companies Work
Debt settlement companies claim that they can negotiate with your creditors to settle your debts for pennies on the dollar.
If you are current on your credit card payments, they will tell you that the creditors will not negotiate the debt unless you stop making payments.
The settlement company will then tell the consumer to make these payments to them directly while they negotiate with the credit card company or debt collector.
These payments will go towards the debt settlement company’s monthly service fee, and the remainder will be set aside for future settlements of your debts.
The debt settlement company will only contact your creditors after you have enough—based on the company’s opinion—and offer each one a lump sum that is less than what you owe.
Why Settlement Companies Are Not the Best Solution
While debt settlement companies can certainly help you work out a payment plan with your creditors, they can also hurt you.
The main problem with debt settlement companies is that they often charge for their services upfront.
Here are the main downsides to using a debt settlement company:
Downside #1: Your Debt Continues to Increase
The debt relief company might not mention that the total amount you owe will increase once you stop making your payments, which will increase due to various added fees and interest charges.
Downside #2: The Credit Card Company or Debt Collector May Not Settle
The debt settlement company probably won’t tell you that your creditors don’t have to accept a lesser amount than it is owed to satisfy the debt or that many creditors will not agree to a settlement, if you are working with a debt settlement company.
Downside #3: Debt Settlement Fees Are Typically High
Going through a debt settlement company can be costly. These companies often charge a set-up fee, a monthly fee, and a percentage of each settled debt (say, 25%), and they might pay themselves before paying any of your creditors. Or, a debt relief company might disappear with your money.
Why are Debt Defense Lawyers better than Debt Settlement Companies?
Debt settlement lawyer has negotiation skills developed over years of experience dealing with creditors and extensive knowledge about debt collection laws.
A debt settlement attorney will discuss your options with you and decide if you should attempt to settle your debts or do something else, such as fighting the debt or filing for bankruptcy.
A debt defense attorney can represent you in court if you get sued by a credit card company or debt collector.
And, if a debt collector violates any consumer protection law, the consumer protection attorney can assert any claim you may have against the creditor.
Conclusion
Debt relief attorney services and debt settlement company services are both widely available in Georgia. However, an Atlanta debt relief attorney has a broad range of legal tools at their disposal.
Diwan Law works hard to provide positive results for its clients dealing with debt collection issues.
If you are dealing with debt collection issues, you need an experienced collection lawyer. Contact Diwan Law today at 404-635-6883.
A Guide to Consumer Fraud in Georgia
As a consumer in Georgia, you have the legal right to truthful information about products and services you purchase or wish to purchase. When we make a purchase, we need to be able to trust the merchant is being truthful. But, when a business sells you something fraudulently, they need to be held accountable. Consumer Fraud is often related to false promises or inaccurate claims made to consumers, as well as business practices that directly cheat consumers out of their money.
What is Consumer Fraud?
It is a practice designed to deceive consumers into purchasing a product or service.
Under the Georgia Fraud Statute [O.C.G.A § 51-6-2], fraud is defined as a willful misrepresentation of a material fact that is made to induce another to act, upon which such person acts to his injury.
Keep in mind that knowledge of the falsehood is an essential element of this tort.
But, a fraudulent or reckless representation of facts as true when they are not, is the same as knowledge of their falsehood.
Examples of Consumer Fraud
- Shop at home and catalog sales
- Foreign money and counterfeit check scams
- Banks, lenders, and mortgage fees
- Business opportunities and work from home
- Advance fee loans and credit protection repair
- Travel, Vacation, and Timeshare Plans
- Credit Card Fraud
- Life insurance plans
- Car Dealership Fraud
- Car Repair Fraud
- Telephone and computer services
What are the signs of consumer fraud?
- Unreliable and misleading information;
- False or misleading promises;
- Unethical, deceitful, or aggressive sales tactics;
- Promises that cannot be kept;
- Unsatisfactory products or services;
- Lies or misrepresentations made to consumers;
- Unusually high prices charged for services;
- Unlicensed, unregistered, unsanctioned or unapproved products or services;
- Illegal activity (unauthorized use, false advertising, tax evasion, unauthorized use of trade secrets, etc.);
- Illegal or abusive business practices.
How does Diwan Law help people who have been a victim of consumer fraud?
For Individuals, Diwan Law is a firm uniquely positioned to help clients at all stages of the consumer fraud investigation, litigation, and resolution process.
We focus our attention on those who have been defrauded, their families, and loved ones. We encourage consumers to contact us immediately and seek legal recourse to help them restore their financial health.
Conclusion
If you believe that you have been a victim of consumer fraud, it is essential to hire a Consumer Fraud Lawyer who can handle your case from beginning to end.
If you have experienced any of the following, then you may have a consumer fraud claim:
- Being lied to about the condition of a car or any other item before purchasing it;
- Improperly billed for a product or service;
- A merchant offering one product but deliver another [“bait and switch”];
- Being sold an item as new, and later learned that this item was actually used;
- Being lied to about the source of a product;
- Being lied to about the certifications of a service provider;
- A merchant offering a defective product;
- Being lied to about the uses of a product.
Diwan Law is a consumer protection law firm with a reputation for excellence in handling fraud cases, both large and small. Contact the Georgia consumer attorneys of Diwan Law today at 404-635-6883 schedule your initial consultation with one of our experienced attorneys.
Few Consumers in Debt Lawsuits Have a Lawyer
Why do so few consumers in debt collection lawsuits have a debt defense lawyer?
Unfortunately, the main reason is that many consumers choose to ignore the lawsuit because they do not think that they can succeed against the credit card company or debt collector.
Sadly, if a defendant does not participate in the litigation, the creditor wins the case by default.
But, multiple studies have found that consumers who did have a debt defense lawyer in a debt claim were more likely than those without representation to win their cases or reach a settlement.
Debt Collection Lawsuits
Many people think that creditors prefer to avoid lawsuits because it requires them to pay lawyers and incur litigation costs. This is not true.
Creditors routinely file lawsuits against consumers based on allegations of unreported and missed payments, overdue fees, or charges not authorized by the consumer.
If a defendant fails to respond to the court summons or does not appear in court, the judge may rule in the plaintiff’s favor and issue a default judgment that may result in a monetary award against the defendant.
Default Judgments Can Exact Heavy Tolls On Consumers
Debt collection lawsuits that end in default judgments can have lasting consequences for consumers’ economic stability.
Besides the principal amount, the court may also award court and lawyer’s fees to the plaintiff, which can amount to thousands of dollars.
Once a creditor has a monetary judgment, it can garnish the consumer’s bank account and wages.
Post Judgment Interest
Once the monetary judgment is entered, post-judgment interest starts to accrue.
Post-Judgment Interest is interest on a court judgment that a creditor can collect from the time the judgment is entered in the court clerk’s record until it is satisfied.
Consumers who find themselves paying post-judgment interest on default judgments can face an even deeper cycle of debt.
Why Should You Hire a Collection Defense Lawyer?
A debt collection defense attorney plays an integral role in court proceedings.
A collections defense attorney will assert all viable defenses, file the appropriate motions, and negotiate with creditors.
In the majority of cases, customers with an experienced collection defense lawyer will have a better outcome, such as winning their case.
Conclusion
If a creditor is suing you for any amount of money, contact Diwan Law, the credit card defense attorney, to discuss your legal options. Call Diwan Law, 404-635-6883, for a free consultation.
About Diwan Law
Diwan Law is passionate about getting our clients the best result possible.
Diwan Law handles debt collection cases in the Magistrate, State, and Superior Courts of Georgia.
Diwan Law represents clients facing:
- Debt buyer lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.);
- Credit Card lawsuits (i.e. American Express, Citibank, Suntrust, etc.);
- Suits stemming from automobile repossession deficiencies, apartment leases, and other contract-related matters;
- Dormant judgment revival; and
- Garnishment actions on bank accounts or wages.
What is Zombie Debt?
Once a certain amount of time has elapsed, a debt collector, credit card company, or creditor can no longer file suit against you to collect on the debt, but you still have to worry about a collector trying to collect this zombie debt.
What is a Zombie Debt?
Zombie debt is old debt that is usually charged off as bad debt by the original creditor and later sold to a collection agency.
In many cases, zombie debt is legally unenforceable, meaning that, unlike your current creditors, zombie debt collectors cannot sue you to collect the debt.
But, there is no law against trying to collect the debt, and many consumers end up paying the debt.
How zombie debt works
Debt collectors cannot take you to court for zombie debts, but they may contact you to collect the debt.
The cost to buy expired debt is often low, so when consumers agree to repay their old debts, zombie-debt collectors can earn decent profits.
Debts that zombie-debt collectors try to collect
If you completed a Chapter 7 bankruptcy, your unsecured debts may be discharged, which means you are no longer obligated to pay these debts.
- Time-barred debt
Except for federal student loans, most debts have a statute of limitations. This means after a certain amount of time has passed, a debt collector can no longer sue you to collect on the debt.
The statute of limitations on debt in Georgia usually ranges from four to six years.
- Debt that is not yours
A debt collector mixes you up with another consumer, or someone could steal your identity and make fraudulent charges in your name.
Even though it is not your debt, the debt collector will try to collect from you.
How to protect yourself from zombie debt collectors
If a zombie debt collector continues to call you even though your debt is time-barred or the debt is not yours, consider taking one of the following approaches.
- Tell the debt collector to stop contacting you
Under the Fair Debt Collection Practices Act [the “FDCPA”], you have the right to tell a debt collector not to contact you.
If a zombie-debt collector violates the FDCPA by harassing or threatening to sue you, contact a consumer rights attorney immediately.
- Ask the zombie debt collector to validate the debt
If you are unsure whether a debt belongs to you, contact the creditor and ask for a validation notice. This notice should contain the amount of the debt, who the original creditor is, and when the debt was incurred. Compare this to your records.
If the debt is not yours or the amount is incorrect, send a dispute letter to the creditor and contact a consumer’s rights lawyer.
Contact an Atlanta Debt Defense Lawyer
A debt collection defense attorney has experience standing up against debt collection agencies. They can provide you with the legal representation you need when dealing with any debt collection issue.
The bottom line
If a debt collector contacts you about a debt that has expired, has already been paid off, or does not belong to you, you are not legally responsible for repaying it.
If you are dealing with any debt collection legal matter in Atlanta, GA, call the skilled consumer rights lawyer at Diwan Law, LLC. Call 404-635-6883 to schedule an initial consultation today.
Diwan Law is qualified to handle debt collection matters involving the following types of debt (not an exhaustive list):
- Credit Card Debt
- Department Store / Retail Debt
- Car, Truck, Vehicle, Auto Loans
- Boat and other Recreational Vehicle Loans
- Home Loans
- Personal Loans
