Common Defenses to Cooling & Winter Credit Card Debt Lawsuits
Cooling and Winter is a Southeast regional debt collection law firm that is based in Atlanta, Georgia. This firm represents national banks, credit card issuers, lenders of student loans, debt buyers, and other financial institutions.
Why is Cooling and Winter contacting me?
If Cooling & Winter is contacting you, you likely owe a debt to a credit card company or a third-party debt collection agency.
What should I do if they file a lawsuit against me?
If Cooling and Winter serves you, you must respond to the lawsuit in a timely manner.
Cooling & Winter may obtain a default judgment if you do not answer the complaint.
Common defenses in Credit Card Debt Lawsuits
- Incorrect service of Summons and Complaint
If the creditor has not properly served, you must assert this in your initial reply in the lawsuit.
- Statute of Limitations
The time allowed for a creditor to bring a lawsuit against you is governed by Georgia law. The length of time is different depending on the type of case, and in breach of contract cases, it usually ranges from 4 to 6 years. The period usually begins at the time you last made an installment.
- Credit Card Accounts paid in part or in full
Payment is always a defense for the collection actions and is still a defense even if you have paid a third party.
It is also possible to assert this defense if you only paid a portion of what the creditor claims you owe. Creditors are not qualified to get a judgment over more than you owe.
If you have obtained a discharge under bankruptcy and the credit card debt was correctly listed on the schedules, you are not obligated to repay the discharged debt.
Can Cooling and Winter garnish my wages?
Armed with a valid court judgment, Cooling and Winter may be able to garnish your wages as well as accounts at banks.
What can I do to stop Cooling & Winters Bank or Wage Garnishment?
Contact Diwan Law right away if you are being garnished or sued by Cooling and Winter. We have the expertise and expertise to defend you in each part of your case.
Diwan Law will assert all valid defenses and make the necessary motions to stop the creditor from garnishing you.
If Cooling and Winter is suing you for any amount, contact Diwan Law, an experienced credit card defense lawyer, to discuss possible legal remedies. Call Diwan Law, 404-635-6883, to schedule a no-cost consultation.
GEORGIA FAIR BUSINESS PRACTICES ACT ATTORNEY
If you face a situation involving a consumer transaction and feel like the business is taking advantage of you or not treating you professionally, contact Diwan Law. Diwan law provides legal advice for all aspects of consumer law.
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CREDIT CARD OR OTHER DEBT COLLECTION LAWSUIT?
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Types of Cases
Diwan Law represents clients facing: Debt buyer lawsuits [i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry SPV I, LLC, Cavalry Portfolio Services, Unifund, etc.] and Credit Card lawsuits [Zwicker, Cooling and Winter, Cooling & Winter]