Garnishment Lawyer: Wage Garnishment or Continuing Garnishment
As an experienced continuing garnishment attorney, 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
Tag Archive for: continuing garnishment
Are you being sued by Midland Credit Management?
Are you being sued by Midland Credit Management or Midland Funding?
Midland Credit Management (MCM) and Midland Funding lawsuits can be intimidating and financially devastating. You need a Debt Collection Defense Attorney, Diwan Law, on your side.
What is Midland Credit Management and Midland Funding?
Midland Credit Management (MCM) and Midland Funding lawsuits can be intimidating and financially devastating. You need a Debt Collection Defense Attorney, Diwan Law, on your side.
Midland Credit Management and Midland Funding are debt collection agencies. Debt collectors buy delinquent accounts from banks, credit unions, consumer finance companies, hospitals, auto finance companies, and telecommunication companies.
When a person falls behind on credit card or car payments, he or she will receive a non-stop string of calls and letters from debt collectors, such as Midland Credit Management or Midland Funding.
If you ignore those calls and letters long enough, the debt collector will hire a lawyer who will send you an attorney collection letter.
A debt collection attorney’s collection letter is the last step before the collection agency files a lawsuit against an individual.
Many people think debt buyers, like Midland Credit Management and Midland Funding, prefer to avoid lawsuits because it requires them to pay lawyers and incur litigation costs. This is not true. If this were true, credit card lawsuits would be far less common than is the case.
What to do if you are being sued by Midland Credit Management or Midland Funding
You need to respond quickly when a debt collection company serves you with a lawsuit. The worst response is to do nothing. If you do not respond to the lawsuit, the debt collector may get a default judgment against you. Besides obtaining a judgment for the principal, the debt collector may be awarded attorney’s fees for the collection of the judgment.
Armed with the default judgment, the debt collection company can garnish your wages and bank accounts. What’s worse is that the judgment continues to accrue interest as the balance remains unpaid.
Before accepting a judgment against you, speak with a Debt Defense Lawyer
A collections defense attorney 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.
Contact Diwan Law
Our law firm is experienced in debt collection law and has an established record of protecting consumer’s rights and explaining your options to you when a company like Midland Funding or Midland Credit Management sues you. 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.
Consumer Rights Attorney: Violations of the FDCPA
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.
