Credit Card Debt Defense Attorney
If a credit card company serves you with a lawsuit, you need an experienced credit card lawsuit debt defense lawyer who knows how to fight these cases.
Credit card companies file lawsuits against consumers for various reasons, but the most common stems from unpaid credit card bills. Unfortunately, credit card companies are often aggressive, so consumers are intimidated and assume they can not fight the lawsuit. But, in most cases, customers with an experienced credit card lawsuit defense attorney will have a better outcome, such as winning their case outright or reaching a mutually agreed settlement with the credit card company.
Cases vary, so you must capitalize on the defense tactics that will maximize your chances for a good outcome in your specific case. Defenses include:
- The statute of limitations has expired
- Improper service of the summons & complaint
- Fraudulent credit card charges
- The debt has been sold, and the company suing you does not own your debt.
- You are a victim of identity theft.
Tag Archive for: credit card debt
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.
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.
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
No FDCPA Violation Exists If Offer Fails to Disclose Interest
The U. S. Court of Appeals for the Second Circuit held that a debt collector did not violate the FDCPA by sending the consumer a settlement offer letter that did not disclose that his balance could increase due to interest and fees.
In Cortez v. Forster & Garbus, LLP, a creditor placed a consumer’s credit card debt with a debt collector for collection. After obtaining a default judgment, the debt collector sent several collection notices to the consumer.
One such notice provided the consumer various settlement options to satisfy the debt at a “substantial discount off the current balance due.” But, the settlement letter did not disclose that interest was continuing to accrue on the debt.
The consumer filed an action against the collection agency accusing it of violating the Fair Debt Collections Practices Act’s [the “FDCPA”] prohibition against false, deceptive, or misleading representations when collecting a debt, 15 U.S.C. § 1692e, for failing to disclose that interest was accruing on the account.
The Court ruled that, though a debt collector is required to disclose that the balance may increase due to interest and fees, the rule did not apply in this case because the settlement proposal clearly stated that acceptance of one of the options would satisfy the debt, and could not mislead the consumer.
The Cortez decision may limit some potential FDCPA lawsuits, but it does not close the door on all FDCPA lawsuits related to settlement offers.
If you believe that an abusive debt collector, creditor, or credit card company has violated your consumer rights, then Diwan Law can help you. Contact us today at 404-635-6883 to speak to an Atlanta consumer rights attorney.
What is a Debt Collector?
What is a Debt Collector in Georgia?
A “debt collector,” as defined by the Fair Debt Collection Practices Act [“FDCPA”], is a person or a business that regularly collects debts owed to another. Still, this definition does not fully explain what a debt collector is.
Most first-party creditors [credit card company or bank] or lenders will try to collect debts themselves before resorting to writing it off. Typically, past-due accounts won’t be charged off until they’re 120 to 180 days late.
After a consumer defaults on a loan, the account is sent to a third-party debt collector or buyer [hereinafter referred to as “debt collector”]. The debt collector then attempts to collect on the debt, rather than the first-party creditor or lender to whom the debt is originally owed.
The collection agencies and attorneys who collect these debts as part of their regular course of business are considered debt collectors. Also included are businesses that buy past-due debts from creditors or other companies and then try to collect them.
The debt collection market is significant and affects many people. The Consumer Financial Protection Bureau [“CFPB”] states that around one-third of consumers with a credit bureau file reported contact from at least one debt collector.
The FDCPA is the main federal statute regulating the consumer debt collection market. The FDCPA prohibits debt collectors from engaging in certain types of behavior [such as misrepresentation or harassment] when seeking to collect debts from consumers and grants consumers the right to dispute or stop some communications about an alleged debt.
The Fair Debt Collection Practices Act covers personal, family, and household debts, including hospital bills, credit cards, and car loans.
If a debt collector is contacting you, you need to speak to a consumer’s rights lawyer.
Contact Diwan Law at 404-635-6883 for a free case evaluation.
