Why Should You Hire a Credit Card Debt Defense Lawyer?
A Credit Card Debt 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.
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.
Tag Archive for: credit card debt defense
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.
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 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.
Common Violations of the Fair Debt Collection Practices Act
Are you being harassed by debt collectors? Contact Diwan Law today at 404-635-6883 to schedule a free consultation to discuss how the Fair Debt Collection Practices Act [FDCPA] can help you.
When you fall behind on your debts, it seems like your creditors will stop at nothing to try to get you to make a payment. Fortunately, Federal law prohibits a wide range of unfair and abusive debt collection activities.
The Fair Debt Collection Practices Act [FDCPA)] protects consumers from harassment and abusive behavior by debt collectors and collection law firms.
If a debt collector violates the FDCPA, consumers may pursue a lawsuit against the collector. If successful, the consumer is entitled to monetary damages, and the debt collector or collection law firm will also be responsible for the customer’s legal fees.
Typical Violations of the FDCPA:
- Harassment;
- Verbal abuse;
- Continuing to call a consumer after the customer has told the debt collector to stop;
- Writing or calling the consumer after being notified that a lawyer represents the customer;
- Threatening to report the consumer to the IRS;
- Threatening to have the consumer arrested if he or she does not pay the debt collector;
- Threatening to file a lawsuit against the consumer when none is intended;
- Calling a consumer’s cell phone without permission;
- Placing personal information on an envelope;
- Misrepresenting or inflating the amount of the debt;
- Failing to disclose that the company is a debt collector;
- Contacting a consumer after 9 pm or before 8 am;
- Threatening to take legal action, or sue, on a time-barred or “stale” debt.
If you believe a debt collector has violated the FDCPA, you may be able to take legal action and recover monetary damages. Contact Diwan Law at 404-635-6883 for a free case evaluation.
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.
