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Debt Collection Defense Attorney

What is a Debt Collection Defense Attorney?

A debt collection defense attorney is the lawyer you turn to when your credit card company or a debt collector files a lawsuit against you for an unpaid balance.

While many people believe that they have to pay every penny claimed by the debt collector, thousands of lawsuits are successfully concluded, with the consumer paying little to nothing.

Our debt Atlanta defense collection lawyer will be your advocate, protecting your rights.

How a Debt Collection Defense Attorney Can Help

A debt collection defense attorney will defend you from the adverse effects of a credit card company or debt collector filing a lawsuit. Diwan Law is well versed in collection litigation and has the necessary knowledge and experience to stand by you in the fight against credit card companies or debt collectors.

Many people have no idea about the legal implications of dealing with debt collection companies because they are not educated about their rights. A lawsuit can easily cost you thousands of dollars, and if you are unaware of all your legal rights, you could lose thousands more in the end. This is why a debt collection defense attorney is essential.

Diwan Law will assert all viable defenses you may have, file the appropriate motions, and negotiate with the creditor.

What to Expect from a Debt Collection Defense Lawyer

Diwan Law works with people facing trouble with their credit card companies and other creditors. Diwan Law will provide advice about your rights and the law when dealing with a debt collection lawsuit.

Conclusion

Diwan Law is dedicated to representing consumers’ rights and works hard to get our clients the best result possible.

Diwan Law handles the defense of debt collection actions against consumers in the Magistrate, State, and Superior Courts of Georgia.

Diwan Law represents clients facing:

  • Debt buyer debt collection lawsuits (i.e. Midland Funding, Portfolio Recovery Associates, Asset Acceptance, Cavalry Portfolio Services, Unifund, etc.);
  • Original creditor debt collection lawsuits (i.e. American Express, Citibank, Suntrust, etc.);
  • Debt collection lawsuits arising from credit cards, automobile repossession deficiencies, apartment leases, and other contract-related matters;
  • Dormant judgment revival; and
  • Garnishment actions on bank accounts or wages.

Contact Diwan Law at 404-635-6883 for a free case evaluation.

Garnishment Lawyer: Wage Garnishment or Continuing Garnishment

Garnishment Lawyer: Wage Garnishment

As an experienced wage garnishment lawyer, 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.

The garnishee in a wage garnishment is usually an employer.

Note: Recent changes to the garnishment statute allow creditors to file continuing garnishments against not only a judgment debtor’s employer, but also against a person or entity “under periodic obligations for payment” to the judgment debtor/defendant. This expands the garnishee target list for collection to better fit the current “gig” economy.

Once served with the garnishment action, the garnishee must retain a portion of the employee’s earnings each paycheck to satisfy the garnishment.

Under Georgia law, a garnishee can only withhold up to twenty-five percent of the employee’s disposable earnings for that week.

Until recently, wage garnishment actions had a relatively short shelf life in that garnishees were only obligated to withhold the earnings from each of the employee’s paychecks for a total period of 179 days [roughly 6 months]. A recent amendment to the garnishment statute expanded that time period to 1,095 days (3 years).

Wage Garnishment Defenses

Both federal and Georgia laws govern garnishment actions and protect consumers from excessive withholdings.

An experienced wage garnishment defense attorney can assert several defenses on behalf of a customer. The most common defenses are:

  • The judgment has expired;
  • Federal and Georgia law exempts the funds from wage garnishment;
  • The judgment was satisfied [paid];
  • The consumer filed for chapter 7 or chapter 13 bankruptcy;
  • The plaintiff failed to follow proper procedure in the garnishment action.

Diwan law can guide your case through the garnishment process and be your lawyer to stop the garnishment.

Contact Diwan Law, your wage garnishment lawyer, at 404.635.6883 to discuss your case today.