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Oct
01

What is the “eye test” officers do during a DUI traffic stop?

Posted by Dan Dewoskin in Uncategorized

Tags: No Tags

The HGN is an abbreviation for “Horizontal Gaze Nystagmus Test.” HGN is one of several tests, referred to as Standard Field Sobriety Tests (“SFSTs”) that officers perform on an individual that they believe is driving while impaired on alcohol or drugs. Of the several SFSTs that some officers are trained to conduct, you may be […]

Jun
08

Three Steps to Addressing an American Express or Bank of America Credit Card Lawsuit

Posted by Dan Dewoskin in Blog, Debt Collection Defense

Tags: American Express, Bank of America, Cooling & Winter, Zwicker

After the date of charge off, American Express and Bank of America will usually file suit if collection efforts have failed to resolve the matter.  Once these companies file suit, there are three very important steps to protect yourself as a consumer from suffering far more significant damage. FIRST: Immediately upon being served, consider hiring […]

May
23

Are American Express Lawsuits Able to Be Defended?

Posted by Dan Dewoskin in Debt Collection Defense

Tags: No Tags

Yes.  Without question, there are defenses to these lawsuits.  Unlike many other debt collectors who file thousands and thousands of lawsuits across the country, American Express is a first party debt collector.  They are not a debt buyer and often file suits to collect upon their own accounts that have become delinquent.  Just like with debt buyers, they retain counsel, such […]

Jul
10

U.S. Vows to Battle Abusive Debt Collectors – NYTimes.com

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: No Tags

U.S. Vows to Battle Abusive Debt Collectors – NYTimes.com. It’s about time for regulators to take more notice of these issues.  Many debt collectors, and first party lenders, have engaged in fraudulent and abusive practices with little to no oversight or accountability.  I am skeptical about what impact the Federal Trade Commission and other regulators […]

Mar
18

4 Questions that may begin and end every debt collection phone call

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: No Tags

In the consumer work that I do, I repeatedly hear about abuses that people are subjected to by debt collectors without any respect for the rule of law and without any sense of common decency.  I am frequently asked by clients, friends, colleagues, and others what are some of the ways that people can protect […]

Sep
20

Garnishments and Traverses

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: garnishment, judgment, traverse

A garnishment is a collection action that takes place once a party to a lawsuit has a judgment against a defendant.  This means that there was already a case and it was already lost.   People cannot be garnished just because someone says they owe money.  It is only after there is a judgment that a […]

Sep
20

Can I go to jail for not paying a debt in Georgia?

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: debtors prison, jail

Debtor’s Prisons and “Attachment Bonds” In Georgia, you will not go to prison or be held criminally liable for owing money. This is true provided that the debt is not the result of some criminal scheme or owed as restitution for injuries or damages caused by a crime for which you are convicted. This means […]

Sep
19

Debt Collection Default Judgments in Georgia

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: Debt collection, default judgments, georgia, lawsuit

Default Judgments  A default judgment is what a plaintiff can get when a defendant is validly served with the lawsuit under the law, but fails to timely file an answer.  An answer to the lawsuit must be filed within 30 days of service (there is one exception to this:  when a lawsuit is filed and discovery is […]

Aug
11

Volunteer Attorneys Give Free Debt Collection Consumer Education Clinics in Decatur, Georgia

Posted by Dan Dewoskin in Articles, Blog, Debt Collection Defense

Tags: consumer education, Debt collection, decatur, free, georgia

Recently covered in the Daily Report, “Clinic helps public fight off debt collections“, the Consumer Education clinic on Debt Collection sponsored by the DeKalb Volunteer Lawyers Foundation has proven to be quite a success.  Since March 2012, volunteer lawyers have held the debt collection clinic numerous times. The next clinic is scheduled for Tuesday, October 23, 2012 […]

Jul
13

Why EVERY Georgia Driver Should Have a Copy of their Insurance Policy

Posted by Dan Dewoskin in Auto Accident, Blog, Personal Injury

Tags: No Tags

It should come as no surprise that Georgia requires that motor vehicles be insured in the event of accident or injury.  The minimum policy requirements for any policy issued in the State of Georgia demand that there is coverage for liability in the amount of at least “$25,000 for bodily injury or death to one […]

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