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Articles

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

Dismissal with prejudice vs. Dismissal without prejudice

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

Tags: No Tags

Whats the difference between a dismissal with prejudice and a dismissal without prejudice?   Depending on the circumstances and the specific details of the case at hand, there is a big difference between  a dismissal without prejudice and a dismissal with prejudice.  A dismissal without prejudice, sometimes referred to as a DWOP, means that the […]

Dec
05

Are you Saving those Dunning letters from Debt Collectors? You Should Be!

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

Tags: consumer, debt collectors, dunning letters, FDCPA

The Importance of Saving Dunning Letters from Debt Collectors A “dunning” letter is simply a payment demand letter from a debt collector. These letters simply bring about a feeling of anxiety and a concern about credit, lawsuits, or even more severe consequences depending on how vicious and unlawful the debt collector’s practices may be.  Naturally, […]

Jul
29

Officials Raid Collection Agency, Arrest Three

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

Tags: No Tags

Officials Raid Collection Agency, Arrest Three. There are people in this world who seek nothing more than to steal what is yours and make it there own.  They are unscrupulous and resourceful. I can often be heard discussing how debt collectors and debt buyers violate federal and state law.  I can also be heard saying […]

Jul
24

The Basics of a Third Party Junk Debt Collection Lawsuit

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

Tags: asset acceptance, Calvary portfolio, Debt collection, FDCPA, gemini capital, junk debt, midland funding, Portfolio recovery associates

3rd Party Junk Debt Collection Lawsuits are filed by the thousands against consumers, clog the courts and are often filed by Midland Funding, LVNV, Gemini Capital, Portfolio Recovery and many more with little more no documentation of the underlying debt.

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