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It’s easy to get a criminal record in Georgia.  Unfortunately, it is far easier than most of us would like to think.  Many people are charged with a variety of offenses, from minor misdemeanors to serious felonies, and, due to decisions to delay hiring qualified counsel or perhaps even due to poor representation, they make […]

What is the legal limit in Georgia for a DUI? In Georgia, it is generally illegal for a person to operate or be in control of a motor vehicle when a person’s blood alcohol concentration (BAC) is 0.08 grams or more by weight of alcohol at any time within three hours after driving. Notice above […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]