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Debt Collection Defense

Jul
13

Dismissal with prejudice vs. Dismissal without prejudice

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

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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 […]

Jul
13

How do I know if the amount demanded by the debt collector or debt buyer is accurate?

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

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Debt buyers file lawsuits demanding amounts that may not be familiar to you.  It is important that you know down to the penny how they calculated that amount and whether or not they are illegally collection interest or fees they are not entitled to collect.    One of the most important questions a person can ask […]

Jul
13

Why Should I Refuse To Give My Personal Information to a Debt Collector?

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

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When speaking with a debt collector on the phone, DON’T be your own worst enemy! Debt Collectors and their attorneys can often get some of the most useful and destructive information from the consumer himself or herself.   Debt Collectors are trained in how to get personal information, such as dates of birth, social security […]

May
28

Garnishments: An ounce of prevention worth a pound of the cure

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

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Recently, more and more calls are coming into my office concerning garnishments and people wanting to contest them.   A garnishment is a court proceeding in which a judgment-holder attempts to seize money from someone’s bank account, paycheck, or other property interest to satisfy a debt that the court has determined is owed.  These are mostly […]

May
02

Nightline: Woman Fights to Collect $10 million Judgment from Abusive Debt Collectors FDCPA Violations

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

Tags: FDCPA

On April 25, 2012, Nightline aired a segment, “Woman Fights to Collect from Collectors”  [View Nightline Episode Here] in which a woman won a $10,086,000 judgment against abusive debt collector “RFA” for harassment and violations of the Fair Debt Collection Practices Act (FDCPA).  RFA is an outfit run by Asset & Capital Managent Group ACM Group in Tustin California.  The woman details […]

Mar
16

Free Debt Collection Consumer Education Clinic

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

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FREE Debt Collection Consumer Education Clinic! Volunteer attorneys educating the public about debt collection lawsuits May 29, 2012 June 12 & 26, 2012 July 10 & 24, 2012 August 7 & 21, 2012 5:30-7:00 pm Decatur Branch of the DeKalb County Library. 215 Sycamore Street,Decatur, Georgia 30030 Are you struggling with debt?  If you have been sued […]

Mar
12

It’s More Profitable to Violate Debt Collection Laws

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

Tags: Debt collection, FDCPA, midland, violations

It is refreshing when debt collectors are held liable for their violations of consumer debt protection laws, but these consequences are often not enough to deter big debt collection companies from breaking the law to see bigger profits.  It is not everyday that debt collectors who engage in unlawful activity are held accountable for their […]

Feb
02

Statute of Limitations – Avoid the Trap with Time-Barred Debts

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

Tags: asset acceptance, Debt collection, FDCPA, georgia, statute of limitations, time barred, zombie debt

Just Because the Statute of Limitations has passed on debt it doesnt mean debt collectors will stop trying to get you to pay! Time-barred debts also known as Zombie Debt are debts for which the statute of limitations has passed.  What this means is that a lawsuit cannot legally be filed against you if the […]

Jan
22

Debt Collector Portfolio Recovery Associates Named in top 10 Call Spammers of 2011

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

Tags: debt collector, FDCPA, Harrassment, Junk Debt Buyer, Portfolio recovery associates, robo calls, tcpa

Portfolio Recovery Associates was named one of the top ten most aggressive call spammers of 2011 according to a December 2011 article by White Pages.   Portfolio Recovery Associates is a junk debt buyer who calls, mails, and sues consumers across the country usually for charged-off or old credit card debts.  According to the article, the numbers most frequently associated […]

Dec
16

Consumer Debt Collection Resources

Posted by Dan Dewoskin in Debt Collection Defense, Personal Injury Blog

Tags: Debt collection, FDCPA, FTC

Become an Informed Consumer, Debt Collectors hate it…. Debt collectors hate informed consumers – they are the ones that can document violations and hold them accountable for their actions.  Unfortunately, the vast majority of consumers are not aware of the consumer laws in place to protect them and aren’t able to recognize those violations being […]

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