Blog

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 […]

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 […]

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 […]

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 […]

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 […]