Consumer Debt Lawsuit Defense

Debt Collection Lawsuit Defense

Defense of debt collection actions against consumers in the Magistrate, State, and Superior Courts in
Georgia.

• Debt buyer debt collection lawsuit defense (i.e. Midland Funding, Portfolio Recovery Associates, Asset
  Acceptance, Cavalry Portfolio Services, Unifund, etc.)
• Original creditor debt collection lawsuit defense (i.e. American Express, Citibank, Suntrust, etc.)
• Defense of debt collection lawsuits arising from credit cards, automobile repossession deficiencies,
  apartment leases, and other contract-related matters
• Defense of dormant judgment revival
• Defense of garnishment actions on bank accounts or wages

Many people believe they have no defenses to debt collection lawsuits if they owed even a portion of the debt
being sought. There may be several defenses available to you. You have options.

Fair Debt Collection Practices Act (FDCPA)

The filing of Federal Court lawsuits or counterclaims in Magistrate, State, and Superior Courts of Georgia
against debt collectors for violations of the Fair Debt Collection Practices Act (FDCPA) including:

• Collection letters demanding payment for paid amounts, amounts to which they are not entitled
  (interest), incorrect amounts owed, false statements
• Communications:
  • Harassing or repetitive phone calls
  • Phone calls before 8:00 am or after 9:00 pm
  • Abusive, threatening or profane language
• Disclosure of debt to third parties

There are numerous other ways that debt collectors can violate the Fair Debt Collection Practices Act. It’s
up to you to hold them accountable for their actions. Debt collectors must abide by the FDCPA regardless of
whether or not you owe the debt!