Articles

On June 1, 2015,  Channel 2 News aired a news segment by Clark Howard on the importance of standing up for yourself when faced with a debt collection lawsuit. DeWoskin Law Firm’s Jill Sheridan was featured on the story as a consumer who once faced a debt collection lawsuit by a debt buyer in Gwinnett […]

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 […]

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 […]

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, […]

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 […]

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.