Cooling and Winter, LLC – Stop Wage Garnishment and Lawsuits

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If you have received a letter or legal documents from Cooling and Winter, LLC, you may not understand the legal jargon within, or if you do, you may be worried about your financial future. Receiving documentation from this law firm may mean that they have filed a lawsuit against you, and that they want to take further legal action, such as garnishing your wages. It is important that you respond to the lawsuit right away, so you can defend yourself and avoid legal action. A Fort Lauderdale debt defense lawyer can prepare the defense that will give you the best chance of a positive outcome.

Cooling and Winter, LLC Represents Creditors

Cooling and Winter, LLC, is a law firm that is located in Marietta, Georgia. The law firm represents creditors such as Bank of America and Capital One, so if you have a debt with either of these institutions, or any other, and it is in default, there is a good chance Cooling and Winter, LLC will be the law firm to contact you. While Cooling and Winter, LLC does represent some of the biggest financial institutions in the country, they also represent debt collection companies and companies that purchase defaulted student loans.

Companies that retain Cooling and Winter, LLC as their legal representation have typically tried to recover the debt from borrowers on their own without success. As such, even if you have not heard from the law firm yet, but you do have unpaid credit card debt or a student loan that has fallen into default, it is important to know that you may hear from Cooling and Winter, LLC at some point in the future.

Cooling and Winter, LLC May Try to Garnish Your Wages

As a borrower, it is important to understand that after a credit card company or student loan lender hires a law firm such as Cooling and Winter, LLC, they are trying to obtain a court order to collect on that debt. Once they Cooling and Winter, LLC, the law firm will take the necessary steps to petition the court to garnish your wages or your bank account.

If they are successful with trying to garnish your wages, your employer will legally have to take up to 25 percent of your wages off of every paycheck. The wages they garnish will go towards the amount of debt you owe and the company will continue to garnish your wages until the debt is completely paid off. If the company is successful with their case and they are able to garnish your bank account, they can take whatever is owed to them directly from that account.

Why is Cooling and Winter, LLC Calling You?

There are a number of reasons why Cooling and Winter, LLC may be calling you. However, if they are phoning or sending you letters, you may face legal action at some point in the future. If the law firm is calling, they are likely preparing to sue you, are in the process of suing you, or have already filed their lawsuit and obtained a successful outcome.

You may think Cooling and Winter’s attempt to contact you constitutes harassment because they are calling so often. If you feel as though the law firm is harassing you, it is also natural to wonder if you can take action against them. The answer to that question remains unclear. The debt collectors that Cooling and Winter, LLC represents are required to comply with the Fair Debt Collection Practices Act (FDCPA). This piece of federal legislation prohibits debt collectors from calling at certain times, contacting you several times a day, and other unfair debt collection practices.

However, the FDCPA largely only pertains to debt collectors. Prior to 1986, the Act included a statutory exemption for attorneys, meaning there was no question that the law did not apply to lawyers and law firms. In 1986 though, the law was amended to remove that statutory exclusion. Since that time, many lawyers have become the target of lawsuits that cite violations of the FDCPA.

Some courts have allowed these lawsuits to proceed while others have thrown them out, claiming that lawyers are not debt collectors and so, not subject to the FDCPA. If you feel as though Cooling and Winter, LLC is harassing you, it is important to speak to a Fort Lauderdale debt defense lawyer who can advise on your case.

Respond to Any Lawsuit Filed By Cooling and Winter

Many times when Cooling and Winter, LLC files a lawsuit against a borrower, the debtor ignores it and does not appear in court. This is the easiest way for Cooling and Winter, LLC to win their case. If you do not respond to the lawsuit and do not appear in court, the law firm will ask the judge for a default judgment in their favor, which the court will likely grant. Then, the law firm will pursue the wage garnishment and there will be little you can do about it.

A Fort Lauderdale debt defense lawyer can prepare a defense that will give you a good chance at winning your lawsuit. There are several defenses in these cases, such as if the statute of limitations expired or the debt collector Cooling and Winter is representing cannot prove that they own the debt. In some cases, a lawyer may also negotiate a payment plan with Cooling and Winter, LLC. This can stop the wage garnishment while allowing you to repay the debt in a manner that is more affordable for you.

Call Our Fort Lauderdale Debt Defense Attorney Today

If you have been contacted by Cooling and Winter, LLC, it is important to speak to our Fort Lauderdale debt defense lawyer today. At Loan Lawyers, our skilled attorney will review the facts of your case to determine the best defense, or negotiate with the law firm on your behalf to give you the best chance of avoiding wage garnishment and other negative legal actions. Call us today at (954) 523-4357 or fill out our online form to schedule a free case review.