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Daniel Eliot DeWoskin

Daniel DeWoskin’s Answers

28 total

  • I am being sued for debt, how can I settle out of court to avoid paying for court cost and other fees?

    I received a complaint for my debt and need to answer. Is it best to answer or can I settle out of court. The complaint came with information regarding my debt such as: who bought the debt, and the credit imforation but only how much debt is owed ...

    Daniel’s Answer

    You have many options. The most important thing is that you not let 30 days pass without filing an Answer to the lawsuit. You can file a general denial stating that you do not have enough information at this time. You also can try to hire counsel or at least speak with some attorneys to see if they may be able to help you. Whether you would be responsible for court costs or attorneys fees is all based upon the type of debt for which you are being sued and the quality of the proof that the plaintiff has in the case. If you cannot hire counsel or choose not to do so, you can contact the attorney for the plaintiff on your own to try to discuss settlement. This is not optimal and they may very well be recording the call, so I would caution you against making any admissions. A lot of the options you have may only make sense if you are being sued for an amount of money that makes it worth taking certain measures. I would also caution you about acting too quickly to settle a case for which there may be very little proof of the debt.

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  • Do I Need A Criminal Defense Lawyer?

    I am the victim of a crime for a aggravated assault charge, due to strangulation. I called the police but it was only to get my things out the home, and my cell phone. I didn't press charges, and I do not want to testify. I've talked to one DA fo...

    Daniel’s Answer

    Having a lawyer is likely beneficial in this situation because you would have the opportunity to have someone attend any of these meetings with prosecutors to ensure that if there is something that you should not say, such as something that might incriminate you in any sort of wrongdoing, that you would be advised against making such a statement. The presence of an attorney would also likely discourage the sort of intimidation that you seem to suggest has been coming your way from prosecutors.

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  • Can i be sued for CC debt of 22000 while living in Brazil? can they get a judgment if i am a permanent resident here in Brazil?

    I am being sued by Navy federal over 22000 dollars that i accrued when i lost my job and had no other way to pay my bills. I have no money and have no US passport anymore as i was mugged and it was taken. I feel helpless and am worried that if t...

    Daniel’s Answer

    You should be cautious about how quickly you are to admit or deny how much you may owe to the party suing you. Depending on what documentation is available, the collecting party may not be able to establish the indebtedness. Keep in mind that the party suing you has the burden of proof. Furthermore, it is vital that you not bury your head in the sand on these matters, as this can often result in a negative outcome and make it more difficult or impossible to fight the case. Although I certainly understand the feelings of anxiety and helplessness, you will not be arrested simply for owing money to someone under Georgia law. Depending on the circumstances, you may also want to consult with a qualified bankruptcy attorney.

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  • I was hut in a car wreck in another persons car that they have me as the driver am i intitled to pain and suffering

    I dont know if i was driving or not

    Daniel’s Answer

    It is difficult to answer this question given the limited amount of information. If another party or driver was at fault, you might be able to recover for your injuries. Depending on whether or not you were at fault for the collision and depending on what insurance coverage is available, you may be able to recover damages for your injuries. There are many variables in this process and it would likely be best that you speak with qualified counsel to determine the best approach.

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  • What recourse does a collection agency have on a debt that has been sold several times? I know the debt is valid.

    The issue I am having is can a collection agency refuse to accept the amount you are willing or can pay? I live in the state of GA and the SOL in GA on a written agreement is 6 years I believe. What else can I do? I have been told to ignore the ...

    Daniel’s Answer

    If they actually own the debt, they may initiate a law suit. However, you would then be able to compel them to prove ownership of the debt and the correct and accurate of any amounts owed. This industry is rife with inaccurate information and duplicitous companies and collectors. I would not trust any collection company's numbers when it comes to what you owe or whether the debt is valid and collectible. I would also suggest that any communication you engage in with these collectors be in writing.

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  • Is it legal for my boss to listen in on the intercom in our break room?

    Just found out my boss has been listening in on private conversations in our break room. Been using some of what is said in retaliation actions or remarks.

    Daniel’s Answer

    In Georgia, it is legal to record any conversation to which you are a participant. However, in a situation like this, it is important to note that things are rarely this simple. There are questions as to the expectation of privacy and what is "overheard." Listening in on an intercom seems in violation of the law, but the question is likely more complex than that.

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  • Will my landlord let me know me know the marshals are going to come and kick me out

    I went to court and made an agreement to pay. Tomorrow will be the seventh day. I wondered if the marshals will give me notice so I may leave before they come.

    Daniel’s Answer

    There is a lot of information missing here. If part of your agreement was that by paying, you would be allowed to stay, then there should not be an actual dispossessory. However, if you were given seven days by the court, or by agreement, then the landlord can then get a writ of possession on the eighth day and have you evicted. There will likely be no notice at all and you will simply get a knock on the door. The landlord will have to arrange for this to happen and will be at the mercy of the marshals' schedule. The landlord will also have to hire the people to put your stuff outside the premises as the marshals are only there to see that there is no breach of the peace while the dispossessory takes place.

    In essence, if this is in Fulton County, it will almost certainly not take place on the eighth or ninth day, but each passing day means it is more likely that you will be evicted and have less control over the circumstances.

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  • If a FTA was issued in Gwinnett County for a debt case how do I go about having it cleared

    I was unable to show up for the specified court date and have heard through friends searching public records that I have an FTA in Gwinnett County for a debt case. How can I have it cleared and thwart any further legal action?

    Daniel’s Answer

    FTA usually applies to criminal cases or traffic cases. In Gwinnett, that is likely what it means in the system. Your failure to appear and contest a debt collection matter for which you were served and for which you answered would result in a default judgment being entered in favor of the plaintiff. At this point, you would have to try to file a motion to vacate that judgment if one was entered and to show cause as to why the court should grant your motion.

    As for "any further legal action," you may want to be vigilant about post-judgment interrogatories or other post-judgment discovery. In certain instances, if you are served with these questions and fail to respond, the party that serves them can try to have the court hold you in contempt, which can put you in a difficult position.

    Your best bet is to check with the court to find out what took place when you failed to appear in court.

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  • A person is calling my employers and schools trying to get personal info and spreading rumors.

    People saying that I'm special need when I'm not, and trying to get my personal info from my school. What do I do to put a stop to this.

    Daniel’s Answer

    The school and your employer should not release personal information without your permission. There may be a cause of action depending on the conduct of the person spreading rumors, but it could be a longshot and may not be worth pursuing depending on the extent of the damages. If it is something that is of concern, you should consult an attorney.

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  • Should i turn an answer into the court for my credit card dept im being sued for?

    I have until 2morrow 2 turn my answer into the court about my credit card dept im being sued for. Im disabled and have no means 2 pay. Would it b better if i just file bankrupt? I dont have the money really 2 do that but how do i defend myself aga...

    Daniel’s Answer

    You must answer the lawsuit or you lose the lawsuit. It is that simple. You should answer with a general denial to their allegations that you are indebted to them in any amount until you can get documentation from them that would prove the existence of the debt and the amount. If they get a judgment, they can then attempt to try to garnish or collect the judgment. Answering should slow the process down and give you an opportunity to defend yourself. Do not just take the debt collector's word for it that you owe any money. Bankruptcy may be an option, but it would take a lot more information to make that determination.

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