Kaiden & Kaiden, LLC

A Georgia Consumer Advocacy Law Firm

Consumer Law


1.    
Debt Settlement: credit card, loans, personal guaranties, medical, car repossessions.

(It takes years of experience and knowledge of legal rights to ensure a settlement that is fair to you. To ensure a successful outcome for you, we approach the collection action as if we were defending it in court. Aside from exploring the best settlement for you from a legal perspective, in any negotiation Kaiden & Kaiden, LLC understands that for a deal to be fair, it must be one you can live with. This is our first priority. )

2.      Debt Collection Defense of a Court Case: credit card, loans, personal guaranties, medical, car repossessions. (see Werner)

(Do not ignore a summons and complaint served to you by a sheriff or process server regarding a debt owed to a creditor or an assignee of the creditor. Once a complaint is filed against you, the court expects you to file an Answer presenting your case. If you default, and no Answer is entered, then the Court has to enter a default judgment against you in favor of the creditor for the balance claimed owed.

          Armed with a judgment entered against you, the creditor is able to employ legal remedies to collect its money, such as garnish your wages, garnish your bank account, lien your home or property, and so on. For more information on how Kaiden & Kaiden, LLC represented a consumer in Georgia and ensured the dismissal of the creditor’s complaint, read the summary of 1st Nationwide v. Werner.)

Please note that if the creditor is collecting on a deficiency balance from a repossessed vehicle, then you have great defenses. You may not owe this debt at all.

3.      Fair Debt Collection Practices (see Werner)

 (According to the Fair Debt Collections Practices Act, you have the right to be treated with courtesy and respect by any collector who contacts you. The law provides plenty of protection. It is up to you to claim these legal rights for yourself.  So, don’t be harassed or abused by debt collectors)

4.     Georgia Fair Business Practices Act (see Werner)

(In 2007, Kaiden & Kaiden, LLC argued the groundbreaking theory that a collection agency’s violation of the federal Fair Debt Collection Practices Act is also violation of the consumer’s rights under the Georgia Fair Business Practices Act. The Georgia Court of Appeals agreed and 1st Nationwide v. Werner became the law of the land. The Court of Appeals also held that depending on the violation of the FDCPA, the Georgia Fair Business Practices Act will support an award for treble damages in addition to any FDCPA damages awarded to the consumer.)

5.     Garnishment Defense (see in Re Roche)

(When handling a garnishment case, Kaiden & Kaiden, LLC starts its analysis of the case by probing as to whether the judgment can be set aside. If the judgment is valid, then our firm will defend the garnishment by employing all legal procedures available to release the funds back to you.)

6.     Consumer Arbitration Defense

(Some contracts will include an Arbitration Clause. An arbitration clause allows a creditor to attempt the collection of a debt through an arbitration committee instead of the court system. Be careful; do not ignore a notice of arbitration action served to you by certified or registered mail regarding a debt owed to a creditor or an assignee of the creditor. Like a complaint filed against you in court, you must file an Answer and present your case to the arbitration board. If you default, and no Answer is entered, then the arbitrator will issue an award against you in favor of the creditor for the balance claimed owed. Armed with an undisputed arbitration award entered against you, the creditor is able to file a petition to confirm the award with the Court. Kaiden & Kaiden, LLC is very experienced with this type of action and knows how to employ all the defenses that you have available to you as a consumer.)

7.     Theft of Identity

(It is indeed a terrible position to be in. After you have worked hard to build your good name and credit history, you now find yourself being harassed by strangers about bills you didn’t incur or being denied credit. You are the victim who deserves respect, but instead you continue to be victimized by the credit industry that does nothing to help you put your life in order again. At Kaiden & Kaiden, we are well aware of how frustrating this process can be, and we know how to protect you.)

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