Facing a Debt Collection Lawsuit?
Being sued by a debt collector is overwhelming — but you have rights, and you have options.
If you've been served with a debt collection lawsuit, you may feel like the outcome is already decided. It's not. Creditors and debt buyers make mistakes, violate consumer protection laws, and often struggle to prove they even have the legal right to collect from you. At the Law Office of C. Carlton Folsom, we provide experienced debt collection defense services to individuals throughout Gwinnett, Forsyth, Hall, Barrow, Jackson, Rockdale, Walton, and DeKalb Counties.
Don't ignore a lawsuit and let a default judgment destroy your finances. Call us today at 770-720-4353 for a free phone pre-consultation.
Check Out What Clients Say
"Highly recommend this law firm very professional and won my case for me. I would definitely make an appointment again if I were to need legal representation."
Antonio R.
"Great lawyer with years of expertise. He was prompt to respond. Great with my case. Highly recommend."
Anon E.
Common Ways Debt Collectors Violate the Law
Not every debt collection lawsuit is valid — and even when the underlying debt is real, collectors are required to follow strict legal rules. Here are some of the most common defenses to debt collection lawsuits we evaluate for our clients:
Lack of Standing
Debt buyers must prove they legally own the debt and have the right to sue. Many debt buyer lawsuits fail because the collector cannot produce a proper chain-of-title from the original creditor to themselves. Without that documentation, they may have no legal standing to bring the case.
Statute of Limitations
Every type of debt has a deadline — called the statute of limitations — by which a lawsuit must be filed. In Georgia, the statute of limitations on written contracts (including most credit card agreements) is six years. If the collector waited too long, you may have a complete defense against the debt collection lawsuit.
Failure to Prove the Debt
Collectors must be able to prove the amount they claim you owe and that you are actually the person who owes it. Errors in account numbers, balances, and identity are more common than most people realize.
Violations of the Fair Debt Collection Practices Act (FDCPA)
The FDCPA is a federal law that protects consumers from abusive, unfair, and deceptive debt collection practices. If a collector has violated the FDCPA — through harassment, misrepresentation, illegal communication tactics, or other misconduct — you may not only have a defense, but you may be entitled to damages.
Improper Service of Process
If you were not properly served with the lawsuit, the court may not have jurisdiction to enter a judgment against you. This is a procedural defense that can sometimes result in dismissal.
Discharged in Bankruptcy
If the debt was included in a bankruptcy discharge, the collector is legally prohibited from pursuing it. Attempting to collect a discharged debt is a serious violation of federal law.
Don't Ignore a Debt Collection Lawsuit
Many people make the mistake of ignoring a debt collection lawsuit, assuming they can't win or that the problem will go away. It won't. When you fail to respond, the court typically enters a default judgment against you — which gives the collector the ability to:
- Garnish your wages
- Levy your bank accounts
- Place a lien on your property
A judgment can follow you for years. The good news: if you act quickly, there are real defenses to a debt collection lawsuit that may be available to you. The sooner you contact a debt collection defense attorney, the more options you have.
Areas We Serve
Carlton Folsom is an experienced debt defense attorney and is proud to serve the North Metro Atlanta, GA area and surrounding Counties!
Our Debt Defense Services
At the Law Office of C. Carlton Folsom, our debt defense services include:
- Case evaluation — We review the lawsuit, the alleged debt, and all collector communications to identify viable defenses.
- Answer filing — We file a timely, legally sound answer to the lawsuit on your behalf.
- Discovery and document challenges — We demand that the collector produce documentation proving ownership, the account history, and the amount owed.
- Negotiation and settlement — When appropriate, we negotiate with collectors to reduce or resolve the debt on favorable terms.
- Courtroom representation — If your case goes to trial, Attorney Folsom — a proven litigator — will represent you in court.
C. Carlton Folsom For Debt Collection Defense
Why should you choose Carlton Folsom to represent you in your debt collection case?
✅ 35+ years of courtroom experience as a private practice litigator and former Air Force JAG officer
✅ Personal representation — Mr. Folsom personally handles your case, start to finish
✅ Proven track record of successful outcomes for clients throughout North Georgia
✅ Free phone pre-consultation — We listen to your situation before you commit to anything
✅ Bilingual services available — También hablamos español