Winston and Winston P.C. enjoys a national reputation for excellence in the areas of complex commercial, retail, bankruptcy, and defense litigation. Winston and Winston P.C. operates its proprietary Attorney Management Network (WAMN) to provide both legal and pre-legal services nationally and internationally. We pride ourselves on being creative, flexible and responsive to the special needs of individual clients. Our reputation is derived from three sources.
 | The Complete Guide to Credit and Collection Law, Second Edition, published by Aspen Publishers. The text has sold over 30,000 copies since 1996 and is updated yearly (3 Editions, 6 Supplements) by the partners Arthur and Jay Winston |
| Frequent public speaking engagements and published articles |
| Referrals by existing clients and our WAMN network attorneys |
Winston and Winston P.C. has been primarily engaged in representing financial institutions and businesses for over 30 years. Our experience enables us to offer greater efficiencies to our clients, because they trust our ability to litigate a matter, defend counterclaims, and class actions or represent their interests before the bankruptcy courts. By providing comprehensive services, our firm assists our clients in managing risk, reducing costs and increasing productivity.
An Attorney or Legal Assistant is always available to respond to a client's needs. We excel in two areas: (1) Negotiation and Litigation skills and (2) Our availability and prompt responses. We believe that effective communication and trust is the key to success.
Winston and Winston P.C. employs a large staff of employees including legal assistants, legal secretaries, telephone collectors, and clerical personnel to provide a high level of service to our clients. To keep our clients apprised of their accounts, status reports are furnished on a regular basis. Winston and Winston's staff of telephone workers are thoroughly trained to call on delinquent commercial and consumer accounts prior to suit. We also provide a monthly legal article to update our clients.
Winston and Winston P.C. represents a cross section of businesses and Fortune 500 companies from across the country, ranging from Banks, Financial Institutions, Credit Unions Auto Finance Companies, Leasing Companies, Credit Card Companies, Brokerage Firms, Manufacturers, Wholesalers, Hardware and Plumbing Companies, Distributors, Hotels, Hospitals, Medical and Dental, Supply firms, Telecommunication and Service Providers, as well as Direct Marketing Firms, List Brokers, List Compilers, Advertising Companies, Publishers, Service Bureaus, and Fulfillment Firms.
| Commercial & Asset based lending workouts; Negotiating forbearance agreements for distressed businesses |
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Supplemental enforcement proceedings and piercing the corporate veil |
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Conducting arbitrations and confirming awards |
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Pre-Judgment Attachments, Fraudulent Conveyance Proceeding |
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Foreclosures (Real Property, Cooperative, & Ship Mortgage) |
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Obtaining adequate protection |
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Defense of Trustee preference actions |
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Relief from the automatic stay |
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Objections to plans/discharge |
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Cram Downs & Reaffirmation agreements |
Winston & Winston P.C. is one of a small group of Creditor Litigation/Collection Attorneys who also represent their clients when they become defendants. We possess two strategic advantages in defense litigation not common to most defense attorneys: (1) A thorough understanding of the business practices of the industry and (2) Our ability to apply our proven creditor negotiation skills to effectuate quicker settlements and dismissals.
| Commercial Defense Litigation (Breach of Contract, Non-Compete and Non-Disclosure agreements, Liquidated damage clauses, End of lease term calculations) |
| Creditor Bankruptcy Defense Litigation (ex: Preference claims, Violations of the automatic stay) |
| FDCPA, FCRA, TILA, ECOA, state UFTPA's or other consumer claims |
| Opinion Letters and Compliance Audits |
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Pre-Charge-off Litigation (replevins and third Party Seizures) |
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Enforcement of dealer agreements |
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Title issues |
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Deficiency and End of lease term matters |
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Special Asset Litigation |
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Bankruptcy Related Services (See Creditor Bankruptcy Litigation & Defense Litigation)) |
| Litigating the extension of credit claims (credit card, unsecured loans and deficiency actions) |
| Unjust Enrichment claims and Recovery of Operations losses |
| Pre-Legal Collection Department (strategic collection programs, fast-track litigation) |
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Creative, and innovative negotiation tactics to manage costs and expedite settlements |
| Skip-tracing and asset location services |
| WAMN acts as a client liaison, managing the process, and acting as outside general counsel for the client |
| National reputation for managing special assets and products |
| Receive one bill for all your attorneys |
| One contact for updates for all states |
| Customized Forwarding: Attorney selection based on several factors of which location is a minor factor |
Are you in compliance with State and Federal laws and recent court decisions? At your request, we can perform an audit, review your agreements, practices and policies and provide a Risk Assessment. Have one of our attorneys review your business practices and procedures for compliance and efficiency. Compliance training is available to ensure that your company is current on new statutes, recent case developments, and "hot topics" being litigated by Consumer Attorneys. As consultants, we will teach you how to manage risk, reduce costs and increase productivity.
Winston and Winston P.C. has represented Direct Marketing Firms and List Brokers for over 20 years.
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Compliance with Regulation E, NAACHA rules and related Electronic Fund statutes; |
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Compliance with State and Federal Privacy Laws; |
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Enforcement and Online Click-wrap Agreements. |
Copyright © 1999, 2000, 2002, 2003 Winston & Winston P.C. All rights reserved.
Revised: June 04, 2007