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Georgia Collections Questions & Answers
1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: In Georgia, does responding to a collection notice by denying the debt reset the SoL clock for the debt?

Charter has sold an account of someone with my name, but living in a different state, that I've never lived in to collections agencies. I've disputed it multiple times and with all three credit agencies, but several months after dealing with one collections agency, it come back from a... Read more »

James W. Hurt Jr.
James W. Hurt Jr. answered on Apr 13, 2022

Disputing the debt will not reset the statute of limitations. You should send a letter disputing the validity of the debt and explain once again that it is not yours and you have never lived in the state where the debt allegedly was incurred.

2 Answers | Asked in Bankruptcy and Collections for Georgia on
Q: In Georgia, my husband is currently being garnished for child support arrears in an amount slightly less than 25%.

Two additional creditors have garnishment orders now. Can they take 25% in addition to what is currently being taken for child support, or is the total allowed to be taken 25% including the child support as long as child support is happy with their current amount?

Brace W. Luquire
Brace W. Luquire answered on Mar 30, 2022

Child support arrears are generally set up as a designated amount, not a percentage. The other creditor garnishments are taken in order of the date of the judgment and cannot exceed 25% which would be in addition to the child support. Child support garnishments can be as much as 65% of the net... Read more »

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3 Answers | Asked in Bankruptcy and Collections for Georgia on
Q: Do I need a debt collection attorney?

My ex-husband filed for bankruptcy shortly after a judge finalized our divorce and ordered him to pay me almost $4,000. I've talked to divorce lawyers and bankruptcy lawyers and no one is able to give me an answer. Someone mentioned a debt collection attorney, is this what I need? Thank you in... Read more »

Paul Schofield
Paul Schofield answered on Mar 6, 2022

You should speak with a bankruptcy attorney. In general, bankruptcy treats payments ordered through a divorce as one of two things - a domestic support obligation (child support or alimony) or a property settlement (basically everything else). In a chapter 7 bankruptcy case, neither can be... Read more »

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1 Answer | Asked in Consumer Law, Business Law and Collections for Georgia on
Q: Is a "professional parking management" company's fines enforceable? Not through a govt agency but a private company.
Cory D. Raines
Cory D. Raines answered on Feb 26, 2022

These fines are generally not enforceable like tickets issued by law enforcement agencies. However, failure to pay the fines could result in outstanding balance being sent to a collection agency, which could negatively impact your credit.

1 Answer | Asked in Collections for Georgia on
Q: How to deal with creditor that try to contact me about a credit card and a loan in my deceased husband name.

Credit card and loan under his name only.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

If you are not a co-signer or guarantor of the loan, then you would just need to inform them of his death. They may ask for a copy of his death certificate or obituary just to close out their file. If that does not satisfy them and end the communications, then you will need to send them a letter... Read more »

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: How to clear up FIFA judgements against a rental property?

I hold title to a single-family rental property. The property has 4 relatively old FIFA judgements against it totaling up to about $12,000 (not including interest accrued since dates of judgements). The judgements were related to credit cards debt of another person (not my spouse) who owned the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jul 19, 2021

I understand your reluctance to proceed on your own. Accordingly, speak with local counsel who can help you decide on the right course of action for your situation.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Collections and Landlord - Tenant for Georgia on
Q: How did the judge change his summary judgement where I was not a defendant to me becoming a co-defendant and liable?

Not on any lease for the apartment complex with no signed documents with them I had moved in to help the lease holder financially two plus years ago with him leaving town shortly after I continued to pay the rent and utilities for over 20 months no issue but late once COVID hit. Was to get... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jun 24, 2021

Honestly, there are too many moving parts in your situation. It would be best for you to sit down with an attorney to discuss the problems you have individually and more specifically.

1 Answer | Asked in Collections for Georgia on
Q: My 82 yr old mother lives in Georgia. She has social security and pension payments each month.

She's been served papers For cc debt of roughly 13k. Owns a home fmv is 61980 assessed is 24792. Is the property at risk based on ga exemption laws

Seth Meyerson
Seth Meyerson answered on Oct 26, 2020

You have a couple of options here. Talk to a Georgia Attorney who handles debt and lawsuits.

Seth Meyerson

1 Answer | Asked in Child Support and Collections for Georgia on
Q: I am on SSI. And child support collection unit withheld my stimulus check and have placed judgements against me.

Can I get my money back?

Seth Meyerson
Seth Meyerson answered on Oct 9, 2020

One of the few things that SSI can be garnished for is child support. Have your children applied for benefits directly from SSI?

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Georgia on
Q: Should I file my answer to a debt collection lawsuit first or try to negotiate a settlement before filing an answer?

I am being sued by Capital One for a credit card debt. I have 30 days to file an answer. I just received a letter from the firm representing Capital One with settlement options including monthly, lump sum or 3 month payment plans. However, there is a line stating that a consent judgment may need to... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2019

I’d try before filing the answer, although you may want to hire a lawyer to do it for you.

1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: Is this legal or “okay” for a credit/debt agency to send passive aggressive letters?
D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 21, 2019

Yes, as long as they don't threaten criminal action or legal proceedings they're not allowed to take then they can be as passive aggressive as they want.

They also can't be physically aggressive or threatening, like showing up with a biker gang. Real case by the way....
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1 Answer | Asked in Collections for Georgia on
Q: How do I stop a garnishment of pay
Anitra Walker
Anitra Walker answered on Sep 16, 2019

There are a few ways to stop a garnishment. First, if you are the defendant, you may have adequate grounds to file a defendant's claim form. This must be done within 20 days after the garnishee (generally the bank or employer) files their answer to the garnishment. Filing bankruptcy is... Read more »

1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: I co-signed with my son 26 years ago for a wireless phone service. His account is in collection. Am I still liable?

I live in Georgia.

Anitra Walker
Anitra Walker answered on Sep 16, 2019

Generally, a co-signer is jointly and severally liable on an obligation. Therefore the creditor can pursue you, your son, or both of you for the debt. In this case, the statute of limitations is the timeframe in which the creditor would be able to bring an actual lawsuit against you and/or your... Read more »

1 Answer | Asked in Child Support and Collections for Georgia on
Q: Can child support be collected from 2 sources of income in Georgia?

My ex husband is in the national guard reserves. He quit one job and started a new one. He did not report it. Somehow Ga started taking child support out of his monthly drill check but it's not even half of what he is supposed to pay. I reported his new job on my case once I found out where... Read more »

Regina Irene Edwards
Regina Irene Edwards answered on Aug 27, 2019

Yes, the other job can be garnished. It probably will go faster if you hired a private attorney to handle the Income Withholding Order.

1 Answer | Asked in Collections for Georgia on
Q: I have had the same case dismissed twice without prejudice in the state of Georgia how many time can they refile
Samantha A Holloway
Samantha A Holloway answered on Apr 30, 2019

It is difficult to answer this case without specific information. If a case has been dismissed without prejudice, you can typically re-file. However, there are statute of limitations (time period you have to file a lawsuit) which may get your case dismissed on procedural grounds. I would suggest... Read more »

1 Answer | Asked in Bankruptcy, Civil Litigation and Collections for Georgia on
Q: Judgement filed against me in GA license suspended. Filed chapter 7 what to do now?

Accident was in 2009. Judgment in 2012. When my chapter 7 is discharged this month do i just take my papers to the DDS or will i need an attorney

Timothy Denison
Timothy Denison answered on Mar 25, 2019

Take your discharge and schedule showing judgment creditor to DDS and they will reinstate your license.

1 Answer | Asked in Criminal Law, Banking, Collections and Landlord - Tenant for Georgia on
Q: $2,045.34 in rent paid by my debit card. Only had $1,820.28 available-Leaving a deficit of $225.06. Is this criminal?

It was due to be paid by midnight on 03/05/2019-after only being given 10 days notice by the leasing office that they made a major error and I actually would have to pay 2 months rent by that date instead of just 1 month. On 03/05/2019 at 3:17pm, I called the asst manager and she agreed to allow me... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on Mar 8, 2019

In Order to answer this Question, the attorney will need to see the actual Lease and any conversations you have with the landlord. It may be in your best interest to talk to an attorney to see what provisions are in your lease.

1 Answer | Asked in Bankruptcy and Collections for Georgia on
Q: I have been served papers to appear in court for an outstanding medical bill.
Kevin M Rogers
Kevin M Rogers answered on Feb 27, 2019

If you have been "served" a Summons to Appear, you must appear. The only thing you could do at this point is notify the Clerk of the Court and notify them that you have filed bankruptcy and see if this obviates the need to appear. Otherwise, you must appar or risk being held in court.

1 Answer | Asked in Collections for Georgia on
Q: I keep receiving phone calls from Synergetic communication Inc. about a debt to AIU that I never attended. Help!

They are harassing me saying I owe over $1000 for a school I never attended. AIU I never signed any agreement they only can show an electronic signature and the typed form that was sent to me doesn't even have my SS number it is written in by who knows on top of the form. Nothing can prove... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 3, 2019

Based on these facts alone, an attorney could have questions as to what that electronic signature was for. A place to start might be to check with collection defense attorneys in your state to see if they would provide a free, or at least a short consultation to review the agreement involving the... Read more »

2 Answers | Asked in Divorce, Employment Law and Collections for Georgia on
Q: How can I modify a contempt order from a divorce decree to increase payments? Ex husband has recently gotten a job.
Homer P Jordan IV
Homer P Jordan IV answered on Oct 4, 2018

You should consult with an attorney regarding filing for contempt and to see if you have other options as well. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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