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Georgia Collections Questions & Answers
0 Answers | Asked in Family Law and Collections for Georgia on
Q: I am mama Amirah janal +27633981728 an experienced traditional spiritual healer. I can cast traditional spiritual healin

I am mama Amirah janal +27633981728 an experienced traditional spiritual healer. I can cast traditional spiritual healing psychic; spell caster; black magic; lost love spell; love spells; lost love spells; witchcraft spells; love spell; black magic spells; voodoo spells; lost love spells; powerful... View More

1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: I won a default judgment. What steps should I take to collect if its even possible?

A renovation contractor is in default and I want to collect. Can I go after his wife also in this instance since she advertises for him? I don't want to throw good money at bad money so I need to know if they have anything that can be liened on to make him/them pay. And Im unsure about that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 26, 2024

There are many actions that could be taken. If you have bank information do a levy. Do a judgment debtor exam. Lien his property. Shins to take depend on what we know about the debtor.

1 Answer | Asked in Real Estate Law, Tax Law, Collections, Federal Crimes and Municipal Law for Georgia on
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they

Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More

2 Answers | Asked in Contracts, Business Law and Collections for Georgia on
Q: Lawncare company has serviced our yard for 18 months after we cancelled verbally. Now they are threatening to sue.

We have a verbal arrangement with a local lawncare company. When they were servicing our yard, they ran over our irrigation system twice. on the second time the crew stopped and i told them we need to pause service until the boss comes out to discuss, i spoke with him and he mentioned he would come... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 8, 2023

Possibly. You would have to prove you canceled the service, and convince the court that you believed 18 months of lawn service was merely a gesture of goodwill. See an attorney for an assessment of your defense. Try working it out.

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1 Answer | Asked in Collections for Georgia on
Q: Georgia rules in collecting monies on bad checks from 2012 & 2013

About 3 weeks ago I contacted our magistrate court in Georgia in reference to another matter to learn that they had 2 checks 1 from 2012 and 1 from 2013 both are less than $500 they are testing now to collect on them is this something that they can issue a warrant for if unpaid

James L. Arrasmith
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answered on Nov 8, 2023

In Georgia, there are statutes of limitations that apply to various debts, including those stemming from bad checks. Generally, the statute of limitations for misdemeanors, which includes bad checks under $500, is two years. However, if a warrant was issued within that period, it could remain valid... View More

2 Answers | Asked in Bankruptcy, Collections and Small Claims for Georgia on
Q: How to ensure defendant in small claims suit will pay plaintiff's (creditor's) judgment?

I am suing in Georgia small claims for 14k. I had an agreement with the defendant that I would put them on my credit card to build their credit and they would pay me monthly on charges incurred. They ran up the card 10k. I've filed the suit, defendant has been served. While I wait for the... View More

Martha Warriner Jarrett
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answered on Nov 4, 2023

It depends on when the defendant filed his last bankruptcy. If he received a chapter 7 discharge, he must wait at least 8 years before he can file again. If it was a chapter 13 discharge, he only needs to wait two years to file another chapter 13. After a chapter 13 discharge, he has to wait 6... View More

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1 Answer | Asked in Collections for Georgia on
Q: Received a call from Bemidji MN. Lived there 10 yrs ago. Left a 1 855 # to call back. Didn't say much.

Said they would contact family members and place of work. Said it was a civil suit filed against me. Wondering if it's real

Joel Gary Selik
Joel Gary Selik
answered on Oct 30, 2023

If you call them, listen, but give them no information.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Collections for Georgia on
Q: I have a title loan and I'm halfway paying it. The interest rate is 59%. Is that rate illegal?
T. Augustus Claus
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answered on Sep 4, 2023

Georgia has strict regulations on title loans. Interest rates for title loans in Georgia are capped at 25% per month (which is roughly equivalent to 300% annually). Therefore, if your title loan has an interest rate of 59%, it would likely be considered illegal under Georgia law.

2 Answers | Asked in Business Formation, Civil Litigation and Collections for Georgia on
Q: A promissory not that hasn’t been paid was due 7/21/2020 what can I do
T. Augustus Claus
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answered on Aug 28, 2023

If you have a promissory note that was due on 7/21/2020 and has not been paid, you have several options to consider. First, you could try reaching out to the debtor to remind them of the outstanding payment and discuss the situation. It's possible that there might have been a misunderstanding... View More

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2 Answers | Asked in Civil Litigation, Collections and Consumer Law for Georgia on
Q: Does a 1099c prevent creditors from collecting on a debt via arbitration?
T. Augustus Claus
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answered on Aug 17, 2023

Receiving a 1099-C, indicating a canceled debt, doesn't automatically prevent creditors from using arbitration to collect the remaining debt. The ability to pursue arbitration depends on factors like contractual agreements, state laws, and the statute of limitations for debt collection.

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1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: Attorney Lienholder who does not reply to request for lien payoff letter. Is there an alternative for removing liens?

I have a rental house under contract to sell, with closing schedule in a couple of weeks. The house has several judgement liens (Fi-Fa) that must be cleared up. Two different attorneys hold the liens. The closing attorney was authorized to do so and has asked both attorneys to provide a... View More

James Clifton
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James Clifton
answered on Aug 1, 2023

As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: A judgement was made against me for not appearing for a summons, but i Did appear on time.

The summons served to me provided a date, I appeared in court on that date.

2 months later information on a judgement against me is sent, the reason listed is failed to appear. And the date they now have listed is changed, and different than the deadline date given on my summons.

Joel Gary Selik
Joel Gary Selik
answered on Jul 28, 2023

Examine the court file and file a motion to set aside the judgment right away.

1 Answer | Asked in Collections for Georgia on
Q: I was sent to collections over a gym membership claim that happened 3 years ago - what should I do? Pay or Dispute it?

Aldous and Associates have a debt collection on me for $118 regarding a gym membership from about 3 years ago. It recently hit on my credit. Some context: This gym and I had gone back and forth for months, via call and text, about cancelling my membership (I was away at college, not needing my... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 10, 2023

Your concern is justified (I do not mean about this particular collector, but collectors in general). You need to get any agreements in writing before you give them information or pay anything. You need to determine if it is worth your time to contest this. They often just do not care, and will... View More

1 Answer | Asked in Divorce and Collections for Georgia on
Q: If I was awarded a sum of money in my final divorce based on a promissory note executed can i file a lien againsts home
T. Augustus Claus
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answered on Jul 6, 2023

If you were awarded a sum of money in your final divorce decree based on a promissory note executed by your ex-spouse, you may have the right to file a lien against their home as a means to secure payment. However, the specific laws regarding liens and the enforceability of promissory notes can... View More

1 Answer | Asked in Collections for Georgia on
Q: Can I be sued if I have not been served?

I am being sued for a credit card debt by LVNV Funding. I no longer live in the US and only have a PO box in my former state of GA. Is this legal or how the process works? I am trying to figure out how to proceed. My first option was to get them to validate the debt in my answer to the filing, but... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Yes it is legal; you can be sued where the debt arose or where indicated in the contract.

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Georgia on
Q: I won 50,000 from the ga lottery, what entities will collect debt from my winnings, be specific. Med bills, cellphon bil

I just want to know what agencies or anything can collect debt out of my Georgia lottery winnings when I go to collect. Like will medical bills cell phone carriers, credit card companies?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 20, 2023

You've posted in the "Bankruptcy" section, so we assume you have filed for bankruptcy relief, or will do so imminently.

If so, the automatic stay prevents any creditor from taking any action against you or your property, subject to the bankruptcy court's orders....
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2 Answers | Asked in Consumer Law and Collections for Georgia on
Q: Being sued for a debt from a debt collection agency. Probability of them having original contract?

Being sued for a debt from a debt collection agency. What is the probability that the debt collection agency has the original signed contract from whom they bought the debt? Trying to figure out the probability that they can prove that I own the debt.

Joel Gary Selik
Joel Gary Selik
answered on May 18, 2023

Every company has different procedures that make it so the chances they have it are different. Many can access them easily, others cannot.

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1 Answer | Asked in Collections for Georgia on
Q: What do I need to do when I receive a certified letter saying a date and time for a despotition to be taken.
Joel Gary Selik
Joel Gary Selik
answered on May 4, 2023

It depends on if you are a party to the case or not. If you are a party that may be sufficient notice. If you are non-party, you may be required to be served a subpoena. Service is usually required in a particular fashion. It is recommended you consult with an attorney, about this.

2 Answers | Asked in Bankruptcy, Collections and Social Security for Georgia on
Q: A widow being threatened with collections by an adjuster who nolonger wants to work with the lawyer hired.

A widow, whose sole income is social security, hired a public adjuster who nolonger wants to work with the attorney they hired. The adjuster is now putting pressure on her to pay him $12,000 or more. Can she file chapter 7 bankruptcy? If so, will it stop him from taking any further action against... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 21, 2023

The Bankruptcy Code defines who is eligible to file for Chapter 7, as well as all other forms of Chapter relief. An individual who has not filed for bankruptcy relief and gotten a discharge recently (6 years), and whose income is less than the "median income" for your region is eligible... View More

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2 Answers | Asked in Civil Litigation and Collections for Georgia on
Q: Good afternoon. Can a rental management company come after me after the consent judgment. There was zero judgement

My sister signed my name for over 10 yrs and management let her. She left 14 k in unpaid rent . I went to court and I guess the management didn’t have proof. There was no judgment . Should I be worried. It was for an eviction.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2023

You were sued, you went to court on a final hearing, Plaintiff had no proof, and the judge did what? Did not enter a judgment against you? If what I described is accurate, the case is over. You cannot be sued again.

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