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Georgia Collections Questions & Answers
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.

You can ignore...
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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 another... 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 he... 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 that I... 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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2 Answers | Asked in Divorce, Family Law, Child Support and Collections for Georgia on
Q: Childsupport enforcement let my ex husband close the case because I'll filed contempt charges against him for childcare.

Childsupport couldn't enforce the divided amont of childcare in the final decree because it was separate from childsupport. Now childsupport enforcement think im trying to double dip when my divorce decree states a certain amount for childcare and childsupport. Childsupport enforcement says I can... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Sep 6, 2018

You are right. He does still owe for child support even if not being enforced by the child support enforcement agency. If he has also stopped paying his ongoing child support, you should amend your petition for contempt to also include these amounts so that the judge may rule on that issue in the... Read more »

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1 Answer | Asked in Collections, Gov & Administrative Law and Military Law for Georgia on
Q: How should I handle the following military matter?

I am being charged by the military for a missing item because I was the last one to sign for it. I only signed the hand receipt because I was instructed to do so by my supervisor. They are blaming me for negligence when there are others who signed off stating we had the missing item in question. I... Read more »

Angelina Bradley
Angelina Bradley answered on Jul 10, 2018

There are too many specifics in your case that aren't provided here in your question, and I"m sure more nuances will arise. I'd head down to talk to your local Area Defense Counsel or Defense Service Office for a free consultation. They'll be able to help walk you through this.

2 Answers | Asked in Child Custody, Child Support, Family Law and Collections for Georgia on
Q: It has been3 years since I have seen my children two of them was from an ordered no contact order is it legal for her

Is it legal for her to keep them from me the divorce papers state for me andher to work out visitation but she will not budge one bit will not even let me talk on the phone to them what can I do

P. Justin Thrailkill
P. Justin Thrailkill answered on Jun 26, 2018

You need to file for a modification of visitation if the papers are that vague. Talk to an attorney about your options in modifying visitation.

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1 Answer | Asked in Child Custody, Child Support, Collections and Family Law for Georgia on
Q: Is it legal for a parent to continue to collect child support on a child who is living with the paying parent?

Cps placed child with father, but mother is collecting cs from his paycheck. We have a court order to stop the deduction, but she went to ocse and opened a case saying he failed to pay.

We have contacted ocse, but its a mess, and They continue to deduct while "investigating".

Homer P Jordan IV
Homer P Jordan IV answered on Jun 20, 2018

It sounds like a child support modification may need to be done, but without being able to review the facts of the case in detail it's difficult to give a thorough response. You should consider consulting with an attorney can review the facts and help you plan the proper course of action. -Homer P.... Read more »

1 Answer | Asked in Criminal Law, Collections and Landlord - Tenant for Georgia on
Q: My HOA put a padlock on my water supply for delinquent fees, we have since paid all of the outstanding balance but they

will not put the water back on for another 8 hours. They said that if we remove the padlock they will prosecute us under OCGA 16-8-5. The statute says "with the intent to avoid payment". Could we be prosecuted under this for turning our water back on, since we have already made all payments?

David Edward Boyle
David Edward Boyle answered on May 16, 2018

If you remove the padlock by cutting it off you will have committed criminal trespass, in that you intentionally damaged property belonging to another in an amount less than $500, which is a misdemeanor offense.

1 Answer | Asked in Family Law and Collections for Georgia on
Q: We were awarded judgement in small claims court . Now seeking to pursue wage garnishment. What steps/forms are needed?

Filing in georgia. We are doing this ourselves with no attorney. The county clerk has not been any help and we are totally confused on what forms are needed to file and really can't afford an attorney. Due to my husband cosigning on a vehicle that went into collections we are stuck paying for it.

P. Justin Thrailkill
P. Justin Thrailkill answered on Mar 6, 2018

This is not a family law question. I would suggest reclassifying your question and asking it again.

1 Answer | Asked in Estate Planning, Collections and Consumer Law for Georgia on
Q: How to Explain a large deposite to a lender? It’s a gift from a friend.
Kenneth V Zichi
Kenneth V Zichi answered on Dec 18, 2017

Telling them 'it was a gift from a friend' sounds like the start of an explanation. The friend will probably also need to provide the lender a 'gift' letter. And if the gift was large enough to exceed the annual exclusion amount, your friend will probably also need to file a gift tax return.... Read more »

1 Answer | Asked in Child Custody, Estate Planning, Child Support and Collections for Georgia on
Q: Temporary child custody to grandparents because I am temporarily homeless and I brought my kids to them to have a home

I am 23 with two kids 3 and 7 months old. I recently became homeless and didn't want my kids to be homeless therefore I brought them to my parents house for a temporary living place while I get back on my feet. They want me to sign papers. What are my rights and what should I do? I want to get my... Read more »

William Head
William Head answered on Aug 13, 2017

You are being asked to give up your legal rights, to your parents. If you sign the papers, that will be the final ruling, most likely. Because I cannot judge WHAT IS BEST FOR THESE CHILDREN, there is no way to give more of an answer. But, that issue should be your guiding light, not what you want.... Read more »

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