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Georgia Collections Questions & Answers
1 Answer | Asked in Collections and Real Estate Law for Georgia on
Q: How to collect a default judgment in GA against a real estate broker?

I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?

Kent Bailey
Kent Bailey
answered on Apr 2, 2025

A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file... View More

1 Answer | Asked in Collections, Landlord - Tenant and Real Estate Law for Georgia on
Q: Do I have to pay a debt when landlord refused payment and collection agency is involved?

I have a collection from a previous landlord claiming I owe $6,653. The landlord initially stated I did not have a lease and refused payment. I have documentation supporting my claim. Now, a collection agency is trying to collect the debt. Do I have to pay this?

Dominique Young
Dominique Young
answered on Mar 26, 2025

The landlord may have refused payment due to sending the claim to the collection agency prior to you attempt to make the payment. Reach out to an attorney to assist you in your debtor defense matter. If your statements are corroborated by facts, you need to formally dispute the debt with the... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Collections for Georgia on
Q: My ex-husband's attorney has had my wages garnished to pay his attorney's fees. It is more than I can afford.

They are now attempting to get fees for the private investigator he hired to surveil me. I cannot afford to continue to pay this garnishment. I am a single mother of 4 and a public elementary school teacher.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Jan 17, 2025

In order for there to be a garnishment there must be an order that was entered against you requiring you to pay those fees. Once there is an order for you to pay, there are post-judgment collections that the party who is owed money can exercise and garnishment of wages and bank accounts fall under... View More

2 Answers | Asked in Contracts, Collections, Divorce and Family Law for Georgia on
Q: A car has been awarded to my ex wife almost 2 years ago I have requested to have my name removed from the car

Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2024

Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More

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1 Answer | Asked in Consumer Law, Contracts and Collections for Georgia on
Q: I was made aware of a civil judgment proceeding filed today for a debt that I believe is time barred.

Calvary Portfolio filed a judgment/motion to garnish my wages today, I found the debt collector and original creditor on a old credit report of mine (it is not showing on recent reports) and last date of any activity or update reported on my credit report was October 2016, I believe it fell off my... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 1, 2024

No. Calvary obtained a judgment. This is a garnishment, not a new lawsuit. The statute

of limitation on a judgment is generally anywhere from 10- 20 years, state dependent. While you may have legal defenses to the garnishment, statute of limitation issues probably is not one of them. See a lawyer.

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

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: What to do if a debt resolution company overcharges fees in Georgia?

I used a debt resolution company for the past 13 months, and they have been taking 54.5% of my monthly payments for "fees." The state of Georgia limits these fees to 7.5% upfront per monthly payment. I contacted them for an explanation, and they refused to provide one in writing. Despite... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you believe the debt resolution company has overcharged you, your first step should be to gather all documents related to the contract, including payment receipts and communication records. Since Georgia law limits fees to 7.5% upfront and 27% total, you can file a complaint with the Georgia... View More

1 Answer | Asked in Arbitration / Mediation Law, Traffic Tickets, Collections and Small Claims for Georgia on
Q: Are no flashing school zone lights grounds for disputing a citation?

My car passed through a school zone when the lights weren’t flashing at an acceptable road speed, but I was cited by an automatic speed detection device. The school zone is denoted by flashing lights but they were not flashing. There is also no schedule for the camera to begin and end detection... View More

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2025

A Georgia traffic defense attorney could advise best, but your question remains open for a month. In many places, those zones have gone into 24/7 operation. It's possible that's the case - check with a local traffic ticket defense attorney or the entity that oversees enforcement for... View More

1 Answer | Asked in Bankruptcy and Collections for Georgia on
Q: I don’t know how to answer my statement of claim. My car was totaled it wasn’t my fault my insurance didn’t cover it.

I want to sue the other person but I still have to answer the statement of claim by a certain time and I’m unsure how to answer it and lawyers just want me file bankruptcy but I just don’t know and I need to answer this paper

James L. Arrasmith
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answered on Mar 1, 2025

Dealing with legal paperwork after an accident can feel overwhelming, especially when you're already coping with the stress of a totaled car. Responding to a statement of claim requires careful attention to detail, but you can handle this step by step. First, read through the entire document... View More

2 Answers | Asked in Real Estate Law, Collections and Probate for Georgia on
Q: What happens to a person's property if they were married with both names on the deed, then they divorced, and then died

Died while waiting for their share?

Then the other name sells with quit claim deed, cheating the dead person's heirs by not informing them that they had an inheritance? How do I get my dead mommas inheritance? Daddy never told us, now I have the warrenty deed with mommas name, and the... View More

James Clifton
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James Clifton
answered on Dec 6, 2024

It depends on the terms of the divorce decree and the way the deed was written. Whoever was entitled to the property in the divorce decree can sell it under most circumstances. Schedule a free consultation so an attorney can review the divorce decree and the deed.

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1 Answer | Asked in Consumer Law, Contracts, Antitrust and Collections for Georgia on
Q: Me and a guy agreed work on my car and returm i would help him work on his car now he wants 200 and want give me my car

My car is in peices not running now he's being a jerk and i dont want to work with him no more but now he has my car lock inside a bulding and want give it to me unless i give h 200 buckscan he do this to me

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a difficult situation. If you had an agreement with the other person to trade services, but now they are demanding money and holding your car, it could be a breach of the original deal. It may not be legal for them to withhold your car, especially if you didn’t agree... 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 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 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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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

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