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Georgia Collections Questions & Answers
1 Answer | Asked in Divorce, Family Law and Collections for Georgia on
Q: GA order need to garnish in TN for unpaid $.

Have a judgement against my ex for over $36,000 in court in GA. He resides in TN. The order states he agrees to pay $250 per month to my local court. He has made 2 payments in the last 2 years. Without hiring an attorney, how can I apply for a garnishment in TN to obtain what’s already been court... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 1, 2022

You would have to follow the Tennessee procedures to make the Georgia judgment into a Tennessee judgment. Once the judgment is "domesticated" into Tennessee, you can move for a writ of garnishment in that court. The place to start is the Tennessee statutes, more than likely online. You... Read more »

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: How does one go about getting a debt collector to stop calling the wrong person without giving any personal info?

Please read the whole thing.

Portfolio Recovery has been calling me for over two years trying to find another person. I have told them on more than one occasion that I am not the person they are seeking, that I do not owe this debt, it isn't my debt, and to stop calling me.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 15, 2022

Hire an attorney to write a letter for you. The return address will be the lawyer's.

Block the number on your cell phone.

1 Answer | Asked in Collections for Georgia on
Q: I need help or advice for things I’m not even sure y’all can answer I’m just not sure who to ask. What can I do?

I’m 19 now and I’ve never seen my dad sober my entire childhood. He goes to work and the second he gets off work he starts drinking and doesn’t stop. When he drinks he becomes incompetent and make’s stupid decisions. He keeps getting arrested for drinking and driving but he just keeps doing... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. And it looks like time is of the essence in your matter, where some form of action needs to be taken to avert things from getting worse. You could reach out to attorneys who handle collections/creditor's... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Collections and Small Claims for Georgia on
Q: I paid off my civil judgment in full in 08/29/2022 through wire transfer. Today I called & was told payment was rejected

I called today as I still have not received any payment confirmation, court documentation, such as satisfaction of judgement, etc. and was trying to figure out why. The day payment was made I was told by this company my wire transfer was successful and applied to account.

Today though,... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2022

Yes, I think that would be a good idea.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Collections for Georgia on
Q: My 20 year old autistic daughter was with a adult female that stole something and my daughter was charged as well .

I explained to public defender but she was charged and given probation and fine. She is mentally disabled so she can’t pay. What can I do? I’m a single mom with a 15 year old daughter as well. I don’t have $3000 laying around.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2022

You could pay the fine yourself to end the matter.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Civil Litigation and Collections for Georgia on
Q: How do I write a letter to the judge to asking for my case to be dismissed they have named the wrong person in the suit.

Also I never knew about the account that I am being sued for never signed a contract or a summons. someone else signed the summons for me and didn't tell me about it.

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

You don't. You make a motion to dismiss the case, stating your reasons. You file the original with the clerk of the court and send a copy to the plaintiff or its attorney. As to the summons - if the summons was delivered to a person authorized by law to accept it at your residence (as an... Read more »

1 Answer | Asked in Divorce, Collections and Small Claims for Georgia on
Q: if I bought something under someone's else line of credit but I paid for it. Can I take it when I move out?

I am getting divorced. I want to take the air conditioner but they are refusing because it was bought under their credit but I paid for it in full. Would I be legally allowed to take the item?

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Aug 30, 2022

This is personal property that is marital property and must be determine in the terms of your divorce, either by agreement or by a judge's order.

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
PREMIUM
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
PREMIUM
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....
Read more »

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 »

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