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Georgia Collections Questions & Answers
3 Answers | Asked in Landlord - Tenant, Collections, Domestic Violence and Real Estate Law for Georgia on
Q: Lease collections dispute in Georgia due to ex-partner issues.

I’m dealing with a situation involving a lease in Georgia that is now in collections under my name. My ex-partner and I both signed the lease, but after our breakup in March, I informed the leasing office that I wouldn’t renew, as he intended to stay. He neither stayed nor renewed, and the... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 29, 2025

If both parties signed the lease, typically each lessee is jointly and severally liable to the lessor. However if you end up paying the indebtedness to the lessor, you could seek contribution from the co-lessee in a legal action. Of course the practicalities of this would involve locating... View More

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3 Answers | Asked in Landlord - Tenant, Collections, Domestic Violence and Real Estate Law for Georgia on
Q: Lease collections dispute in Georgia due to ex-partner issues.

I’m dealing with a situation involving a lease in Georgia that is now in collections under my name. My ex-partner and I both signed the lease, but after our breakup in March, I informed the leasing office that I wouldn’t renew, as he intended to stay. He neither stayed nor renewed, and the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 11, 2025

If both of you are on the lease, each of you is responsible 100% for everything under the lease. Generally usually normally, the creditor/landlord is not required to pursue both signatories. They can pursue either at their discretion. You have a contract issue between you and the landlord, so... View More

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2 Answers | Asked in Collections, Social Security and Public Benefits for Georgia on
Q: Received a bank levy affecting my Social Security income. What can I do?

I received a bank levy today, and my account is already frozen. I am on Social Security, which is my sole source of income, and I haven't had time to dispute the levy or respond. When I called, they mentioned they communicated with me in 2024, but I don't remember receiving any notice.... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 10, 2025

Social Security Income is exempt from garnishment under federal law. Typically a bank will state in its Answer the funds in the account are social security funds and therefore exempt. Since the bank apparently did not assert this, you will need to file a Defendant's Claim (Traverse) in the... View More

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2 Answers | Asked in Collections and Consumer Law for Georgia on
Q: A representative claims I owe $2,606 for a credit card I settled in 2014. Should I pay or dispute it?

In 2014, I paid $6,400 to settle my Capitol One credit card balance, and I have receipts showing it was paid in full. Recently, a representative named Adam Dahl contacted me, claiming I owe an additional $2,606 and mentioned a case number #2104552 related to my county. I haven’t received any... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 6, 2025

The statute of limitations on a credit card debt in GA is six years. It sounds as if this may be time-barred. If you make a payment on a time-barred debt, the creditor may argue you have "reaffirmed" the debt. Also if a collection agency is attempting to collect on a time-barred debt,... View More

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3 Answers | Asked in Collections and Contracts for Georgia on
Q: Cannot reach Capital One to pay agreed court settlement. What steps can I take?

I was sued by Capital One and went to court, where we agreed on an amount to be paid by September 1st. The case was finalized. I have been trying to reach the plaintiff to pay the agreed amount, but I haven't received any response. I have emailed, called, and sent a certified letter attempting... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 6, 2025

The address/phone no. of the attorney should be on the court pleadings. If you are unable to mail a payment to them, (which should be sent certified mail) then your only option may be to pay the funds to the Clerk of Court and reference the case no. that you settled, assuming there was some type... View More

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2 Answers | 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

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2 Answers | 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

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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 Collections and Consumer Law for Georgia on
Q: Is it legal for a debt collector to text a family member with a payment link?

I received a letter from a debt collector, but I have not communicated with them. Instead, they texted a family member, who is listed as an emergency contact, about my debt account. The text didn't include specific account information but had a link to make a payment. Is it legal for the debt... View More

James L. Arrasmith
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answered on Oct 23, 2025

No—unless you gave the collector direct, prior consent, texting your family member with a payment link violates the federal Fair Debt Collection Practices Act, which applies in Georgia. An exception exists if the person is your spouse (treated as the “consumer”), but otherwise the statute... View More

2 Answers | Asked in Collections and Business Law for Georgia on
Q: Guidance on collecting whole life insurance as a beneficiary.

I'm seeking guidance on how to collect from a whole life insurance policy where I'm the beneficiary. The policy is for someone else, and I need advice on initiating the claim process with the insurance company. What steps should I take to ensure I collect the policy benefits correctly and timely?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 20, 2025

Contact the insurance company for its claims procedures. This is not a legal issue.

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1 Answer | Asked in Bankruptcy and Collections for Georgia on
Q: Received notice from creditor about vehicle collateral retention. What's next?

I am the debtor and have received a notice of intention to retain collateral in full satisfaction of obligation from my creditor concerning my vehicle. What should my next steps be?

James L. Arrasmith
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answered on Aug 8, 2025

If you’ve received a notice stating the creditor intends to retain the vehicle in full satisfaction of the obligation, that usually means they plan to keep the car and cancel the remaining balance on the loan. This can be a positive outcome if you're ready to walk away from the vehicle and... View More

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: Experiencing harassment from a credit card company due to overdue payments. Can they legally call excessively?

I am receiving harassing phone calls from a credit card company that calls me at least five times a day, every day, for the past month. I have asked them to stop calling, but they use different numbers. I am slightly behind on payments, but their persistence feels excessive. I have records of all... View More

James L. Arrasmith
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answered on Aug 2, 2025

What you're going through sounds overwhelming, and you're not alone—many people face this kind of pressure when dealing with overdue payments. Even if you’re behind, credit card companies are still required to follow rules about how and when they can contact you. Under federal law,... View More

1 Answer | Asked in Business Law and Collections for Georgia on
Q: Mistake in defendant's legal name post-judgment

I recently won a case in Cobb County Magistrate Court for my business, but I realized afterward that I did not file the case against the correct legal name of the defendant, omitting the "LLC." I'm unsure how this mistake might affect our ability to collect funds from the defendant... View More

James L. Arrasmith
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answered on Jul 26, 2025

It’s good that you caught the mistake early, because a judgment that doesn’t correctly name the defendant—especially when it involves a business entity—can make it harder to collect. Leaving off “LLC” may seem minor, but it can create confusion when trying to enforce the judgment,... View More

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: Can Bathfitter file a lien 90 days from their work or from the repair company's final work date?

I had Bathfitter complete a shower renovation in Georgia on April 21. During the process, water damage occurred, and Bathfitter arranged for another company to fix the damage, which they completed on May 21. Bathfitter paid the other company directly, and that company has been paid in full. I have... View More

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answered on Jul 26, 2025

In Georgia, contractors and subcontractors typically have 90 days from the “last day labor or materials were furnished” to file a lien against a property. That means the 90-day clock usually starts ticking from the last date any work was performed or materials delivered under the contract with... View More

2 Answers | Asked in Collections, Identity Theft and Consumer Law for Georgia on
Q: Contacted by collection agency for unknown debt, possible identity theft?

I have been contacted by a collection agency regarding a debt they claim is mine. I sent a letter stating that I don't own the debt, but the agency replied with statements that I don't recognize. The email, address, and phone number they have aren't mine. The debt issue has been... View More

Matthew McKenna
Matthew McKenna
answered on Jul 24, 2025

Yes, I would file a police report and also think about contacting a consumer protection attorney. You might also want to pull your Experian, Equifax and Trans Union credit reports to ensure that no other accounts are reporting on there that aren't yours.

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1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Georgia on
Q: What happens if I don't pay my rent today after receiving a default notice from the hotel?

I received a letter for strict compliance concerning a default on my payment and a payment arrangement was outlined. The hotel manager gave me an agreement stating that if I pay today (as the date on it is July 1st), I cannot be late with the rent from this point forward, or I will receive a... View More

James L. Arrasmith
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answered on Jul 4, 2025

You’ve agreed to pay by today, so missing that deadline puts you in breach of your new payment arrangement.

The hotel can serve you a one-day notice to vacate immediately following today’s deadline, demanding that you surrender possession within 24 hours. If you still remain in...
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1 Answer | Asked in Real Estate Law, Civil Litigation, Probate and Collections for Georgia on
Q: Can lien from deceased brother's credit card debt be reduced before closing?

I am in the process of selling my house in Georgia, which also had my late brother's name on the title. I recently found out from the closing attorney that there is a lien on the house from a credit card company related to my brother's debt from 2010, originally about $8,000, now claimed... View More

James L. Arrasmith
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answered on Jun 12, 2025

That’s an overwhelming situation, especially when you’re trying to sell your home and wrap up what your brother left behind. In Georgia, it’s legal for a judgment lien to be renewed every seven years, and unfortunately, interest can accumulate rapidly over time. That’s likely how the... View More

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