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Georgia Collections Questions & Answers
1 Answer | Asked in Immigration Law, Personal Injury and Collections for Georgia on
Q: Parents visited USA & father fell ill & landed into emergency.mother signed the form. who is responsible to pay bills?

Parents were visitors and father fell sick. Insurance might not cover everything. At the emergency room, there was a billing form on which mother signed and provided my address. Please let me know how should this handled. Father is retired and lives in India and mother is a housewife. Even if a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 6, 2017

You aren't liable. However your parents are. Check with the embassy to see what the procedure is. I don't see a small claims case affecting a visa.

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for Georgia on
Q: Does one have to pay a creditor that put the debt to profit loss
Nels Hansen
Nels Hansen answered on Mar 1, 2017

If the original creditor “charged off” the debt they are acknowledging that they have given up on being repaid on the original terms of the loan. The remaining amount is considered bad debt. This does not mean you do not owe the debt. This does not mean they have given up on trying to... Read more »

1 Answer | Asked in Consumer Law and Collections for Georgia on
Q: Can a collections agencies put a lien on my home for my son's debts, while he is living with me?
Paula J. Mcgill
Paula J. Mcgill answered on Feb 20, 2017

Did you guarantee your son's debt?

Have you been sued for that debt and lost in court?

Is your son part owner of the house?

Does the debt relate to repairs or improvements to the house?

If the answers are no, I don't see how legally the lien can be placed on the...
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1 Answer | Asked in Employment Law, Collections and Contracts for Georgia on
Q: I'm a freelancer having trouble getting paid for services rendered.

I am owed $1,650 from a business I did some freelance work for last month. I have a bounced check for $1,500. With the appropriate dates in the memo. I've contacted the business owner and been blown off rudely. What should be my next move?

Paula J. Mcgill
Paula J. Mcgill answered on Jan 22, 2017

If the owner refuses to pay, sue the business or owner (depending on who you have the agreement).

The lawsuit would include the $1,650 contract and any bounced check fees or other costs you may have incurred as a result.

1 Answer | Asked in Personal Injury and Collections for Georgia on
Q: After Georgia medial lien is placed on an hospital account-how long is that lien good for?

How long can that lien be legally enforced?

Peter N. Munsing
Peter N. Munsing answered on Aug 22, 2016

Not sure what you mean by a "hospital account" Liens from the state may stay open for some time. Start by gettng a better idea of what the lien is and then ask Legal Aid to explain it

1 Answer | Asked in Collections, Consumer Law and Contracts for Georgia on
Q: How can I track down the current address of two deadbeats in Florida if they don’t own a house, car or landline phone?

I bought an item from them through Craigslist, but they didn’t send it to me. They just kept the item … and my money. Although I now live out of state, I still would like to take them to small claims court. But I need an address in order to serve them notice in person. The last two addresses I... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 15, 2016

Hire a private investigator to track them done and/or to run a background check that might have current info. The real issue though, is all of this worth it? Given how you describe these people, even if you get a judgment from the court, it does not sound like they are going to pay it.

1 Answer | Asked in Collections for Georgia on
Q: What legal action are they talking about and how much trouble am I in?

I recently lost my job and couldnt pay for my furniture loan. I asked the furniture place repeatedly to come pick up their furniture and they said it was against policy and they dont do repossessions anymore. I asked what is going to happen than since I cant pay for the furniture. They told me... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 25, 2015

You owe them and can be sued if you do not pay them. Then, they might get a final judgment against you and then they can try to collect on that final judgment by garnishing your wages or seizing your bank account, most likely.

2 Answers | Asked in Collections for Georgia on
Q: I once had Sprint serviced back in 2008, I left that phone company to go to another and I still owed a balance

That phone company is still on my credit because they updated the late paymentsto the credit bureau so does the SOL from the last date I paid or the date which they updated

Robert Jason De Groot
Robert Jason De Groot answered on Oct 2, 2015

Usually from the date of the breach of contract.

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1 Answer | Asked in Collections and Consumer Law for Georgia on
Q: Can a judgement creditor add on other rental related charges to the enforceable amount awarded by the court?

I settled with a property management company for $1277 and then 1 month later received a collection bill for $3942, when I called the collection company I found at that it was for the same thing I went to court for except they had added on another months rent etc.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2015

No. In general if you settled with them and a judgment was entered reflecting the settlement amount, they cannot ask for more.

1 Answer | Asked in Collections for Georgia on
Q: Garnishment and GA Statute Law

I missed court in 2005 and have had repeated garnishments due to a breach I'm payment plan. I'm not working and I'm a student. When I called the collection agency said they world garnish. At this point the statute has run out. What do I need to do and who do I prove it to?

David B. Levin
David B. Levin answered on Aug 24, 2015

I'm not sure exactly what you mean when you say that "the statute has run out". I'm assuming that you're saying that the judgment is no longer enforceable. If that is the case and if you are very certain that the period during which the creditor can renew the judgment has also expired, you may be... Read more »

1 Answer | Asked in Collections for Georgia on
Q: I verbally agreed to owning a debt and made a payment. Can the collections sue me?

Here are the details. I opened this credit card in Mass. I now live in Ga. I got a couple letters threatening to put a warrant out for my arrest if i did not call and negotiate with them. I was scared and stupid so i called verbally agreed that it was my debt, and made a payment. I now just checked... Read more »

David B. Levin
David B. Levin answered on Jul 22, 2015

There are a couple of different issues in play here. As Julie stated, the fact that your credit report is showing the account closed does not impact your liability for the debt.

That said, there are limitations on the actions a collection agency can take that you should be aware of. For...
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1 Answer | Asked in Collections for Georgia on
Q: I lent $50,000 to a private real estate investor who hasn't paid me back. Can I sue them without a lawyer and what court?
Rachel Lea Hunter
Rachel Lea Hunter answered on Jul 11, 2014

Anybody can sue anyone else without a lawyer. However, lawyers went to law school for 3 years and have been practicing law and know the rules. You may or may not. Since you are asking such a basic question as "where do I sue?" I am not entirely confident in your ability to sue someone on your... Read more »

1 Answer | Asked in Collections for Georgia on
Q: Do I need a lawyer to file a 9-11-50?At the time of the default judgement, the judge did not know I live in Germany.

I sent a registered letter from Germany, but it did not reach the courthouse before the judge reviewed the case.

I have lived and worked in Germany for seven years and have never been a resident of the county where the lawsuit was filed.

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

No one needs a lawyer and everyone always retains the right to represent him or herself. However, you would not do brain surgery on yourself nor would you cut your own hair or repair your furnace/ac. By the same way, if you have a legal issue you would see a doctor.

I looked at OCGA §...
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1 Answer | Asked in Collections for Georgia on
Q: what do I do to stop a garnishment

this is a case from 1999 and I filed a traverse less than 6 mo. ago when the same ones garnished me.I dismissed the traverse and they agreed to dismiss the garnishment .Now its back

Rachel Lea Hunter
Rachel Lea Hunter answered on May 9, 2014

File a traverse again then and see if you can get it dismissed. As a practical matter though, the grounds for a traverse are very limited. The garnishment will continue until the judgment is paid off or the debt is settled or the debt is discharged in bankruptcy or the judgment goes dormant and... Read more »

1 Answer | Asked in Collections for Georgia on
Q: I have a credit card bill that is 5 yrs an 4 mos since the last payment.is there a Georgia Statute of Limitation(4yrs)
Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 17, 2014

Yes but it is 6 years not 4 according to the GA courts. See Hill v. American Express, 289 Ga. App. 576, 577 (Ga. App. 2008) (applying the six-year statute of limitations for written contracts).

1 Answer | Asked in Collections for Georgia on
Q: If I have a car repossessed can the repossor charge me to recover my property inside the car?
Rachel Lea Hunter
Rachel Lea Hunter answered on Mar 17, 2014

Not that I am aware of.

1 Answer | Asked in Collections for Georgia on
Q: Made small personal loan on dirt bike no title, recorded on ucc1 he disposed of it whats my options legally

He has filed Chapter 7 bankruptcy and I want to know my criminal options if any.

Rachel Lea Hunter
Rachel Lea Hunter answered on Nov 1, 2013

Was the debt included in the bankruptcy? This was not posted as a criminal law question and I am not a criminal law attorney. It is a crime to conceal or dispose of property that is secured by a security interest.

You indicate that you filed a UCC. Where was the title, if the bike had a...
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1 Answer | Asked in Collections for Georgia on
Q: Can a collection agency sue me for a seven year old medical bill in georgia after 6 years
Rachel Lea Hunter
Rachel Lea Hunter answered on Sep 20, 2013

It depends. The statute of limitations in Georgia for a Georgia debt for most things is 4 to 6 years. The statute begins to run from the time that the bill was owed.

You do not indicate if the bill was incurred in Georgia or whether you made a payment on it. If you made any kind of a...
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1 Answer | Asked in Collections for Georgia on
Q: Is it ok if they repo a truck that is only 33 days late?
Rachel Lea Hunter
Rachel Lea Hunter answered on Aug 16, 2013

Yes, They can repo if only 1 day late. The only way to prevent this is if you are behind, you either file bankruptcy or try to come up with the money to get your car back.

1 Answer | Asked in Collections for Georgia on
Q: Is there a statute of limitations on a civil judgment (credit card debt)in Georgia?
Rachel Lea Hunter
Rachel Lea Hunter answered on Aug 16, 2013

The statute of limitations only applies to the debt. A creditor for a credit card debt or any junk debt buyer has 6 years from the date of your last payment to sue you. If you have been sued and a judgment was already entered, the statute of limitations does not apply.

Judgments in GA, as...
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