Debt Collection Laws in Georgia

Edited by Hannah Locklear

Summary: If a collection agency is pursuing you for debt in Georgia, you need to understand your rights and prepare for any actions the agency can take against you. George debt collection laws prevent debt collectors from lying, harassing, and intimidating in order to collect money owed. If you’ve been sued for debt in Georgia, SoloSuit can help you protect your rights and defend yourself in court.

When you check your mail each day, you’re probably not expecting a debt collection notice. Debt collection letters are incredibly frustrating, especially if you know you owe the money but don’t have enough to repay it. If you receive one, you know that more will come, along with many phone calls and emails.

Debt collectors aren’t known for being the most reputable of characters, and some collection agencies may use illegal tactics to collect debts. Remember, no one can harass or abuse you, even if you owe them money.

Sued for debt in Georgia? SoloSettle can help you settle your debt and avoid going to court.

Georgia’s Fair Business Practices Act regulates collection agencies

The Fair Business Practices Act (FBPA), or O.C.G.A. § 10-1-391, applies to collection agencies in Georgia. Under the FBPA, collection agencies cannot use deceptive practices to collect a debt from a consumer. Specifically, collection agencies cannot do any of the following:

• Pretend to be someone they’re not, like an officer of the law.
• Fail to identify who they are in written or spoken communications.
• Obtain your information from a consumer reporting agency under false pretenses.

Georgia recognizes federal legislation concerning debt collectors, including the Fair Debt Collection Practices Act (FDCPA). The FDCPA prohibits debt collectors from taking the following actions:

• Contacting the debtor at work if the debt collector knows the employer does not permit the calls.
• Telling other people, like the debtor’s friends or colleagues, about the debt.
• Continuing to contact the debtor if the debtor expressly asks them not to in a written letter, unless the collection agency intends to invoke legal action.
• Using obscene language when communicating with the debtor concerning a debt.

If you believe a collection agency is harassing you or using deceptive means to collect a debt, you should file a complaint with the Georgia Department of Law’s Consumer Protection Division and the FTC.

Pay attention to Georgia’s statute of limitations on debts

Once a debt becomes time-barred due to Georgia’s Statute of Limitations laws, a collection agency cannot take legal action against you to collect a debt. The Statute of Limitations laws for various types of obligations are as follows:

Statute of Limitations on Debt in Georgia

Debt Type	Deadline
Credit Card	4 years
Medical	6 years
Student Loan	6 years
Auto Loan	6 years
Mortgage	6 years
Personal Loan	6 years
Judgment	7 years
Ga. Code § 9-3-25, § 9-3-24, and § 9-12-60

If a collection agency tries to sue you for a time-barred debt, these actions violate the FDCPA and Georgia state laws. You should file an Answer with your court indicating that the obligation is time-barred, along with any supporting evidence you have.

You may also file a complaint with the FTC and the Georgia Department of Law’s Consumer Protection Division.

How to handle a debt collection notice in Georgia

If you’re on the radar of a collection agency in Georgia, try to approach the situation objectively, no matter how frustrated and angry you feel. Carefully read the letters you receive and determine whether you recognize the debt. The letter should include the original creditor's name and identifying information, like your account number.

You should compare the amount the collection agency requests with your records. Sometimes, collection agencies will inflate the amount you owe, whether accidentally or otherwise. Note any discrepancies you find.

Next, you’ll want to request debt validation from the collection agency. The FDCPA provides you with 30 days to request proof from the initial receipt of a debt collection notice. After 30 days, the collection agency assumes the obligation is valid.

In your Debt Validation Letter, you should request the following:

• Proof the collection agency has the right to collect the debt from you.
• Calculation of any additional fees or interest the collection agency includes with your obligation.
• Confirmation that the debt isn’t past the Georgia Statute of Limitations on debt.
• A record of the last transaction you made concerning the account.

If you need help writing a Debt Validation Letter, use SoloSuit’s Debt Validation Letter template.

After you request a debt validation, the collection agency must cease further activity until it provides the requisite details.

What happens after a collection agency validates a debt

If the collection agency can supply evidence that the debt is yours and it has the right to collect it, you’ll need to make some decisions. If the debt isn’t past the Statute of Limitations, the agency may try to sue you if you don’t take any action to repay the bill.

You have three options for resolving the debt and avoiding court: setting up a payment arrangement, repaying the debt, or settling it.

A payment arrangement allows you to make regular payments toward the debt’s balance. The payments continue until you fully repay the obligation.

Repaying the debt requires you to come up with the entire balance at once. If you repay the debt, you’ll no longer need to worry about the collection agency or a potential lawsuit. However, repaying a debt may be tricky if you have little extra income or savings.

Your last option is settling the debt. A collection agency may accept a settlement offer for less than the total amount of the obligation if it thinks it’s unlikely to collect the entire balance from you.

Let’s consider an example.

Is a Georgia collection agency suing you for debt? SoloSuit can help you respond in court and stand up for your rights. Check out the following video to learn more about how to win your Georgia debt collection lawsuit:

Georgia debt collection laws align with the FDCPA

Georgia follows the federal debt collection guidelines set forth by the FDCPA. If a collection agency is pursuing you for money, look out for potential violations, and don’t hesitate to file a complaint. Your complaint will put the collection agency back in its lane, and it will need to stop any actions that violate your rights.

Don’t let a Georgia debt collector win a lawsuit against you! Settle the debt with SoloSettle.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

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Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

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• Northstar Capital Acquisition
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• PMAB LLC
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• PYOD LLC
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• Revenue Group
• Regents and Associates
• RSIEH
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• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
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