Victims of debt collector harassment in Georgia should follow the federal Fair Debt Collection Practices Act (FDCPA) since Georgia does not have a state fair debt law for consumers. Some guidelines from the FDCPA include:
- Collectors cannot try to collect on an invalid debt
- The collector cannot misrepresent documents by making correspondence appear to be legal documents when its not
- Creditors can never threaten or misrepresent him or herself when contacting a debtor
- Collectors may only contact debtors between 8am and 9pm unless you indicate otherwise
- Collectors must send all correspondence in an unmarked envelope--no postcards or stamps outside the envelope indicating it is from a collections agency
- If you are being represented by an attorney, the debt collector must communicate with you through your lawyer
- You can dispute the debt in writing within 30 days of receiving the first notice--the collector cannot contact you again until your notification mails
If creditors violate Fair Debt Collections Practices Act rules, you can sue. A lawsuit in the debtor’s favor may result in the award of actual damages or $1,000 (whichever is higher), in addition to attorney fees.
Georgia Statue of Limitations (SOL)
Georgia has a four-year statue of limitation (SOL) on open accounts such as credit cards, which means you can only be contacted for up to four years regarding an outstanding credit card debt. For written contracts you have up to six years.
In terms of wage garnishment, federal law applies, however Georgia appears to protect fewer areas of incomes than other states. Social security is protected under Georgia law and these few areas are exempt:
- Some pensions and retirement benefits--public or state workers are protected but pensions for municipal and private employees may not
- Limited public benefits/assistance such aid to the blind and disabled
- Some insurance and annuities up to $250 per month
Georgia Credit Card Debt Relief Act of 2010
The Credit Card Debt Relief Act of 2010 has streamlined the methods for repaying debt and regulated how collectors work with debtors. The Act has impacted debt relief collections several ways:
- The number of fraudulent or weak performing credit card companies are gone
- Reduces the chances of falling victim to fraudulent debt settlement companies due to new Federal Trade Commission (FTC) reforms
- Increased, open communication from creditors--more information is provided to help you eliminate your loans
- Debt settlement companies cannot request upfront fees from clients