Being served with a debt collection lawsuit in Georgia is nothing more than having either a private process server or a sheriff come to your home and hand the lawsuit to either you or someone of an appropriate age (at their discretion). Despite popular belief, you do not have to sign anything to be served […]
The statute of limitations on a credit card debt in Georgia is six years. The Court of Appeals of Georgia determined that credit card agreements are contractual obligations and Georgia law provides a six year statute of limitations on lawsuits based upon contracts. This means that starting with the date upon which you became in […]
Just because a debt is charged off by a creditor this does not mean the debt is forgiven or not collectible. Often times, the creditor will sell the debt after it is charged off.
A while back, the Association of Credit and Collection Professionals, or ACA International, released an article dispelling myths about consumer debt collection. Read the article here. The article addresses four “Myths” regarding debt collection. Of course, the smart consumer must consider the source of the information as well as the motives at work in this […]
In Georgia, a garnishment is a collection proceeding that takes place after a judgment has been entered against a person. A judgment holder can garnish an account, such as a bank account, or initiate a continuing garnishment against a person’s wages. In many cases, the judgment holder is a third party debt buyer who never […]
The Importance of Saving Dunning Letters from Debt Collectors A “dunning” letter is simply a payment demand letter from a debt collector. These letters simply bring about a feeling of anxiety and a concern about credit, lawsuits, or even more severe consequences depending on how vicious and unlawful the debt collector’s practices may be. Naturally, […]
A traverse is a legal document filed with the Clerk of Court by which defendant contends that the facts contained in the affidavit of garnishment, amounts, underlying judgment, or the garnishment action itself, or other matters are incorrect. Without filing a Traverse, the Defendant/Judgment Debtor is actually not a “party” to the garnishment action. That […]
3rd Party Junk Debt Collection Lawsuits are filed by the thousands against consumers, clog the courts and are often filed by Midland Funding, LVNV, Gemini Capital, Portfolio Recovery and many more with little more no documentation of the underlying debt.
Debt Collectors and their attorneys can often get some of the most useful and destructive information from the consumer himself or herself. Debt Collectors are trained in how to get personal information, such as dates of birth, social security numbers, addresses, bank account numbers, and other such information directly from the consumer with […]
What is a garnishment in Georgia? A garnishment is a collection action that takes place once a party to a lawsuit has a judgment against a defendant. This means that there was already a case and it was already lost. People cannot be garnished just because someone says they owe money. It is only after […]