Debt collectors in Georgia: your rights

Your federal rights

These federal rules apply in Georgia and every other state. Georgia's own law, below, can add more.

• Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
• A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
• Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
• When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
• Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
• What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).

Read how to dispute a debt or stop collector calls.

Georgia law and extra protections

Official text

Read the law

Old debts in Georgia

Written contracts

6 years

Open accounts and unwritten agreements

Check your state

Does a payment restart the clock?

Yes. The Georgia Attorney General says that making a payment, promising to pay, entering a payment agreement, or using the account for a new charge can restart the time limit, and it restarts at zero (Georgia AG Consumer Protection Division, 'Ask Consumer Ed', July 17, 2018).

Law

Georgia Attorney General's Consumer Protection Division, Consumer Ed, 'What is the statute of limitations on credit card debt?' (July 17, 2018): credit card debt, generally 6 years.

Official text

Read the law

The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.

Is my debt too old? Check Georgia's time limit

Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.

Wage garnishment and bank accounts in Georgia

Wage limit

Federal limit applies. A creditor can take the lesser of 25% of your weekly disposable earnings, or the amount above $217.50 a week (30 times the federal minimum wage). If you earn less than that, your wages can't be garnished. To claim an exemption, file the claim form that comes with the garnishment notice within 20 days after the garnishee (your employer or bank) files its answer.

Law

O.C.G.A. § 18-4-20 (as listed by the Chatham County courts); Notice to Defendant of Right Against Garnishment, State Court of Chatham County form; 15 U.S.C. § 1673

Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.

Collector licensing in Georgia

License required

No statewide license

Who licenses

No state license. The Georgia Department of Banking and Finance says it does not regulate collection agencies or debt collectors.

If you are sued in Georgia

Time to answer

30 days after you are served, in writing. This is the deadline in both Magistrate Court (statement of claim form) and State Court (summons form). Magistrate Court does not accept answers by phone.

If you don't answer

If you do not answer in writing within 30 days, the court will enter a default judgment against you (Magistrate Court statement of claim form; State Court summons form).

Court self-help

Georgia court self-help (official)

Don't ignore court papers. Read what to do if a debt collector sues you.

Where to complain in Georgia

• Georgia: Georgia Attorney General's Consumer Protection Division · 404-651-8600
• Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
• You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.

Free help in Georgia

• Georgia Attorney General's Consumer Protection Division · 404-651-8600
• Georgia Courts: Self-Help Resources
• GeorgiaLegalAid.org (LawHelp network, free legal aid finder)

Good to know in Georgia

• Georgia does not license debt collectors. The Department of Banking and Finance says it does not regulate them; federal law (FDCPA) still applies (dbf.georgia.gov).
• The Attorney General says you can ask a collector in writing to stop calling. Stopping calls does not stop the collector from suing you or reporting the debt (consumer.georgia.gov).
• The Attorney General says the time limit to sue on credit card debt in Georgia is generally 6 years. If you are sued on a time-barred debt, the Attorney General says you should answer and raise the time limit as a defense. If you don't answer, the collector can get a default judgment and take money from your pay, bank account or tax refund (consumered.georgia.gov).

Free letters to send a collector

Questions about debt collection in Georgia

Other states