If you’re dealing with aggressive debt collectors in Georgia, you’re not alone. Every day, collectors contact thousands of Atlanta, Savannah, and Augusta residents trying to collect debts. Some follow the rules. Others cross lines they shouldn’t. Understanding what collectors can and cannot do makes all the difference in protecting yourself and your family.
What Federal Law Says About Debt Collection
The Fair Debt Collection Practices Act sets the ground rules nationwide. Third-party collectors—companies hired to collect debts for others—must follow strict guidelines. They can’t call you before 8 AM or after 9 PM, and they can’t harass you with repeated calls. Also, they can’t lie about who they are or what you owe.
The FDCPA protects you whether you live in Columbus, Macon, or Athens. These aren’t suggestions. They’re legal requirements. According to Federal Trade Commission data, debt collection complaints consistently rank among the top consumer issues reported nationwide.
But here’s what many Georgians don’t realize: your state provides additional protections that go beyond federal law.
How Georgia Strengthens Consumer Protections
Georgia’s Fair Business Practices Act prohibits deceptive practices in consumer transactions. This includes misleading tactics by debt collectors. The state also regulates collection agencies through licensing requirements, ensuring only legitimate companies operate in Georgia.
If a collector violates these rules, they face consequences. The Georgia Governor’s Office of Consumer Protection investigates complaints and can take action against companies engaging in unfair practices. They work alongside federal agencies to protect consumers in Roswell, Sandy Springs, and throughout the state.
Georgia courts have consistently held that consumers deserve fair treatment. Several cases have resulted in significant penalties for collectors who ignored the rules. Companies like Performant Financial Corp and others must respect these boundaries.
Your Right to Verify What You Owe
Here’s something powerful: collectors must prove you owe the debt. Within five days of first contacting you, they must send written notice explaining the debt and your rights. This notice should tell you how much they claim you owe and who the original creditor was.
You have 30 days to dispute this in writing. Send your dispute via certified mail—keep that receipt. Once they get your letter, everything stops. No more calls. No more letters. Not until they send you proof.
What counts as proof? Documents showing you actually took out the debt, statements showing charges, and something connecting you to the account. If they can’t provide this, they must leave you alone. They should also remove any negative marks from your credit report.
Many collectors in Valdosta, Warner Robins, and Albany hope you won’t ask questions. They count on you feeling intimidated. Don’t be. According to National Consumer Law Center research, proper validation stops many illegitimate collection attempts.
Time Limits on Suing You for Old Debts
Georgia gives creditors six years to sue you for most written contracts, including credit cards. Count from your last payment or the last time you used the account. Once six years pass, the debt becomes “time-barred.”
Here’s what that means: collectors can still ask you to pay. They can call and send letters. But they cannot sue you in court. If they threaten a lawsuit on time-barred debt, they’re likely violating federal law.
Be careful, though. Making even a small payment can restart that six-year clock. So can acknowledging the debt in certain ways. If someone contacts you about a very old debt in Johns Creek, Alpharetta, or Marietta, talk to an attorney before doing anything.
When Collectors Take You to Court
Getting sued is serious. Ignoring the lawsuit guarantees you’ll lose. Georgia gives you 30 days from service to file an answer with the court. Use every one of those days wisely.
Your answer needs to respond to what they’re claiming. Did you really take out this debt? Is the amount correct? Do they have the paperwork proving you owe them? Can they prove the statute of limitations hasn’t expired?
Maybe the debt isn’t even yours. Identity theft happens. Maybe you already paid it. Maybe they’re suing for way more than you actually owe. These are defenses you can raise.
Don’t try handling this alone. Most attorneys who help with debt collection cases work on contingency—you pay nothing unless you win. They know the tricks collectors use. They know Georgia court procedures. They’ll spot defenses you might miss.
What Collectors Can Take If They Win
If a creditor gets a judgment against you, they can garnish your wages. Federal law caps this at 25% of your take-home pay, or the amount your weekly pay exceeds 30 times the federal minimum wage—whichever is less. Georgia follows these federal limits.
Some income is protected. Social Security, SSI, veterans benefits, unemployment, and workers’ compensation generally can’t be touched for consumer debts. If you only receive protected income, collectors can’t take it.
Georgia also protects certain property. You get exemptions for your home (up to a certain equity amount), one car, clothing, household items, and tools you need for work. But you must claim these exemptions—they don’t apply automatically. This matters whether you’re in Smyrna, Stonecrest, or Peachtree Corners.
How Debts Affect Your Credit
Collection accounts devastate credit scores. They can stay on your report for seven years from when you first fell behind with the original creditor. Even paying won’t remove them, though newer scoring models care less about paid collections.
The Fair Credit Reporting Act gives you the right to dispute inaccurate information. If a collector reports the wrong amount, says you owe something you don’t, or keeps reporting after you paid, dispute it with the credit bureaus.
You get free credit reports annually from each bureau. Check them. Mistakes happen constantly. Wrong amounts. Duplicate entries. Debts that aren’t yours. The bureaus have 30 days to investigate your dispute.
Stopping the Robocalls
Many collectors use automated systems to blast out thousands of calls. The Telephone Consumer Protection Act restricts this. They need your permission before using autodialers or prerecorded messages on your cell phone.
Just having your number on an old application doesn’t count as permission. You can revoke consent anytime. Tell them clearly: “Stop calling me with automated calls.” Document when you said this.
TCPA violations can cost collectors $500 to $1,500 per illegal call. If you’re getting bombarded with robocalls in East Point, Gainesville, or Hinesville, those could add up to significant damage.
How The Wood Law Firm Helps Georgians
We’ve spent over a decade fighting for consumers facing abusive collection practices. Our focus stays on three federal laws: the FDCPA, FCRA, and TCPA. These laws give consumers powerful tools to fight back.
Attorney Jeff Wood brings 15 years of consumer protection experience. While based in Arkansas, his federal court admissions span multiple jurisdictions. More importantly, we work with Of Counsel attorneys licensed in South Carolina and other states, giving us a nationwide reach.
Here’s what matters most: we work on contingency. You pay nothing up front. If we win your case, the collector often has to pay your attorney fees on top of damages. This levels the playing field. Learn more about our approach to consumer protection.
The Wood Law Firm has helped clients in Savannah stop harassment after months of abusive calls. We’ve secured settlements for Atlanta residents whose credit was damaged by false reporting, also fought for families in Columbus facing illegal collection tactics.
Real Stories from Georgia Consumers
“They called my mother, my sister, even my boss. They told everyone I owed money. I was humiliated. The Wood Law Firm explained this violated my privacy rights. They handled everything, and I received $2,500 in damages.” – Patricia, Atlanta
“A collector sued me for a debt from 2011. I was terrified. The Wood Law Firm showed me Georgia’s six-year statute of limitations had passed. They filed my answer, the case got dismissed, and I didn’t pay anything.” – Marcus, Augusta
“I kept getting robocalls at work. Ten, fifteen times a day. My supervisor was getting angry. The Wood Law Firm filed a TCPA claim. We settled for several thousand dollars based on the number of illegal calls.” – Jennifer, Savannah
What You Should Do Right Now
Stop feeling helpless. Document everything. Every call, every voicemail, every letter. Write down dates, times, and what was said. This evidence becomes crucial if you need to take action.
If you don’t recognize a debt, request validation immediately. Send that letter within 30 days. Don’t let them intimidate you into paying something you don’t owe.
If you’re being sued, don’t ignore it. You have 30 days to respond. Use them. Get help if you need it.
Call The Wood Law Firm at +1 844-638-1122 for a free consultation. We’ll review your situation, explain your options, and help you decide the best path forward. No fees unless we recover money for you. Check our privacy policy to see how we protect your information.
Common Questions Georgia Consumers Ask
What can I do if a collector keeps calling my workplace?
Tell them clearly that your employer prohibits personal calls. Do this in writing. If they continue after being notified, they’re likely violating federal law. Document every call after you told them to stop.
How long can collections stay on my credit report in Georgia?
Seven years from when you first fell behind with the original creditor. Paying the debt doesn’t reset this clock. The seven-year period stays the same.
Can collectors take my Social Security benefits?
Generally no. Federal benefits like Social Security, SSI, and VA benefits are protected from garnishment for consumer debts. However, be careful about mixing these funds with other money in your bank account.
What if the debt is from more than six years ago?
Georgia’s statute of limitations for most debts is six years. After that, collectors can still contact you, but they can’t sue. If they threaten legal action on time-barred debt, that’s likely illegal.
Should I pay a debt that’s about to fall off my credit report?
Think carefully. Paying won’t remove it from your report. It might even update the “date of last activity,” making it look more recent. Get advice before paying off old debts near the seven-year mark.
What happens if I can’t afford to pay the judgment?
Georgia law protects certain income and property from seizure. If you’re judgment-proof—meaning you have only exempt income and property—collectors can’t take anything even with a judgment. But this is complex. Get legal advice about your specific situation.
Can I be arrested for not paying a debt?
Absolutely not. Consumer debt is civil, not criminal. Any collector threatening arrest is breaking the law. Report this immediately and consider legal action.
How do I know if a collection agency is legitimate?
Check with the Georgia Governor’s Office of Consumer Protection. Licensed agencies should be registered. Be wary of collectors who refuse to provide written information or who use high-pressure tactics.
What if the debt isn’t mine due to identity theft?
Report the identity theft to the police and the FTC. Send the collector a written dispute explaining it’s fraudulent. They must stop the collection and investigate. You might need to file an identity theft report with the credit bureaus, too.
Does hiring an attorney mean I’m admitting I owe the debt?
Not at all. Attorneys help whether you owe the debt or not. They ensure collectors follow the law, protect your rights. And they negotiate better terms if you do owe. There’s no shame in getting professional help.
Take Control of Your Situation
You have rights. Georgia law and federal law both protect you from abusive collectors. You don’t have to face this alone.
The Wood Law Firm has helped hundreds of consumers stop harassment, fix credit report errors, and recover damages for violations. We understand the stress you’re feeling. We know how to fight back.
Don’t wait until collectors sue you, or let them damage your credit with false information. Also, don’t suffer through months of harassing calls.
Call +1 844-638-1122 now for a free case review. Our team responds within 15 minutes. We’ll listen to your situation, explain your options, and help you decide what to do next. No pressure. No fees unless we win.
You deserve fair treatment. Let us help you get it.
