Legal Question in Credit and Debt Law in Georgia

court order loan payment --- what happens if not paid


Asked on 3/13/15, 8:27 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You likely ruin your credit for 7 years, and most of the following may happen: you get sued, see your paycheck and bank account garnisheed and see a lien on your house. And if you were ordered to pay in a domestic/divorce case, you may go to jail.

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Answered on 3/13/15, 10:02 am

I don't quite understand. Courts in Georgia that I have dealt with usually do not order loan payments, even after judgment. Its up to the debtor to pay. There would be an exception in cases where parties, maybe prior to or during trial, have reached a consent agreement which has been submitted to the court to get the court to dismiss or resolve an action. In such case, the agreement would state the obligation. If that is what you have, its not really court ordered.

If you default on such an agreement, then the agreement usually provides that the creditor retains all rights of collection/execution. Which means that if a judgment has been entered, the creditor can garnish your wages, levy your bank account or go after any other assets that are owned free and clear.

As noted by Attorney Ashman, if this is a true court order for a domestic case, that is a whole different kettle of fish. These are real court orders and if you do not comply with these, they are enforcible through the contempt powers of the court. What this means is that if you do not comply, the other party files a contempt petition and if you were aware of the court order, had the means to comply and willfully refused to do so, the court will order you to pay up or go to jail until you do.

I suggest that you see a lawyer and pay the lawyer to review whatever you have. If its a domestic issue, see a family lawyer. If its a consumer loan, then you need to see a general consumer attorney or someone who is familiar with debt collection/credit card defense.

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Answered on 3/13/15, 7:40 pm


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