Legal Question in Credit and Debt Law in Georgia

In haggling with a debt collector they stated there is a federal law preventing them from extending payments over three months. Can't find anything supporting this online. Help?


Asked on 1/28/12, 6:35 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can't find it because you are dealing with a liar.

Never ever speak verbally with a debt collector. If you do see a need to negotiate, do everything in writing. If you had this in writing, you'd likely be able to sue the liar for damages under federal law.

Now that you know you are dealing with someone completely untrustworthy, cease all communication with him. If you do want to work something out with the creditor, contact his superior, in writing.

Be aware that written contact also is often a bad idea, as you may end up paying a debt for which you have legal defenses or options.

So a better idea is to consult a lawyer as to whether bankruptcy is an option, or as to how to negotiate repayment. You will probably cost yourself money by using Google rather than a lawyer.

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Answered on 1/28/12, 6:41 am

Debt collectors lie! What a shock. Some creditors/collectors will allow payments over a longer period and some will not. Generally, I don't like long term payment plans for my clients - I had a bad experience where the creditor (a debt collector) went bankrupt. For this reason, I try to keep payments within 1-6 months/pays. If you don't have the funds, then save up until you do. Deals will still be there a month or so from now, depending on your situation.

Attorney Ashman is right - while you certainly can deal with a debt collector on your own, sometimes its not a good idea. Debt collectors are less likely to pull crap with you if they are dealing with a licensed attorney. Further, collection of the debt could be barred by the statute of limitations and you don't want to start negotiating a settlement until you know your options.

I assist clients in resolving their debt for a reasonable fee outside of bankruptcy. Please contact me at [email protected] if interested.

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Answered on 1/29/12, 11:13 pm


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