Legal Question in Credit and Debt Law in Georgia

I was recently served by a collection agency for a debt that they are saying I owe. Reading over the papers it says I owe for a credit card. When I tried to contact the plaintiffs office to inquire about it. I received no response. When I submitted my answer to the court I advise them that I do not agree with it because I don't know what the credit card is. I ask them to send me something telling me what the credit card is that I owe. They will not send me anything and are now threatening to garnish my wages. Can they do that without me know what the debt is that they are claiming I owe?


Asked on 9/21/12, 11:59 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

When you get sued you need a lawyer. It sounds like, in not getting one, that you waived any defenses you may have had and lost the case. There are proper ways to do an answer and discovery, and when you screw them up (and by your own description you did everything wrong), you lose. The garnishment happens after you lost and it is now too late to assert defenses. Either you pay them off, let the garnishment happen, or see a lawyer about bankruptcy.

You had many rights that you flushed down the toilet including a statute of limitations (possibly), discovery (which would have produced teh documents you sought), etc. The next time you get sued, hire counsel.

If you plan to go bankrupt to avoid garnishment you still need counsel. Good luck.

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Answered on 9/22/12, 6:17 am

You did not handle this the correct way. Creditors do not have to attach anything to complaints. If no proof is attached, then you have to request this in discovery, if allowed. If the creditor is "threatening" (its not a threat - its reality and is going to happen if you work for W-2 wages in GA) and a Fieri Fascias was issued following a judgment.

You can either have the file reviewed by an attorney to see if there is any way to get the judgment opened. Or you can use the money to try and resolve the debt. If you have a lot of debt, consider bankruptcy. If you do nothing, then the creditor can garnish up to 25% of your disposable pay. You do not indicate how much is owed. Most creditors, if this is for something like a credit card debt will settle for between 50% anf 80% of the debt if you can afford to pay. Otherwise. maybe you can wotk out a payment arrangement so that the creditor will not garnish wages or levy on other assets.

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Answered on 9/25/12, 12:32 am


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