Georgia Agreement and Assignment of Judgment for Collection to Collection Agency

State:
Multi-State
Control #:
US-02705BG
Format:
Word; 
Rich Text
Instant download

Description

The Fair Debt Collection Practices Act (FDCPA) prohibits harassment or abuse in collecting a debt such as threatening violence, use of obscene or profane language, publishing lists of debtors who refuse to pay debts, or even harassing a debtor by repeatedly calling the debtor on the phone. Also, certain false or misleading representations are forbidden, such as representing that the debt collector is associated with the state or federal government, stating that the debtor will go to jail if he does not pay the debt. This Act also sets out strict rules regarding communicating with the debtor.
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FAQ

If the defendant is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award. The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property.

Regardless of how the judgment is obtained, there are three main options to consider in attempting to collect on the judgment. Filing a Garnishment. First, a party may pursue a garnishment. ... Recording a Writ of Fieri Facias. ... Conducting Post-Judgment Discovery.

A collection lawsuit submits the issue to a judge who decides whether you owe money to the creditor and, if so, the exact amount due. A judgment is the court's final decision as to the outcome of litigation. This signals the end of the case and provides the last word on liability.

Money judgments automatically expire (run out) after 10 years. To prevent this from happening, you as the judgment creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.

While debt collectors are not prohibited from making reasonable attempts to collect legitimate debts or from suing you, consumer protection laws do prohibit deceptive and unfair debt collection practices and protect you from harassment, abuse and invasion of privacy.

Upon six years since a default expiry, the debt will become time-barred. This means that a creditor or collector will not be able to go to court to obtain civil judgments compelling the debtor to pay.

What kind of property is subject to a judgment lien under Georgia law? In Georgia, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables.

The Official Code of Georgia Annotated 9-12-60 addresses the general terms and conditions of judgments in the State of Georgia. This statute was designed to clearly define the force an effect of a judgment taken within Georgia. In Georgia, a judgment is valid and enforceable for seven years from the date it is granted.

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Georgia Agreement and Assignment of Judgment for Collection to Collection Agency