Georgia Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law

State:
Multi-State
Control #:
US-DCPA-42
Format:
Word; 
Rich Text
Instant download

Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not use unfair or unconscionable means to collect a debt. This includes collecting an amount not authorized by the agreement creating the debt or by law.

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How to fill out Notice To Debt Collector - Collecting An Amount Not Authorized By Agreement Or By Law?

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FAQ

In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.

Unpaid credit card debt is not forgiven after 7 years, however. You could still be sued for unpaid credit card debt after 7 years, and you may or may not be able to use the age of the debt as a winning defense, depending on the state's statute of limitations. In most states, it's between 3 and 10 years.

When it comes to debt, the statute of limitations on credit card debt in Georgia is four years. After four years you can no longer be sued for the debt, legally, in a court of law.

Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.

How long can a creditor chase a debt for? The standard time frame for a creditor to recover an unsecured debt is six years. This is known as the limitation period.

Debt collectors can file a lawsuit to get what's called a civil judgment against you for the debt you owe. This court judgment allows the collector to take money directly out of your paycheck through what's called wage garnishment.

In Georgia, the statute of limitations on credit card debt is generally six years. After six years of non-payment on the debt, it becomes time-barred, meaning a collector or creditor cannot sue you to collect the debt.

Debt collectors can file a lawsuit to get what's called a civil judgment against you for the debt you owe. This court judgment allows the collector to take money directly out of your paycheck through what's called wage garnishment. Collectors can only garnish part of your disposable income.

Under the FDCPA, you have the right to sue a debt collector in state or federal court within one year from the date of the violation.

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Georgia Notice to Debt Collector - Collecting an Amount Not Authorized by Agreement or by Law