Legal Question in Credit and Debt Law in Georgia
bill collection
my husband and I had a bill sent to a collection agency. We had payment arrangements. We went together and made the first payment, I made the second, he made the third. They say we only made 2. We missed the next 2. They called 2 weeks ago and told him they were sending to a lawyer to garnish his wages unless we paid. He said I will come in on friday I am off that day and make a payment, she said ok, then she said we have 30 days to pay the rest. We went friday, she said we have already sent it off, we have you down to come yesterday and you didn't. She took the payment and said we lost the 30 days, we have 2 weeks to pay the rest. We kept our agreement this time, they put the wrong date down. Do we still have any right to the 30 days? He tried to call and talk with her, but she states we missed the date and if we don't come within 2 weeks it will be sent for garnishment.
1 Answer from Attorneys
Re: bill collection
In dealing with any collection agency you need to protect yourself. That protection includes tape recording phone conversations (by permission by the caller if the law does not permit secret recording) and sending all payment certifed mail/return receipt or priority mail/celivery confirmation. Georgia allows secret recording of conversations.
The most important thing, unless they received a judgment against you or there is some confessed judgment document you signed, they cannot garnish your wages without a court order. The best thing for you is that false statements about garnishment MAY be against the law and MAY entitle you to damages. You should seek the advise of an attorney who specializes in consumer law. The best source of these attorneys are those who are members of the National Association of Consumer Advocates. There are a number of attorneys in Georgia who you can call to obtain information about your rights.
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