Legal Question in Credit and Debt Law in Georgia
Debt Collection
I have been contacted by mail by a Law Firm representing the company I owe 420 dollars to.
They were sending me a bill monthly and I was paying from 50 to 10 dollars monthly on this bill. Now these lawyers are trying to collect the balance in full. I do not have the 420 dollars.
I have heard, ''as long as your paying something on the debt, they cannot do anything to you.''
Is this true? I have had to pay off many a debt that way and never had any trouble. Hospitals etc. all want it all at once.
What can I do, what can they do?
3 Answers from Attorneys
Re: Debt Collection
What you "heard" - basically, allowing someone to make up their own payment plan regardless of the terms of their true agreement or obligation - is a myth.
Re: Debt Collection
You might not be protected from being sued simply because you're paying installments. However, as soon as a lawyer threatens to sue for nonpayment or a collection agency threatens every consumer should obtain the advice of an attorney who has significant experience in the Fair Debt Collection Practices Act and other consumer related collection laws. There are many in Georgia who provide free or low cost consultations. They can tell you in detail your rights under the law, including possible counterclaims you may have. Moreover, if necessary, you can obtain advice on how to finally resolve this matter.
Re: Debt Collection
Unless you have a written payment schedule with them that you are honoring, they can sue you, and then later seize your bank account and part of your paycheck and other assets as well.
If you are only paying $10 a month, they have a higher chance of suing than if you pay maybe $50 or $100.
If you have other debts, you should talk to a lawyer about the possibility of bankruptcy. If not, you can likely negotiate a WRITTEN payment schedule.