Legal Question in Credit and Debt Law in Georgia
I moved from Atlanta to India during 2005 and didn't close the credit cards. I still owe some money to the Credit Cards. I have given my friend's local address for communication. After 3 years now my friend is getting calls from the collection companies for this amount.
I am really in a bad financial situation however would like to pay the amount without interest in small payments.
What is the best way to deal with the situation? The collection company has said this case will be handed to Georgia Fraud department for further actions.
What should my friend do immedialty so that he is out of this pain. I wanted to face the issue but need some advice on best way to handle this.
request you advice on this.
1 Answer from Attorneys
First and foremost, your friend can write a letter pursuant to the Fair Debt Collection Practices Act demanding that they cease contacting him. The letter should be sent via certified mail with return receipt requested. Once he does that, all contact should cease. Since your friend has nothing to do with the cards (other than having his phone number/address listed for contact information), he should have nothing to worry about it.
Unless you opened the cards and ran up a credit card debt with the intention of moving to India to avoid paying such debt, practically speaking, I'm not sure what action the "Georgia Fraud Department" could do unless you own property in the United States. Keep in mind, the company is most likely referring to an internal department in their company, and not an official government agency or body.
You may want to call the credit card companies, inform them that you are living in India, and would like to reduce the debt and enter into a payment plan. They may agree to do so if they assume the alternative is not collecting any money. If you do enter into any agreement, the best business practice is to have an attorney review it, but undoubtedly, make sure the agreement is provided to you in writing. Ideally, it should be sent to your address in India, too.
DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, my analysis is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give.
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