The Rules for Collecting On Debts in Georgia

Debt collectors pursue past due bills, including credit card balances, outstanding installment loans and cell phone bills. As a Georgia resident, state and federal laws protect you from unfair debt collection practices. Some bill collectors may repeatedly call your home and work demanding money; others may also make outright threats concerning your personal freedom if you don’t pay up. While this can be frightening, remember that in the United States there is no longer a “debtor’s prison.” If you didn’t commit fraud, then you cannot be prosecuted for past due debts. Learning about your rights as a Georgia resident who owes money can enable you to stand up for yourself if you are a victim of abusive collection practices.

Telephone Call Rules

Bill collectors can only legally call you during certain hours, according to the Georgia Governor’s Office of Consumer Affairs website. As of 2010, the hours in which a debt collector can legally call a Georgia resident are between 8 a.m. and 9 p.m.; the debtor’s time zone applies and not the debt collector’s time zone.

If you ask a bill collector to stop calling you, they must do so or be in violation of Georgia state law as well as the federal Fair Debt Collection Practices Act (FDCPA.) However, the consumer must contact the collection agency in writing to request that the calls stop.

Debt Confidentiality Rules

Under Georgia state law as well as the FDCPA, debt collectors can only talk to you or your attorney about the situation. Collection agency representatives can make “information seeking” calls to your relatives, friends, neighbors or employer attempting to locate you. However, they cannot give specific details about the situation such as how much money you allegedly owe. Also, a bill collector calling other people to find you can only legally give the name of their agency if the party called requests such information.

Abusive Debt Collection Tactics

If a debt collector threatens or verbally abuses you, he has violated state and federal laws, according to the Georgia Governor’s Office of Consumer Affairs website. A bill collector cannot legally use obscene or profane language, threaten violence, threaten criminal prosecution or threaten harm to your residence or other property. Also, a collection agency representative is legally barred from calling you and not stating he is a debt collector, cannot use a false name when trying to contact you and is also not permitted to claim he is a government employee or contractor.

References

• Georgia Governor’s Office of Consumer Affairs: Debt Collectors