Sued for Debt in Georgia
Timing matters. If you have been served, do not ignore the summons. Call us right away.
Many people reach us after a creditor has filed a lawsuit. A lawsuit is not the end of the story — but it is not something to toss in the trash. Read the papers. Note the answer deadline. Call (404) 913-6992. Our team will schedule a free consult and give you options for how to deal with the lawsuit: debt settlement, Chapter 7, or Chapter 13.
What a Georgia debt lawsuit usually means
A creditor or debt buyer files a complaint and has you served with a summons. If you don’t answer within 30 days, they will get a default judgment. After a judgment, they can file a wage or bank garnishment against you and place a lien against your home.
You do not have to face this lawsuit alone. We are a full-service debt relief law firm. If you already know you want to settle the lawsuit, we can negotiate. If you want bankruptcy protection, we file Chapter 7 or Chapter 13 for you.
Three options.
Settlement can resolve a sued account when you can afford to fund an offer. It does not automatically stop a lawsuit the way a bankruptcy filing does. Filing Chapter 7 or Chapter 13 will immediately stop the lawsuit. Chapter 7 will give you a discharge of unsecured debts — including credit card and personal loan lawsuits — if you qualify. Chapter 13 can give you a chance to pay that debt and others over time at a payment you can afford.
Debt settlement
Negotiate eligible debts for a lump sum or payment plan.
Chapter 7
Wipe out virtually all unsecured debt if you qualify. Keep house, car, and stuff in most cases.
Chapter 13
One payment. Stop foreclosure or repossession through the automatic stay.
Do not ignore post-judgment papers
You cannot be jailed in Georgia simply for not paying a consumer debt, however there is one dangerous exception people miss: post-judgment interrogatories. Those are written questions that arrive after a judgment. Fail to answer in time, and the creditor can ask the court to hold you in contempt and put you in jail. That is not jail for the debt — it is jail for not answering the questions. If you receive post-judgment papers, call us immediately.
If pay is already being taken
A judgment often leads to wage garnishment. Georgia wage garnishments can withhold 25% of your disposable earnings. Settlement may still be worth exploring if you have funds. Bankruptcy can stop a garnishment through the automatic stay and, in some cases, recover money already taken.
For the broader comparison, see settlement vs bankruptcy.
What filing can stop
- Lawsuits
- Wage garnishment
FAQs
Can I go to jail for not paying a credit card or medical bill?
What if I already have a judgment?
A judgment can lead to wage garnishment, a bank garnishment, or a lien on your house. Settlement may still be possible. Bankruptcy’s automatic stay can also provide you relief once a case is filed. Call promptly and bring the paperwork.
What are post-judgment interrogatories?
Creditors we have experience with
These are some of the credit card companies, debt buyers, and collection firms we have dealt with many times for Georgia clients in bankruptcy and debt settlement.
Credit cards / banks
- Capital One
- Citibank
- Synchrony Bank
- Credit One Bank
- Comenity Bank
- Discover Bank
- American Express
- JPMorgan Chase
Debt buyers
- LVNV Funding
- Midland Credit Management
- Midland Funding
- Portfolio Recovery Associates
- Resurgent Capital Services
- Cavalry SPV
- Jefferson Capital
- Crown Asset Management
Collection firms
- Lloyd & McDaniel
- Stenger & Stenger
- Law Office of Emmett L. Goodman, Jr.
- Aldridge Pite Haan
