§ 18-4-90. Modification of Continuing Garnishment
“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff ) ) v. ) Civil Action File No. ) ) Defendant ) ) ) Garnishee ) Click to view MODIFICATION OF CONTINUING GARNISHMENT To: Garnishee This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-styled […]
§ 18-5-1. Definitions
As used in this chapter, the term: “Debt adjusting” means doing business in debt adjustments, budget counseling, debt management, or debt pooling service or holding oneself out, by words of similar import, as providing services to debtors in the management of their debts and contracting with a debtor for a fee to: Effect the adjustment, […]
§ 18-5-2. Debt Adjusting Permitted
In the course of engaging in debt adjusting, it shall be unlawful for any person to accept from a debtor who resides in this state, either directly or indirectly, any charge, fee, contribution, or combination thereof in an amount in excess of 7.5 percent of the amount paid monthly by such debtor to such person […]
§ 18-5-3. Exemption for Debt Adjustment by Certain Individuals or Entities
Nothing in this chapter shall apply to those situations involving debt adjusting incurred in the practice of law in this state. Nothing in this chapter shall apply to those persons or entities who incidentally engage in debt adjustment to adjust the indebtedness owed to said person or entity. Nothing in this chapter shall apply to […]
§ 18-5-3.1. Annual Requirements for Persons Engaged in Debt Adjusting; Designation of Repository Office
Any person engaged in debt adjusting for debtors residing in this state shall meet the following annual requirements: Obtain from an independent third party certified public accountant an annual audit of all accounts of such person in which the funds of debtors are deposited and from which payments are made to creditors on behalf of […]
§ 18-5-3.2. Timing of Disbursements to Appropriate Creditors; Trust Account Required
Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds. Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors […]
§ 18-5-4. Penalty for Unlawfully Engaging in Business of Debt Adjusting
Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor. Without limiting the applicability of subsection (a) of this Code section: Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be […]
§ 18-5-5. Role of Attorney General in Promulgating Rules and Regulations
The Attorney General shall have the authority to promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this chapter. The authority granted to the Attorney General pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the […]
§ 18-4-71. Affidavit of Garnishment
“IN THE COURT OF COUNTY STATE OF GEORGIA ) Plaintiff: ) ) ) Name ) ) Plaintiff’s contact information: ) ) ) Name ) ) Civil Action File No. Street Address ) ) City State ZIP Code ) ) E-mail Address ) ) Phone Number ) ) Bar Number ) ) v. ) ) Defendant: […]
§ 18-4-87. Plaintiff’s Traverse
“IN THE COURT OF COUNTY STATE OF GEORGIA ) ) Plaintiff ) ) v. ) Civil Action File No. ) ) Defendant ) ) ) Garnishee ) Click to view PLAINTIFF’S TRAVERSE Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same […]