Debt collection is the process by which a person or entity who is owed money or property seeks payment for the debt. Debt collection may be performed by the person or entity who is owed the debt (the creditor), or may be performed by a third-party debt collector hired by the creditor to collect the debt on behalf of the creditor. Sometimes creditors sell the debt to another entity at a discounted value, and the entity that purchases the debt becomes the creditor.
Debts that are often the subject of debt collection efforts include (1) credit card debt; (2) car or auto loan debt; (3) medical debt; (4) student loan debt; (5) unpaid utility and telephone bills; and (6) personal loan debt.
If you owe money, you have a legal obligation to repay it. But state and federal laws—such as the Fair Debt Collection Practices Act—prohibit debt collectors from using deceptive or abusive tactics to collect the debt.
In Georgia, debt collection is regulated by both state statutes and federal law. The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets national standards for the collection of debts, prohibiting deceptive, abusive, or unfair practices. Debt collectors in Georgia must adhere to these standards when collecting debts such as credit card debt, auto loans, medical bills, student loans, utility bills, and personal loans. Additionally, Georgia has its own set of laws that govern debt collection practices within the state. For instance, the Georgia Industrial Loan Act and the Georgia Fair Business Practices Act provide further protections to consumers. These laws ensure that while creditors or third-party debt collectors have the right to collect legitimate debts, they must do so in a manner that is fair and respectful of the debtor's rights. Debtors in Georgia who believe a debt collector has violated state or federal law may have legal recourse and should consider consulting with an attorney to understand their rights and potential remedies.