Dealing With Debt Collectors in Georgia (2026)
Reviewed by DocDraft Legal Team · Georgia · Last updated August 13, 2026
This page covers dealing with debt collectors in Georgia, where the statute of limitations on debt depends on the type of obligation: six years for a simple written contract under O.C.G.A. 9-3-24, and four years for an open account or credit card under O.C.G.A. 9-3-25. Georgia has no comprehensive state fair-debt-collection act, so the federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. 1692) is the main rulebook for third-party collectors. Georgia caps consumer-debt wage garnishment at 25 percent of disposable earnings under O.C.G.A. 18-4-5 and protects a homestead and other property under O.C.G.A. 44-13-100. Complaints go to the Georgia Attorney General's Consumer Protection Division.
What is the statute of limitations on debt in Georgia?
It depends on the debt type. A simple written contract has a six-year limit under O.C.G.A. 9-3-24. An open account or credit card debt has a four-year limit under O.C.G.A. 9-3-25, and an oral contract is also four years. Once the period runs, a collector can no longer win a lawsuit to force payment.
Can my wages be garnished for consumer debt in Georgia?
Yes, but only after a creditor gets a court judgment. Under O.C.G.A. 18-4-5, a garnishment can take the lesser of 25 percent of your disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage. Social Security and certain benefits are exempt under state and federal law.
How do I stop a debt collector from contacting me in Georgia?
Send the collector a written cease-communication letter under 15 U.S.C. 1692c(c). Once it receives your letter, it must stop contacting you except to confirm it is stopping or to say it may pursue a specific remedy, such as suing. Keep proof of mailing. Georgia has no separate state cease-contact statute; the FDCPA controls.
What can a debt collector not do to me in Georgia?
Because Georgia has no comprehensive state collection act, the FDCPA governs. A collector cannot harass or abuse you (15 U.S.C. 1692d), lie about the amount or legal status of the debt, falsely claim to be an attorney, or threaten arrest or a lawsuit it will not file (15 U.S.C. 1692e).
How Georgia regulates debt collectors and what it protects
Georgia does not have a comprehensive state fair-debt-collection statute of its own, so third-party debt collectors operating in Georgia are governed chiefly by the federal FDCPA (15 U.S.C. 1692) and CFPB Regulation F. Georgia does license small-loan lenders under what is now the Georgia Installment Loan Act (Title 7, Chapter 3), formerly the Georgia Industrial Loan Act, which applies to consumer installment loans of $3,000 or less rather than to collection agencies generally. On the collection side, Georgia's most consumer-protective rules are its statute of limitations and its exemptions: wage garnishment for consumer debt is capped at 25 percent of disposable earnings under O.C.G.A. 18-4-5 and requires a court judgment, and O.C.G.A. 44-13-100 shields a homestead and other property from creditors. Consumers who believe a collector broke the law can complain to the Georgia Attorney General's Consumer Protection Division at consumer.georgia.gov or (404) 651-8600, though that office generally does not take complaints against collectors who are attorneys.
Relevant Laws
O.C.G.A. 9-3-24 - Actions on simple written contracts
Sets a six-year statute of limitations for actions on simple written contracts, running from when the obligation becomes due and payable. This is the limit that typically applies to written loan and contract debts in Georgia. It does not apply to negotiable instruments under Article 3 of Title 11.
O.C.G.A. 9-3-25 - Open accounts; implied promises; breach of contract not under seal
Sets a four-year statute of limitations for actions on open accounts, implied promises, and oral contracts. Credit card and similar open-account debts in Georgia generally fall under this four-year period rather than the six-year written-contract period.
O.C.G.A. 18-4-5 and 44-13-100 - Garnishment cap and property exemptions
O.C.G.A. 18-4-5 caps wage garnishment at the lesser of 25 percent of disposable earnings or the amount over 30 times the federal minimum wage. O.C.G.A. 44-13-100 provides Georgia's homestead and other property exemptions that creditors cannot reach.
Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692
Because Georgia has no comprehensive state collection act, the federal FDCPA is the primary law for third-party collectors in Georgia. It bars harassment (1692d) and false or misleading representations (1692e), and creates the debt validation right (1692g) and cease-communication right (1692c).
Regional Variances
Georgia statute of limitations on debt, by debt type
Written contract - 6 years
Actions on a simple written contract must be brought within six years after the debt becomes due and payable, under O.C.G.A. 9-3-24. This typically covers written loan agreements and other signed contract debts, but not negotiable instruments governed by Title 11.
Open account / credit card - 4 years
Actions on an open account or implied promise must be brought within four years under O.C.G.A. 9-3-25. Most credit card debt in Georgia is treated as an open account and falls under this four-year period.
Oral contract - 4 years
Actions on a contract not in writing (an oral agreement) must be brought within four years under O.C.G.A. 9-3-25, the same statute that governs open accounts.
Promissory note - 6 years
A simple written promissory note generally carries the six-year period under O.C.G.A. 9-3-24. A note that is a negotiable instrument is governed by O.C.G.A. 11-3-118, which also generally sets a six-year period to enforce a note payable at a definite time.
Suggested Compliance Checklist
Confirm which Georgia limitations period applies to your debt
Before you pay, settle, or promise anything days after startingDetermine whether your debt is a written contract (six years, O.C.G.A. 9-3-24) or an open account or oral contract (four years, O.C.G.A. 9-3-25). Note the date of your last payment or activity, because a new payment can restart the clock on a time-barred debt.
Read the collector's validation notice and calendar the 30-day deadline
Within 5 days of first contact days after startingConfirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Calendar the 30-day window to dispute in writing under 15 U.S.C. 1692g, since Georgia has no separate state validation rule.
Send a written debt validation letter
Within 30 days of receiving the validation notice days after startingIf you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. Send it with proof of delivery.
Send a cease-and-desist letter if you want contact to stop
As soon as you decide to stop contact days after startingUnder 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Georgia has no separate state cease-contact statute, so use this federal right and keep proof of mailing.
File a complaint with the Georgia Attorney General and the CFPB
Within 1 year of any FDCPA violation days after startingSubmit a complaint to the Georgia Attorney General's Consumer Protection Division at consumer.georgia.gov or (404) 651-8600, and to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about statutory damages up to $1,000 plus fees.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm which Georgia limitations period applies to your debt | Determine whether your debt is a written contract (six years, O.C.G.A. 9-3-24) or an open account or oral contract (four years, O.C.G.A. 9-3-25). Note the date of your last payment or activity, because a new payment can restart the clock on a time-barred debt. | - | Before you pay, settle, or promise anything |
| Read the collector's validation notice and calendar the 30-day deadline | Confirm the collector sent the Regulation F validation notice (12 CFR 1006.34) identifying the creditor, amount, and your dispute rights. Calendar the 30-day window to dispute in writing under 15 U.S.C. 1692g, since Georgia has no separate state validation rule. | - | Within 5 days of first contact |
| Send a written debt validation letter | If you do not recognize the debt or the amount looks wrong, mail a written dispute and request for verification within the 30-day window. This forces the collector to stop collecting until it mails you proof of the debt. Send it with proof of delivery. | debt-validation-letter | Within 30 days of receiving the validation notice |
| Send a cease-and-desist letter if you want contact to stop | Under 15 U.S.C. 1692c(c), a written cease-communication letter requires the collector to stop contacting you once received, except to confirm it is stopping or to state it may pursue a specific remedy. Georgia has no separate state cease-contact statute, so use this federal right and keep proof of mailing. | cease-and-desist-letter | As soon as you decide to stop contact |
| File a complaint with the Georgia Attorney General and the CFPB | Submit a complaint to the Georgia Attorney General's Consumer Protection Division at consumer.georgia.gov or (404) 651-8600, and to the CFPB at consumerfinance.gov/complaint. Because 15 U.S.C. 1692k generally requires suit within one year, consult an attorney promptly about statutory damages up to $1,000 plus fees. | - | Within 1 year of any FDCPA violation |
Frequently Asked Questions
In Georgia, credit card debt is generally treated as an open account with a four-year statute of limitations under O.C.G.A. 9-3-25. That means a collector generally has four years from your default or last activity to file a lawsuit. If the debt rests on a signed written agreement, a six-year period under O.C.G.A. 9-3-24 may apply instead.
No. Georgia does not have a comprehensive state fair-debt-collection statute, so third-party collectors are governed mainly by the federal FDCPA (15 U.S.C. 1692) and CFPB Regulation F. Georgia does license small-loan lenders under the Georgia Installment Loan Act (Title 7, Chapter 3), formerly the Industrial Loan Act, but that covers lending, not collection agencies generally.
Under O.C.G.A. 18-4-5, a consumer-debt garnishment can take the lesser of 25 percent of your disposable earnings or the amount by which your weekly disposable earnings exceed 30 times the federal minimum wage. If your disposable earnings are at or below that floor, they cannot be garnished at all. Garnishment requires a court judgment first.
Not easily. O.C.G.A. 44-13-100 provides a homestead exemption that shields a portion of the equity in your primary residence from creditors, along with exemptions for other property. A judgment can create a lien, but the exemption protects equity up to the statutory amount. An attorney can confirm the current exemption figure for your situation.
Yes. Because the FDCPA applies in Georgia, you can sue under 15 U.S.C. 1692k, generally within one year of the violation, and recover actual damages, statutory damages up to $1,000, and attorney's fees and costs. You can also complain to the Georgia Attorney General's Consumer Protection Division. An attorney can help you evaluate a claim.
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