As a creditor, your first goal is to pursue every legal option to recover what you are owed. There are several ways to collect delinquent debts in Georgia, and the path you take often depends on how determined the debtor is to avoid paying you.
Informal Collection Attempts
The simplest approach is to work with a qualified Georgia collections attorney or a debt collection agency. The process often starts with a demand letter or direct contact with the debtor to try to resolve the matter outside of court. While this approach can sometimes succeed, results vary, and it is not always effective.
Going to Court for a Judgment in Georgia
In many commercial debt collection cases, especially when contracts are involved, creditors must file a lawsuit to obtain a court judgment. Once the court declares that the debt is valid, the creditor becomes a “judgment creditor” and gains the legal right to enforce collection.
Garnishment as a Collection Tool
The most common enforcement method for judgment creditors is garnishment. Georgia law allows two types:
Bank Garnishment
A Summons of Garnishment, often called a bank garnishment, is the most widely used. When a bank receives this garnishment, it must freeze the debtor’s account and turn over the funds to the court. This includes money already in the account at the time of service and any deposits made during the next 30 days. Once the 30 days pass, the garnishment ends.
Wage Garnishment
Georgia law also permits a Continuing Garnishment, which targets wages. When served, the debtor’s employer must send 25% of the debtor’s net take-home pay to the court. This garnishment remains in place for up to 180 days or until the debt is paid in full, whichever comes first. Creditors may renew the garnishment if needed, but it requires filing a new request with the court.
Filing a Garnishment in Georgia
Garnishments are generally filed in the Magistrate Court of the county where the garnishee is located. Filing costs can vary, but usually run around $50, plus service fees for the summons.
Speak With an Experienced Atlanta Debt Collection Attorney
Collecting a delinquent debt is rarely easy, but having the right legal team makes all the difference. At Thrift McLemore, we help Georgia businesses and individuals recover what they are owed, whether through negotiation, court judgments, or garnishment.
If you are a creditor in Atlanta or anywhere in Georgia and need assistance with collecting unpaid debts, we are here to help. Our attorneys possess a deep understanding of the debt collection process in Georgia, from drafting effective demand letters to enforcing judgments through garnishment proceedings.
Call us today at 678-882-0830 or email info@thriftlegal.com to schedule a consultation.
