Tuesday, September 16, 2003

Who Can Help Once Papers Are Served for Credit Card Debt in Georgia?

Papers served for a credit card debt in Georgia are a civil lawsuit---a serious issue demanding help from an attorney in Georgia or possibly a nonprofit credit counselor. An attorney can challenge the lawsuit in court, and a counselor can help settle the debt to end the lawsuit. The attorney could also settle the case.

Considerations

    It's important to get reputable help fast to prevent the problem from escalating. Failing to respond to a debt lawsuit in Georgia results in a victory for the credit card company known as a "default judgment." Credit card companies and debt collectors realize a percentage of people will simply ignore court papers because they can't afford to pay the debt. A default judgment can lead to bigger problems, such as bank or wage garnishment.

Atlanta Bar Association

    The Atlanta Bar Association offers a referral service for attorneys in Georgia, with many specializing in consumer affairs cases such as debt lawsuits. An initial half-hour conversation with an attorney costs $35 or less, as of 2011. During the conversation, the attorney can advise about the court process and possible strategies for resolving the issue through settlement. Attorneys recommended by the bar set their own rates beyond the initial consultation. Depending on the complexity of the case, the attorney may charge by the hour or on a flat-fee basis. If possible, debtors should hire on a flat-fee basis that they can afford. Contact the Atlanta Bar Association at (404) 521-0777.

Atlanta Legal Aid

    Atlanta Legal Aid offers free legal service to people with low incomes, but, as of 2011, does not list credit card debt lawsuits as a specialty. However, contacting the agency is worth a try for Georgia residents who simply cannot afford an attorney. The organization could make an exception and refer the debtor to a local Georgia attorney willing to take a debt lawsuit case for free. Or the organization may recommend contacting a law school in Georgia for free help. A law school professor contacted through Atlanta Legal Aid may agree to offer basic legal advice and guidance. Or a law school student may agree to help a debtor fill out paperwork for responding to the suit. Atlanta Legal Aid provides direct help only for residents in the metro Atlanta area, but may offer referrals for aid in other parts of the state. Contact Atlanta Legal Aid at (404) 524-5811.

Credit Counseling

    Nonprofit credit counseling agencies in Georgia, such as Consumer Credit Counseling Service of Middle Georgia, can contact the credit card company or its lawyer to settle the lawsuit or work out a payment plan. The agencies do not provide legal advice, however. It is important for the debtor to respond to the lawsuit, even while a credit counselor is attempting to work out a settlement. SmartMoney reports that credit card companies often settle credit card lawsuits for 20 to 70 percent of the balance. Debtors can find referrals for credit counseling in their area by contacting their bank or credit union.

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