Debt Collection Laws in Georgia
If you're dealing with debt collection in Georgia, here's what actually protects you: a cap on how much of your paycheck can be garnished, a base amount of home equity and bank funds creditors can't touch, and a deadline after which a debt lawsuit generally can't succeed. Current as ofJuly 2026 — sourcing for each section is linked below.
How much of my paycheck can be garnished in Georgia?
Georgia mostly sticks to the bare federal minimum: a creditor can take up to 25% of your disposable weekly earnings, with at least $217.50/week protected either way. Unlike Florida, Georgia has no broad exemption for supporting a family — its extra protections here are mostly about fair notice, not a bigger dollar shield.
One real state-specific break: if the judgment is for a private student loan, Georgia caps garnishment at 15% of disposable earnings instead of the usual 25%.
Georgia's garnishment process itself was rewritten by SB 433 in 2020, after a federal court found the old system unconstitutional for giving debtors too little notice and no real chance to claim exemptions before money left their paycheck. The rewrite fixed the notice and exemption-claim process — it didn't add a new wage exemption on top of the federal cap.
Tier: Federal formula, with a minor state-specific add-on — see the full 20-state ranking.
Can a creditor take money from my bank account in Georgia?
In a Georgia bankruptcy filing, $1,200 of cash or bank-account funds is protected outright, plus whatever's left of your $10,000 homestead exemption if you're not using it on a house. There's also a separate $5,000 exemption for household goods and appliances. (Outside of bankruptcy, a bank-account levy works differently — see the note below.)
It's worth being precise about what these numbers actually protect: O.C.G.A. § 44-13-100 is a bankruptcy-schedule exemption list, not an automatic shield against an ordinary bank-account levy outside of bankruptcy. If a judgment creditor levies your account directly in state court rather than through a bankruptcy filing, different procedural rules apply, and you generally have to file a claim of exemption to get money back.
Is my home protected from creditors in Georgia?
As of July 1, 2026, Georgia protects up to $50,000 of home equity for a single owner, or $100,000 for a home jointly titled to two spouses — more than double the old limits, thanks to a 2026 law (HB 1024). Starting in 2031, these amounts will keep adjusting for inflation automatically.
That's a big enough jump that older articles and calculators floating around online — including some published earlier this year — are already out of date. If you're checking your own numbers, make sure whatever you're reading is dated after July 1, 2026.
How long can a debt collector sue me in Georgia?
A collector has 6 years to sue you in Georgia over a written contract like a credit card agreement, and 4 years if it was only a verbal or open-account agreement. Which one applies to your credit card debt can actually be argued either way depending on how the account was set up, so don't assume the shorter window applies just because it's a card.
| Debt type | Statute of limitations |
|---|---|
| Credit card / written contract | 6 years |
| Open account / oral contract | 4 years |
| Sealed contract | 20 years |
Sealed contracts (formal instruments with a seal or specific statutory language) get a much longer 20-year window under § 9-3-23, but they're rare in ordinary consumer debt.
See how Georgia's 6 years deadline compares to all 20 states.
Does Georgia have its own debt collection law beyond the federal FDCPA?
You can sue a collector directly in Georgia for unfair or deceptive tactics under the state's general Fair Business Practices Act — Georgia doesn't license collection agencies separately the way many states do, so this broader consumer-protection law does that job instead.
Because the FBPA is a general consumer-protection statute rather than a collections-specific one, it doesn't automatically extend to original creditors the way some other states' mini-FDCPAs do — you're generally on stronger footing going after a genuine third-party collector's conduct than an in-house billing department's.
Where can I find free or low-cost legal help in Georgia?
If you're dealing with a debt lawsuit, garnishment, or collector dispute in Georgia, a good starting point is the state bar's lawyer referral service or one of the legal aid organizations below — both can point you to self-help court resources even if you don't qualify for free representation.