In Georgia, debt incurred during the marriage is typically considered "marital debt" and divided equitably between spouses as part of the divorce settlement. However, there are exceptions and strategies that can impact how debt gets allocated. Here is a guide to understanding Georgia law regarding debt distribution.
In states such as Georgia that follow the equitable division rule, both spouses will be responsible for paying the debt that either spouse accrued during their marriage.
Separate your debt. Apply for credit in your name only. Establish your own credit record. Open an individual savings and checking account. Contribute to your 401K at work. Open an IRA and have deposits made automatically.
Specifically, the rule states that a debt collector cannot: Make more than seven calls within a seven-day period to a consumer regarding a specific debt. Call a consumer within seven days after having a telephone conversation about that debt.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
The summons tells you how and when to respond to a lawsuit. You must file an answer to the complaint in writing with the court. The complaint will include statements about the debt and about you. If any statements are false, you must tell the court by denying them in your answer.
The decision to sue often depends on the debt's size (usually a minimum of $1,000), age, and original agreements. Debt collection practices for unpaid credit card balances frequently lead to court cases. If sued and found liable, you may face additional costs through interest and fees.