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Georgia Debt Collection Laws: Time Limits, Garnishment and Your Rights

Georgia debt rules: statute of limitations, wage garnishment limits, protected bank and home exemptions, judgments, collector rules and how to answer a debt lawsuit.

Quick answers for Georgia

Time limit to sue on a written contract
6 years after the debt becomes due and payable for an action on a simple written contract. O.C.G.A. § 9-3-24
Wage garnishment limit
The lesser of 25% of weekly disposable earnings, or the amount by which weekly disposable earnings exceed $217.50 (30 hours at $7.25). For judgments on private student loans, the cap is 15% instead of 25%. O.C.G.A. § 18-4-5(a)
Money protected in a bank account
No general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. O.C.G.A. §§ 18-4-15(a), 44-13-1
Answering a debt lawsuit
Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. O.C.G.A. § 15-10-43(c)-(e); Uniform Magistrate Court Rule 34.1

Last verified: 2026-10-26

Time limits

Time limit to sue on a written contract6 years after the debt becomes due and payable for an action on a simple written contract.
Official code published only via LexisNexis; text verified on a public mirror (FindLaw, current as of March 28, 2024).
Source: O.C.G.A. § 9-3-24
Time limit for credit cards and open accounts4 years for open accounts, for contracts not signed by the person being sued (such as oral agreements), and for implied promises.
Public mirror (FindLaw).
Source: O.C.G.A. § 9-3-25
Can a payment restart the clock?Yes, if in writing. A new promise to pay restarts the period (or revives a barred debt) only if it is in writing, in the debtor's handwriting or signed by the debtor or someone authorized. A payment recorded on a written evidence of the debt, or any other written acknowledgment of the debt, counts as a new promise.
Public mirror (FindLaw). § 9-3-112: https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-3-112/
Source: O.C.G.A. §§ 9-3-110, 9-3-112
How long a judgment lastsA judgment becomes dormant (unenforceable) if 7 years pass without the execution being recorded on the general execution docket, a levy entry, or a recorded public collection effort. Each such recorded entry starts a new 7-year period. A dormant judgment can be revived within 3 years after it becomes dormant.
Public mirror (FindLaw). § 9-12-61: https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-12-61/
Source: O.C.G.A. §§ 9-12-60, 9-12-61

If you are sued

Answering a debt lawsuitMost consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs.
Public mirror (FindLaw).
Source: O.C.G.A. § 15-10-43(c)-(e); Uniform Magistrate Court Rule 34.1

Garnishment and what creditors can't take

Wage garnishment limitThe lesser of 25% of weekly disposable earnings, or the amount by which weekly disposable earnings exceed $217.50 (30 hours at $7.25). For judgments on private student loans, the cap is 15% instead of 25%.
Public mirror (FindLaw).
Source: O.C.G.A. § 18-4-5(a)
Money protected in a bank accountNo general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. The debtor must file a claim to assert these protections.
Public mirror (FindLaw). The specific exemptions in § 18-4-6 were not separately read.
Source: O.C.G.A. §§ 18-4-15(a), 44-13-1
Homestead exemptionOutside bankruptcy, up to $21,500 in real or personal property that is the debtor's primary residence (otherwise $5,000 in any property). In bankruptcy, up to $21,500 in a residence, or $43,000 if title is in one spouse who is a debtor.
Public mirror (FindLaw). § 44-13-100: https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-13-100/
Source: O.C.G.A. § 44-13-1; § 44-13-100(a)(1)
Vehicle exemptionUp to $5,000 in total in all motor vehicles, under the exemption list that applies in bankruptcy. Outside bankruptcy, a vehicle can be protected only within the general $5,000 exemption for any property.
Public mirror (FindLaw). § 44-13-100 states its list applies 'for purposes of bankruptcy'.
Source: O.C.G.A. § 44-13-100(a)(3); § 44-13-1
Claiming an exemptionThe garnishee (bank or employer) must mail the debtor a Notice of Right Against Garnishment and a Defendant's Claim Form. To claim money as exempt, the debtor files the claim form with the court clerk before judgment is entered against the garnishee, a disbursement order is issued, or the money is paid out, whichever comes first. The debtor serves copies on the creditor and garnishee. Creditors usually can obtain the money if no claim or traverse is filed within 20 days after the garnishee's answer.
Public mirror (FindLaw). Claim form text is in § 18-4-82.
Source: O.C.G.A. §§ 18-4-13(d), 18-4-15, 18-4-20(a)
Bankruptcy exemptionsGeorgia has opted out. A debtor domiciled in Georgia may not use the federal exemptions and instead uses the Georgia list in O.C.G.A. § 44-13-100.
Public mirror (FindLaw).
Source: O.C.G.A. § 44-13-100(a), (b)

Debt collectors and interest

Interest rate limitsJudgments bear interest at the prime rate on the day of judgment plus 3%. A judgment on a written contract that sets an interest rate bears the contract rate.
Public mirror (FindLaw). Applies to civil actions filed on or after July 1, 2003.
Source: O.C.G.A. § 7-4-12

Where to get help in Georgia

Debt & Collections FAQ

What is the statute of limitations on debt in Georgia?
6 years after the debt becomes due and payable for an action on a simple written contract.
How long can a creditor sue on a credit card debt in Georgia?
4 years for open accounts, for contracts not signed by the person being sued (such as oral agreements), and for implied promises.
Does making a payment restart the statute of limitations in Georgia?
Yes, if in writing. A new promise to pay restarts the period (or revives a barred debt) only if it is in writing, in the debtor's handwriting or signed by the debtor or someone authorized. A payment recorded on a written evidence of the debt, or any other written acknowledgment of the debt, counts as a new promise.
How long does a court judgment last in Georgia?
A judgment becomes dormant (unenforceable) if 7 years pass without the execution being recorded on the general execution docket, a levy entry, or a recorded public collection effort. Each such recorded entry starts a new 7-year period. A dormant judgment can be revived within 3 years after it becomes dormant.
How much of my wages can be garnished in Georgia?
The lesser of 25% of weekly disposable earnings, or the amount by which weekly disposable earnings exceed $217.50 (30 hours at $7.25). For judgments on private student loans, the cap is 15% instead of 25%.
How much money in a bank account is protected from creditors in Georgia?
No general bank account exemption. Wages held in a bank account can still be protected under the wage limits and the other garnishment exemptions, and a debtor may use the general $5,000 exemption for any property. The debtor must file a claim to assert these protections.
What is the homestead exemption in Georgia?
Outside bankruptcy, up to $21,500 in real or personal property that is the debtor's primary residence (otherwise $5,000 in any property). In bankruptcy, up to $21,500 in a residence, or $43,000 if title is in one spouse who is a debtor.
Can a creditor take my car in Georgia?
Up to $5,000 in total in all motor vehicles, under the exemption list that applies in bankruptcy. Outside bankruptcy, a vehicle can be protected only within the general $5,000 exemption for any property.
What is the maximum legal interest rate in Georgia?
Judgments bear interest at the prime rate on the day of judgment plus 3%. A judgment on a written contract that sets an interest rate bears the contract rate.
How do I respond to a debt collection lawsuit in Georgia?
Most consumer debt cases up to $15,000 are filed in Magistrate Court. The defendant must answer within 30 days after service, in writing or orally to the judge or clerk. A defendant who misses the deadline is in default but may open the default within 15 days by filing an answer and paying costs.
How do I stop a garnishment or claim an exemption in Georgia?
The garnishee (bank or employer) must mail the debtor a Notice of Right Against Garnishment and a Defendant's Claim Form. To claim money as exempt, the debtor files the claim form with the court clerk before judgment is entered against the garnishee, a disbursement order is issued, or the money is paid out, whichever comes first. The debtor serves copies on the creditor and garnishee. Creditors usually can obtain the money if no claim or traverse is filed within 20 days after the garnishee's answer.
Which bankruptcy exemptions can I use in Georgia?
Georgia has opted out. A debtor domiciled in Georgia may not use the federal exemptions and instead uses the Georgia list in O.C.G.A. § 44-13-100.

Debt & Collections in other states

More Georgia law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.