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Official Code of Georgia Annotated

Title 18. DEBTOR AND CREDITOR · Chapter 5. DEBT ADJUSTMENT

18-5-4. Penalty for unlawfully engaging in business of debt adjusting.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor.#

  2. (b)

    Without limiting the applicability of subsection (a) of this Code section:#

    1. (1)

      Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-3.1 or subsection (b) of Code Section 18-5-3.2 shall further be liable for a civil fine of not less than $50,000.00; and#

    2. (2)

      Any person who engages in debt adjusting in violation of the provisions of Code Section 18-5-2 or subsection (a) of Code Section 18-5-3.2 shall further be liable to the debtor in an amount equal to the total of all fees, charges, or contributions paid by the debtor plus $5,000.00. Such debtor shall have the right to bring a cause of action directly against such person for violation of the provisions of this chapter.#

  3. (c)

    The Attorney General and prosecuting attorneys shall have the authority to conduct the criminal prosecution of all cases arising under this chapter and to conduct civil prosecution of cases arising under this chapter.#

  4. (d)

    A violation of Code Section 18-5-2, 18-5-3.1, or 18-5-3.2 shall additionally be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.”#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1956, p. 797, § 3; Ga. L. 2003, p. 392, § 6; Ga. L. 2004, p. 631, § 18; Ga. L. 2015, p. 1088, § 18/SB 148.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t18-t19-(v16)-2022-pdf.pdf, Volume V16, 2022 edition, pages 284 to 285; merge action: carried; file SHA-256 eddc877da9f2.