Penalty for Unlawfully Engaging in Business of Debt Adjusting

  1. Law
  2. Georgia Code
  3. Debtor and Creditor
  4. Debt Adjustment
  5. Penalty for Unlawfully Engaging in Business of Debt Adjusting

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  1. Any person who engages in debt adjusting in violation of this chapter shall be guilty of a misdemeanor.
  2. Without limiting the applicability of subsection (a) of this Code section:
    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. 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. 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. 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."

(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.)

RESEARCH REFERENCES

ALR.

- Legislation regulating, taxing, or forbidding business of debt adjusting, 95 A.L.R.2d 1354.

Validity, construction, and application of state debt adjusting statutes, 90 A.L.R.6th 1.


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