May 26, 2012
Gig-
While I agree with they must have a court order, Georgia does make it easier for them:
Watch Out for Attachment and Liens
Georgia makes it easy to establish a lien against youor to attach your property. The situations where the creditor can get a lien or attachment include when:
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You are living out of state;
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You are about to move outside the Georgia county you were living in; or,
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You try to hide or flee, or try to move property out of state.
The main federal debt collection law, the FDCPA, has a provision that says that if a debtor disputes the debt within 30 days of receiving written notice, the creditor needs to stop collection activities until it provides proof, or "verification," of the debt.
However, while a creditor can't start or instigate a lien after the debt has been disputed, if they had already put a lien in place, they don't need to remove it. That actually creates an incentive for creditors to establish a lien immediately, before you contact them to dispute the debt.
So keep in mind that in Georgia, liens are fairly easy to get and creditors may file them pretty quickly.
http://www.leagle.com/levdisplay.aspx?fname=lev.creditcarddef.ga