O.C.G.A.
O.C.G.A. § 18-5-3.2 (2019)
Timing of disbursements to appropriate creditors; trust account required
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Any person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds.
(b) Any person engaged in debt adjusting shall maintain a separate trust account for the receipt of any and all funds from debtors and the disbursement of such funds on behalf of debtors.
History
Code 1981, § 18-5-3.2, enacted by Ga. L. 2003, p. 392, § 5.
Annotations
RESEARCH REFERENCES ALR. Validity, construction, and application
of state debt adjusting statutes, 90 A.L.R.6th 1.
Notes of Decisions
Cited in 4
cases (3 in the last 5 years), 2010–2026 · leading case: Moon v. CSA — Credit Solutions of Am., Inc., 696 S.E.2d 486 (Ga. Ct. App. 2010).
Moon v. CSA — Credit Solutions of Am., Inc., 696 S.E.2d 486 (Ga. Ct. App. 2010). “2(a), "[a]ny person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds." [3] Under OCGA § 18-5-4(b)(2), [a]ny person who engages in debt…”
Paul A. Schofield, as Chapter 7 Tr. of the Est v. The Brian A. Moore Law Firm LLC (Bankr. S.D. Ga. 2025). “§ 18-5-2 and routinely failed to make disbursements to creditors within 30 days of receipt of such funds in violation of O.C.G.A. § 18-5-3.2(a) and therefore 3 Georgia’s debt adjustment statutes are not designated collectively as an “Act.”
In re: Maliah Isis Bush; Charles W. Wills, Chapter 7 Tr. v. Turnbull Law Grp., LLC (Bankr. S.D. Ga. 2026). “Plaintiff also alleges Defendant violated O.C.G.A. §18-5-3.2 by collecting $2,620.00 from Debtor prior to disbursing any funds to Debtor’s creditors and by routinely failing to make disbursements to Debtor’s creditors within 30 days of receiving funds from Debtor.”
Phan v. Peak Debt Consumption, LLC (N.D. Ga. 2022). “§ 18-5-3.2. In their Second Amended Complaint, Plaintiffs allege that Defendants provided debt adjusting services to Plaintiffs while Plaintiffs resided in Georgia.”
— 18-5-3.2(a) — 3 cases
Moon v. CSA — Credit Solutions of Am., Inc., 696 S.E.2d 486 (Ga. Ct. App. 2010). “2(a), "[a]ny person engaged in debt adjusting shall disburse to the appropriate creditors all funds received from a debtor, less any fees authorized by this chapter, within 30 days of receipt of such funds." [3] Under OCGA § 18-5-4(b)(2), [a]ny person who engages in debt…”
Paul A. Schofield, as Chapter 7 Tr. of the Est v. The Brian A. Moore Law Firm LLC (Bankr. S.D. Ga. 2025). “§ 18-5-2 and routinely failed to make disbursements to creditors within 30 days of receipt of such funds in violation of O.C.G.A. § 18-5-3.2(a) and therefore 3 Georgia’s debt adjustment statutes are not designated collectively as an “Act.”
In re: Maliah Isis Bush; Charles W. Wills, Chapter 7 Tr. v. Turnbull Law Grp., LLC (Bankr. S.D. Ga. 2026). “Plaintiff also alleges Defendant violated O.C.G.A. §18-5-3.2 by collecting $2,620.00 from Debtor prior to disbursing any funds to Debtor’s creditors and by routinely failing to make disbursements to Debtor’s creditors within 30 days of receiving funds from Debtor.”
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