Georgia is often seen as a “creditor-friendly” state thanks to its efficient Magistrate Court system and strong garnishment laws. But for medical providers, this reputation is dangerous.
If your agency treats Georgia like “just another state,” they are likely missing the strict 75-day deadline to perfect a hospital lien. Once that window closes, your right to collect from a lucrative auto accident settlement is often gone forever.
Furthermore, the Surprise Billing Consumer Protection Act (HB 888) has criminalized standard balance-billing practices for out-of-network care. If your collectors don’t know the difference between a “qualified emergency service” and a standard bill, they are walking you into a regulatory nightmare.
We don’t just “dial for dollars.” We act as a revenue firewall, navigating the specific O.C.G.A. statutes to secure your payments before they legally expire.
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Deep Analysis: The 3 Revenue Leaks in Georgia
Collecting in the Peach State requires a strategy that accounts for specific legislative pitfalls. Here is why national agencies often fail here:
1. The “75-Day” Lien Deadline
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The Law: Under O.C.G.A. § 44-14-471, hospitals must file a verified statement of lien within 75 days of the patient’s discharge to secure rights to a personal injury settlement. (Physician practices have 90 days).
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The Risk: Most agencies wait 90-120 days before even looking at an account. By the time they receive the file, the deadline to perfect the lien has already passed. You lose your priority claim on the insurance settlement.
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Our Solution: We flag “accident code” accounts immediately upon intake. We file the preliminary lien notice within the 75-day window, ensuring you get paid before the patient spends their settlement check.
2. The HB 888 “Balance Billing” Trap
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The Law: The Surprise Billing Consumer Protection Act (HB 888) prohibits billing patients for more than their in-network cost-sharing amount for emergency services, even if you are out-of-network.
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The Risk: If your agency aggressively pursues a patient for a “balance bill” that is now illegal under state law, you face penalties and the debt is uncollectible.
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Our Solution: We scrub accounts against the “Emergency/Non-Emergency” status and insurance network data. We ensure we are only pursuing the legal patient responsibility (deductibles/copays), protecting your reputation.
3. The “Intake Form” Statute Gap (4 vs. 6 Years)
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The Law: Georgia has two statutes of limitations: 6 years for simple written contracts, but only 4 years for “open accounts” (oral agreements).
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The Risk: If your patient intake forms are vague or missing a signature, the court may classify the debt as an “open account,” slashing your legal collection window by two full years.
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Our Solution: We audit your intake paperwork. If we see “weak” contracts, we prioritize those accounts for faster resolution before the 4-year “open account” clock runs out.
Our 4-Step “Peach State” Recovery System
We have calibrated our recovery model to leverage Georgia’s powerful Magistrate Courts while respecting HB 888.
Phase 1: The Trauma & Liability Scrub (Pre-Collection)
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The Strategy: Is the debt is related to a motor vehicle accident (MVA). If yes, we immediately verify the 75-day lien window. Does the balance falls under HB 888 restrictions.
Phase 2: The “O.C.G.A.” Demand (Steps 1 & 2)
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The Strategy: We send compliant demands that clearly state the debt validation details required by federal and state law. We focus on the 7% statutory interest (if applicable) to encourage early payment.
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The Cost: A simple flat fee (approx. $15/account). You keep 100% of recoveries.
Phase 3: The Garnishment Lever (Step 3)
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The Strategy: Georgia is one of the few states that allows Continuing Garnishment. This means one court order can capture wages week after week until the debt is paid (unlike “one-shot” states).
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The Negotiation: We explain this reality to the debtor. “Mr. Smith, in Georgia, a garnishment doesn’t stop after one paycheck. It continues until the entire balance is paid. Let’s set up a voluntary plan to avoid that.”
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The Cost: 40% contingency.
Phase 4: Magistrate Court Execution (Step 4)
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The Strategy: For refusals, we utilize Georgia’s efficient Magistrate Courts (Small Claims). We pursue judgment and then execute a “fi. fa.” (writ of fieri facias) to levy bank accounts or wages.
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The Cost: 50% contingency.
Regional Strategy: From Metro Atlanta to the Coast
Georgia is economically diverse. We adjust our tactics based on the patient’s location.
| Region | Economic Profile | Collection Strategy |
| Metro Atlanta (Fulton/Gwinnett) | High Traffic / Corporate | Heavy focus on Lien Perfection due to high volume of auto accidents. We also navigate the complex hospital systems (Emory/Northside) billing disputes. |
| South Georgia (Valdosta/Albany) | Agricultural / Rural | Seasonal cash flow. We structure payment plans around harvest cycles for agricultural workers, improving consistency. |
| Coastal (Savannah/Brunswick) | Port / Logistics | Focus on garnishment effectiveness, as many residents work for large, stable logistics companies where wage attachment is straightforward. |
FAQ: The Executive Summary
Q: Can you garnish wages in Georgia?
A: Yes. Georgia is very creditor-friendly. We can garnish up to 25% of disposable earnings (or the amount exceeding 30x minimum wage). Even better, it is a “continuing” garnishment that stays in place for 179 days or until the debt is paid.
Q: What is the interest rate limit?
A: If your contract doesn’t specify a rate, the legal rate is 7% simple interest per year. If you have a written contract, you can agree to higher rates (within reason). Judgments accrue interest at Prime + 3%.
Q: Can you report “Surprise Bills” to credit bureaus?
A: No. Under HB 888, if the bill is a “surprise bill” (out-of-network emergency care, etc.), you generally cannot report the balance-billed amount to credit agencies. We ensure strict compliance here to avoid lawsuits.
Don’t let the 75-day deadline erase your accident revenue.
Being in the medical profession means that you are making people healthier, helping people deal with chronic problems, and saving lives. However, even though those things are huge for the betterment of the community, still medical professionals are also businessmen and must do everything to make their practice profitable.
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