Debt collectors call, threaten and write to my relatives: what to do under Georgian law

What to do

1. A debt does not give a right to pressure the debtor. During recovery it is forbidden to mislead the client or harm his reputation in order to coerce him, including by informing third parties (NBG Consumer Protection Rules, Art. 12). The rules are binding on banks, MFOs, credit unions and other lending entities (NBG Consumer Protection Rules, Art. 1). A creditor must have a code of ethics for debt recovery (Art. 12).
2. If a collector calls: when a creditor transfers a debt to a collector, it must bind the collector to the same code of ethics (NBG Consumer Protection Rules, Art. 12). Complaints are considered by the creditor, including after the debt has been sold (Art. 13).
3. Step 1 is a written claim to the creditor, stating the dates of calls and requesting that third parties not be contacted. A written reply to the claim must come no later than 1 month (NBG Consumer Protection Rules, Art. 13). Also make a data demand: the processor must prove the legal basis for processing, including transfer, of the data (Law of Georgia on Personal Data Protection, Art. 5). A demand to stop processing must be complied with or refused no later than 10 business days (Art. 16).
4. Step 2 is the National Bank. The NBG ensures consumer protection in financial services (Law of Georgia on the National Bank, Art. 64¹). For violations it applies supervisory measures and sanctions (NBG Consumer Protection Rules, Art. 15). Disclosure of the debt to relatives or an employer: complain to the State Audit Office or go to court (Law of Georgia on Personal Data Protection, Art. 22). A decision on measures is due within 10 days; review takes up to 2 months (plus 1 month) (Art. 50). A legal entity with turnover above GEL 500,000 faces a fine of GEL 2,000 (Art. 67).
5. Threats and harassment go to the police. A threat to life, health or property that causes a reasonable fear is a crime (Criminal Code of Georgia, Art. 151). Systematic unwanted calls or messages to a person and his relatives that cause distress or fear are stalking, which is also a crime (Art. 151¹). In court, a claim may be brought to protect honour and private life; where there is fault, moral harm is compensated (Civil Code of Georgia, Art. 18).
6. Where to apply: the creditor; the National Bank of Georgia; the State Audit Office (სახელმწიფო აუდიტის სამსახური); the police or prosecutor; the court.
7. Evidence: recordings and call log; screenshots; statements from relatives; notice of transfer of the debt; copy of your claim.
8. Traps: stopping payment “in revenge” does not stop the debt and penalties; complaining only to the collector instead of the creditor; looking for a Russian-style “collectors law” with a call limit, which Georgia does not have; writing to the abolished Personal Data Protection Inspection, which no longer exists.

Be sure to check

• the ban on pressure and defamatory conduct in debt recovery (NBG rules), binding also on the collector
• disclosure of the debt to relatives or an employer: complaint to the State Audit Office
• sequence: claim to the creditor (reply within up to 1 month), then the National Bank, the State Audit Office, and the police for threats
• threats and systematic calls are criminal offences; record the evidence
• the debt itself remains: check the calculation and limitation separately