Can A debtor Return Merchandise in Exchange for Payment in Georgia?
That’s an option. It depends on the value of the goods and it depends on whether or not she want the merchandise back. There are a lot of factors that go into that. There are two different ways to get your merchandise back, one is to voluntary relinquishing by the debtor to give those back and the second is the writ of possession also know as cyber 11 action in Georgia. If you have retained title to the goods through a security agreement, then you will have the right to go and levy on your merchandise through a writ of possession filing. We would follow writ of possession with the court were we obtain a special order from the court to go and levy on those goods, and under a writ of possession you don’t actually have to get share of service or personal service on the defendant, you can use what’s called Tack and Mail and in Georgia there are a lot of Tack and Mail any rep 11 case that will allow you to move quickly to go and obtain your goods or merchandise from the defendant through a writ of possession.