Lawyers, Answer Questions  & Get Points Log In
Tennessee Collections Questions & Answers
2 Answers | Asked in Small Claims and Collections for Tennessee on
Q: I am being sued for not paying a credit card. If I’m in debt consolidation and they’re paying in full do I need a lawyer

I’m in tennessee. The case is in June

Anthony M. Avery
Anthony M. Avery answered on May 9, 2022

Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.

View More Answers

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

View More Answers

1 Answer | Asked in Collections, Consumer Law, Contracts and Identity Theft for Tennessee on
Q: A person with the same name used to live at my address. The creditor sued and won a judgement. I never got notice.

Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?

Anthony M. Avery
Anthony M. Avery answered on Mar 14, 2022

You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.

1 Answer | Asked in Collections for Tennessee on
Q: How do I register a Missouri foreign judgement in Tennessee's Knox County Circuit Court?

I have a certified copy of the Missouri judgment. What form do I fill and where do I submit it? Circuit Court personnel will not provide this information, only how much it costs to register the judgement.

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2021

Hire a competent TN attorney to Register the Foreign Judgment, as well as looking into the Judgment Debtor. Collections can be a difficult process at best, and impossible in many circumstances. Just localizing the Judgment does not collect a cent.

1 Answer | Asked in Collections for Tennessee on
Q: Is the caller a scam?

I received a call stating that a claim would be filed against me in my county and stating my name, they also said that an order to locate would be filed if I didn't contact this 855 number and that my legal rights would be forfeit.

Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2021

Do you owe someone money? It may or may not be bogus, even if not a proper collection dunning call. Obviously you do not lose legal rights by not calling them back. But if you are served with a suit, inaction will result in a default judgment. Do not know what an order to locate is.

1 Answer | Asked in Collections for Tennessee on
Q: Im being sued for older medical bills that I don't believe I owe, what type of lawyer do I need or should I represent my
Bennett James Wills
Bennett James Wills answered on Dec 6, 2021

You may have options and defenses. How old is the debt? It may be out of the statute of limitation period. Have you requested a verification from the creditor? Why do you think you do not owe it? You should have your issue reviewed by an attorney to see what options you may have.

1 Answer | Asked in Car Accidents and Collections for Tennessee on
Q: Cav Garner and Connor suspend my dls again for falling behind on payments where I got sued I was to pay 100 a monh N,

I've been paying but skipped a couple month can they take my DLS they're a debt collector live in TN

Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2021

Yes.. The collection agent can write the Department of Safety about your default. That will revoke your Conditional Release and Suspend your TN DL.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Collections for Tennessee on
Q: I was served a civil summons brought by a debt collector, but there is no Complaint attached. How do I answer?

I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2021

Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: Will I be asked if I can pay my credit card debt when I go to my civil court date?

My court date is soon and I’m anxious over whether I’ll be given the option to pay the debt or if action like wage garnishment will be taken. I think I’ve saved enough to pay whatever court fees I’ll have and enough for the debt itself.

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

Call the attorney prior to Court and try to settle for a lesser amount now. Do not tell what assets or income you have.

1 Answer | Asked in Collections for Tennessee on
Q: Am 81 years old and Ally has a judgement against me. I’m about to pay off my little Ford Fiesta can they take it??
Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Yes, it will be subject to Levy. Hire a competent attorney to claim your Exemptions with the Court.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: What if my offender was paying me restitution and passes away
Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.

1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: My wife has medical bills in collections and they are trying to move them over to my name. Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2020

It is very possible to sue the spouse of a medical care debtor. It is arguably a necessity and the creditor can go after the spouse, but you can try to defend against it with a decent lawyer.

1 Answer | Asked in Collections for Tennessee on
Q: I was recently served for debt collection here in Tennessee. Where can I find info on how to provide an answer?

Can I offer to pay it in full before providing an answer? Will that dismiss the case? I’m so confused about what to do and obviously cannot afford a lawyer. I am wanting to pay in full and avoid garnished wages.

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2020

Assuming you were sued in General Sessions, no Answer is needed usually. Hire a competent attorney for a small fee to contact the collections attorney and attempt cash settlement. It is possible the creditor could even stop or improve any credit reports about that debt, and your lawyer needs... Read more »

2 Answers | Asked in Collections for Tennessee on
Q: Can you collect on a judgement that was issued for $18,000.00 dollars against a self employed contractor. What fee?

Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.

View More Answers

1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Tennessee on
Q: Which path would be better ?

I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.

Would it be better to Ask for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2020

You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: My husband and I were named joint defendants for collections civil summons, what happens if he cannot go but I do?

Will they be able to get a default judgement against him, even though I am there?

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2020

Yes a Default Judgment is possible against any defendant that does not show. You can cross examine about exactly who is liable on the debt, what payments have been made, etc. The critical legal issue is what you and him own together though, especially real property, for post judgment execution... Read more »

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I live in Tennessee, and I sold a suv to son an daughter-inlaw and they stop making payments
Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.