La Vergne, TN asked in Collections for Tennessee

Q: If a bill is from 1999 and the water comp wrote it off in 2005, can they ask for payment of same bill in the yr 2018?

They say if we dnt pay the bill by a certain day, they will add it to our current service for payment. Can they do that?

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Collections Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: It sounds k=like the debt is barred by the statute of limitations- however that is only a defense in the event they filed a lawsuit against you. It does not prevent them form trying to collect the debt ( asking you to just pay it). If they add it to your current service, consult an experienced lawyer for advice on your specific situation.

A: Answering your question invites a discussion of the "statute of limitations". The law encourages prompt resolution of debt issues. The longer resolution is delayed, the greater the risk of harm to either party. Tennessee has established time limits on seeking the court's help in collecting a debt. If the collection process involves using the court system, the creditor/plaintiff must file the action within the time limits in TN. If the claim is not filed within the time limites, it is deemed "unenforceable". You must raise that defense or you risk losing your defense. Good luck to you.

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