Q: What is the statute of limitations on a moving violation in TN? Can a debt collector collect 10y later?
I recieved a call today from a debt collector stating they received an account from the Davidson County Clerk for a reckless driving offense from 2010.
1. I believe they have no right to collect on a debt that has not been communicated to me in the entire 10 years since it occurred.
2. I believe it cannot be reported to the credit bureaus as it is outside the usual 7 year reporting history.
Thanks!
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A: Rule of the Road Violations are Misdemeanors under a 1 year SOL to initiate prosecution. But that is not your issue. The Conviction is a Judgment debt subject to a 10 year SOL to collect, unless extended. That Clerk might report the Violation to DOS who will assign alot of points to your MVR. The Defendant must affirmatively assert the SOL in Court, but apparently there is no Garnishment/Execution, etc...where you would file a Motion To Dismiss Process. Until then, there is no forum to complain. Credit Reports are basically not subject to laws, and if they wish to keep the fine debt on your Record forever, they can.
Paul E. Tennison agrees with this answer
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