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Tennessee Collections Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I just received a criminal summons for a $22 check I wrote that was returned due to the fact my bank account had been

Hacked. I made then aware i would be it soon but dealt with an accident in the family and then had covid. I have a court date for next week but can I just not pay this and not have to go to court. I just started a new job as well and cannot miss work. Thank you for your guidance with this matter.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 2, 2022

Probably need to go to Court, pay everything and get it dismissed. Hire an attorney to handle this, but expect to attend Court.

1 Answer | Asked in Personal Injury and Collections for Tennessee on
Q: Can I sue for stress, over a loan. Constant bereavement of phone calls?

Have a foot not healing from surgery, I think stress maybe a factor in it not healing

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. You would need to check with a local attorney if the phone calls violate Tennessee collection laws in terms of hours, tactics, etc. and whether the conduct is egregious enough to rise to the level of mental... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights and Collections for Tennessee on
Q: If I offered to pay my fines and court fees in full and they refused the money because of an active FTA warrant and

Remaining Probation fee’s is there something I can do because they refused to take my money a

Anthony M. Avery
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Anthony M. Avery
answered on Jul 25, 2022

Hire an attorney to go to Court, Docket or not, and handle the entire problem at once.

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: How can a law firm say you breached a contract you never received or signed?

I supposedly have a judgement against me over $100 even though I've never seen it. The law firm called my job and talked bad about me. Then I agreed to pay $125 I kept paying it, but did not sign a contract stating I would. Last month I only paid $50 because again I didnt sign anything. My job... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 19, 2022

You are entitled to protections under the Fair Debt Collections Practices Act - including obtaining in writing the full basis for any claimed debt or debt validation. But you must write them to request.... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: If the repossession of my vehicle took place while incarcerated causing me to miss payment is that legal

I paid $2,000 down on a used vehicle was incarcerated Miss first payment and it was repossessed is this legal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You will need to read your finance contract for the repossession terms. But that contract is between you and your lender, not the State or County. Missing payments because of incarceration is not the lender's problem, and a proper self help repo while you are jailed is not illegal.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

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
PREMIUM
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.

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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.

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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
PREMIUM
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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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