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 »
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 »
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 »
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.
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 »
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.
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?
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?
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.
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.
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.
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.
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.
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.
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.
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 »
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 »
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.
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.
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 »
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 »
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.
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 »
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.