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...View More
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... View More
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.
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.
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...View More
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...View More
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?
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.
She said this is from check into cash from TN. I didn’t even live in TN in 2013 and has an old address from 2011. She said they a trying to file suit against me. Can they do that if this is not my debt
Yes they can sue you. If served, hire a competent attorney to represent you. Talking to the creditor on the phone after telling them it has nothing to do with you will not help. The creditor should be forced to produce the check, any other writings about the same, and possibly a witness.
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...View More
after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... View More
Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication...View More
My son and I have the same name, Jr and Sr. He is deep in debt, I have good credit. Lawyers are sending me letters giving me 30 days to respond. I assumed they googled our name and found my address and assumed I am Jr. Do I need to respond. Can I tell them to buzz off?
You might be best served by disputing the Debt in writing. The collection outfit might go ahead and sue you. They will definitely affect your credit, where you should also make a written dispute. Also your Son might also contact them and explain who you are.
If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.
You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you...View More
Im willing to pay off a collection in full in return to take the derogatory mark off of my credit, do they have the right to reject removal or do they legally have to remove it. ( by they i mean the collection agency)
I have a judgement by default from 2016 for 25k @5.5% . The debtor was a business owner who took money/property from multiple people before taking everything of value from the business and ran away. I did get a wage garnishment for a couple years, only because of a rumor and some luck until he was... View More
If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most...View More
Assuming the criminal judgment involves Restitution, a convicted defendant on Probation will want to pay all Restitution and Costs first so he does not violate Probation. The civil judgment should be recorded as a Lien and pursued subsequent to the Restitution recovery. If the civil judgment...View More
my brother and father have the same last names except for the middle name and my dad has money and they're saying that they have a $14,000 judgment against my father but you're not on the truck did not get the ticket can you please tell us what to do
Set up a consult with a Tennessee attorney before this develops further. It isn't something on which someone could advise based on these facts alone, and your post remains open for a month. A lot must have already happened for the matter to reach the judgment stage - maybe mail going to the...View More
Usually the Note SOL is ten years from the last non-payment due date. But there may be some contract that modifies that, or the creditor may have got a Judgment on the Debt. If they sued upon the Note Deficiency, then they probably have until 2023 to collect, by levy, garnishment, etc.
The person collecting is not the original creditor but a default judgment was received. It is still within the statute of limitations and apparently a the person sold the judgment. Now my roommate has gotten a letter saying they may file for a lien or wage garnishment.
If they own the Judgment, then they can try to collect it. Whatever license you think they do not have, has nothing to do with collecting against the debtor. You would only be able to file a complaint with the State.
Our company hired a debt collection agency to handle our delinquent accounts. We have proof that they collected on at least $9150 on one account. They never paid us & we have been trying to get our money paid back to us & they are unreachable. Where do we need to report them & what can we do?
You will have to hire an attorney to find out to to serve the Defendant. Then sue, hopefully in a Tennessee Court, but probably you might have to go to the State where you agreed in writing to litigate. Federal
Court probably does not have enough money for jurisdiction here. There...View 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.