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Tennessee Banking Questions & Answers
3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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1 Answer | Asked in Banking for Tennessee on
Q: I have a credit company calling about a supposed unpaid debt from US Bank credit card. What is SOL for Tennessee?

I lived in VA when the alledged credit card was used. They said that the account was paid on until 2008, which I deny, or if it was it was not from me.

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2020

Ten years from your last payment on the debt which is a breach of contract.

1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: Post dated a check for 01OCT lender cashed 16SEP resulted in hardship

I called them to complain about this error and get the money back because they had left 3$ in my bank acc and they said 7 days to get a check... okay whatever 10 days later I called turns out they processed the check. I read TN penal codes and nothing discusses this issue only what the check cashed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

No.. You gave them a check, and they cashed it at their leisure. This happens all the time, and the payee is not breaking a law by negotiating the paper early. You could try to sue the payee for breach of contract, but it is not advisable.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Adam Savett
Adam Savett answered on Sep 10, 2020

It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.

You see there are different parts of a loan - origination and servicing.

Loan origination is the process by which a borrower applies for a new loan, and a lender processes that...
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1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

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?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

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.

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as... Read more »

2 Answers | Asked in Banking, Identity Theft, Criminal Law and Civil Rights for Tennessee on
Q: My caretaker took $30,000 out of my bank account using my pin number after he his my medication and made me bed ridden.

The bank denied my despute. What can I do?

Cayley Turrin
Cayley Turrin answered on Jan 5, 2020

I would talk to the police.

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1 Answer | Asked in Criminal Law and Banking for Tennessee on
Q: If you are given someone's debit card freely and it is used several times how do you prove you didn't know it was used?
Cayley Turrin
Cayley Turrin answered on Dec 11, 2019

Well first problem is why do you even have someone else's debit card? That is a big issue in this fact situation.

1 Answer | Asked in Banking for Tennessee on
Q: Can I get my car that's paid off exempt from seizure? If I lost my job and defaulted in a cc?

Someone came to my roommates house today and dropped papers off for me and it just so happen to be a civil summons in regards to a c.c bill I defaulted on when I lost my job. I know they can take whatever I own in order to satisfy a judgement but it also says that if I want property exempt from... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

Hire a competent attorney that understands notes and exemptions. Few know how to exempt property, which is what you should do now and in the future for at least 10 years. The attorney should attempt to make the contract debt as painless as possible, then properly exempt your chosen personal... Read more »

1 Answer | Asked in Banking, Contracts and Collections for Tennessee on
Q: If a contract is drawn up that uses aspects of various titles and chapters in TN, is that contract valid if its signed?

Specifically Title 45 chapters 12 and 15 and Title 47 chapter 9 in TN state law. Using, not one set, of complete code guidelines, but pieces of all of them.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

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2 Answers | Asked in Banking and Contracts for Tennessee on
Q: How do I get compensated for Timeshare fraud? I have a team calling me saying that they can get my money back if I pay t

I am a victim of Time Share Resale fraud. I reported it to the state of FL. Now some 3 or 4 yrs later I now have a company named Consult and Recover saying that I have been approved for slot 63 of 65 for a payout since the Fraudulent people have been caught. The money is in an offshore account and... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 5, 2019

From just reading your question, the first impression is that you're dealing with a scam. However, if that CA attorney checks out, then it may not be a scam. One would need much more information to make that determination.

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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: So i was told I'd never get a lawyer to take my case.. I have more questions about banking though.. Like why does it say

Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.

1. All bank customers who deposit checks that later bounce are...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: Im being sued by a credit union. I was caught up by a, scam and lost over $3000. I asked b4 cashing the check. They ok'd

In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.

FYI: Whenever a check you deposit bounces you must repay all the money...
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1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: Is there anything I can do about this legally or should I have my bank fight this?

I went on a cruise and I was given a $150 credit. On the day I was to debark I had a $150 charge still on my account. It came to light that the $150 credit was posted the account of one of other people I was sharing the stateroom with (who had already been cleared to debark). I used cash the entire... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 16, 2019

No, the amount of money involved is way too small and the dispute can be solved between you are "the other guest." The law is not designed to solve every little problem that comes your way during this lifetime, The Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Banking and Real Estate Law for Tennessee on
Q: Can a lender charge 1% more on interest day before closing to discurage me not to buy ?
Anthony M. Avery
Anthony M. Avery answered on Jan 10, 2019

Probably they can, especially if you agreed to it by signing the Note and the Deed of Trust. If they gave you some specific reason why they did not want your business, then it might be something to report to HUD, but I doubt there is any merit. Also you are talking about going after the Lender... Read more »

1 Answer | Asked in Banking, Civil Litigation and Criminal Law for Tennessee on
Q: I recieved a check from Craigslist for a job opportunity. opened a bank account with that check.

I thought check was good. I called the bank on check and it said the check would clear. Now the bank is trying to press criminal charges for fraud.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 11, 2018

If you receive a check from an unknow force, don't take any money from it until it clears the bank.

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 6, 2018

It depends.

I don't know enough facts about your case to answer that. You should consult with a local civil attorney.

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