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Tennessee Collections Questions & Answers
1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
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answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee on
Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

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3 Answers | Asked in Tax Law and Collections for Tennessee on
Q: I had a car repossessed over 10 years ago. Now Ally financial has issued a 1099 for over $17,000. I am on a fixed income

What should I do with my problem. I am sure the IRS will not let me make payments on this. Plus the fines and interest.

James L. Arrasmith
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answered on Feb 4, 2024

Receiving a 1099-C for a debt that was forgiven or canceled, especially one from over a decade ago, can be distressing, particularly when on a fixed income. The IRS considers forgiven debt as income, which can indeed lead to a significant tax liability. However, there are steps you can take to... View More

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1 Answer | Asked in Collections for Tennessee on
Q: I got a call from a collection agency saying I owed for a check loan from back in 2013.

I do not remember ever doing one with them and said it was turned over to collections in 2019. They said it is for over $900 and if i do not pay it they will have me served and i will have to go to court and it will be well over $4000 then. I tried looking company that called up online with no... View More

Anthony M. Avery
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answered on Jul 12, 2023

You might ask the collection outfit to send you a copy of your alleged check loan. SOL on worthless check criminal charge has passed. If you ever acknowledged the debt, then 6 year SOL for suing starts then. If sued, make a sworn denial to be filed at Court and served. You will need an... View More

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Anthony M. Avery
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answered on Jan 3, 2023

You will want check out the financial condition of anyone you are going to sue. Especially land records might be beneficial for a prospective lien, or employment and banking for garnishment.

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2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... View More

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1 Answer | Asked in Collections and Landlord - Tenant for Tennessee on
Q: I won a judgment last year from my previous tenant, I'm in Nashville,TN. how I can collect it?
Anthony M. Avery
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answered on Jan 1, 2023

Hire an experienced collection attorney to either pursue it or forget about it. Apparently you do not know anything about the judgment debtor's financial situation, which you need to even to consider the collection process.

1 Answer | Asked in Collections and Landlord - Tenant for Tennessee on
Q: My tenant broke his lease Mar 2024 with unpaid rent and damages not enough to be covered by security deposit.

He has'nt paid any todate nor is he willing to accept the damages

Anthony M. Avery
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answered on May 14, 2024

Hire a lawyer to file a Detainer Warrant. Sue For Possession Only, unless you are sure you can garnish his wages. You are wasting time, and that security deposit might have to be given back.

3 Answers | Asked in Collections for Tennessee on
Q: My bank account was just levied for a 18 year old debt I was unaware of. I’m in Tennessee. How do I fight this?

I was never served papers letting me know of this judgement.

Joel Gary Selik
Joel Gary Selik
answered on Mar 29, 2024

Review the court file. See how they claim you were served. Look into a motion to set aside the judgment.

Also, see if renewal was required and if it was done properly.

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1 Answer | Asked in Collections and Gov & Administrative Law for Tennessee on
Q: Can my license be suspended from none payment of fees and fines(NOT) related to any driving offense.
Anthony M. Avery
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answered on Mar 14, 2024

Yes...

1 Answer | Asked in Real Estate Law, Collections and Probate for Tennessee on
Q: I want my contributions reimbursed. What is the proper legal jargon to file under?

The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?

Anthony M. Avery
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answered on Mar 11, 2024

Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.

1 Answer | Asked in Child Support, Criminal Law and Collections for Tennessee on
Q: The TN Child Support Services is taking me to court to file a criminal contempt and for a judgment. What do i do next?

My business that was barely making ends meet; as of Nov2023 I decided to close the business and get a CD Driving job. I obtained my CDL Learners Permit in Nov2023 and discovered in December that I need to let my hair grow long enough to submit a Federal DOT Drug Screen; I had planned to submit... View More

Anthony M. Avery
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answered on Mar 4, 2024

You might want to hire a competent Bankruptcy attorney to file file a Chapter 13 Plan to pay the arrearages over five years. It can save your CDL (which is in jeopardy) and pay off the debt in 60 months.

1 Answer | Asked in Real Estate Law and Collections for Tennessee on
Q: Do I have a case in Tennessee?

I was sued by Midland Funding in Hawkins County, Tennessee, and a lien was placed against my home. I paid the debt to Midland Funding in September 2021 and was told then that the lien would be removed. Almost 2.5 years later and getting close to closing (selling home) and am told that there is a... View More

Anthony M. Avery
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answered on Feb 6, 2024

There is not much here. If the judgment lien is not removed there is a small monetary penalty available. Did you go to Court? Apparently not, and that was a mistake. Slander of title would be worth little with no real damages. Hire an attorney to get the lien removed, but do not expect... View More

1 Answer | Asked in Collections for Tennessee on
Q: Is it common practice for the plaintiff to ask for a continuance because the defendant was owed some documentation?

Monroe County, TN I am being sued by Discover Bank. I wasn't given anything except a summons and 3 copies of copies of statements with nothing on them besides amount owed, fees, charges, and interest. I had asked for documentation when contacted about the debt and hadn't gotten it. The... View More

Anthony M. Avery
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answered on Jan 31, 2024

You probably need to file a sworn denial before Court. Otherwise you will lose. You might want to hire an attorney to represent you. Most credit card cases are not tried, but if you owe then you might get a compromise.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I have inquiries regarding lost court cost from 6yrs ago that resulted in a warrant and arrest ans unlawful search

I had paid probation off received my license back and paid 2 traffic tickets in this county and the found this 140 unpaid court cost from 6 yrs ago and issued me a warrant without notifying me that it needed to be paid or anything and they pulled me over for traffic stop ran my name seen I had a... View More

Anthony M. Avery
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answered on Jan 25, 2024

Hire an attorney to prepare for a preliminary hearing. If an illegal stop, then a Motion To Suppress may be needed. Be ready to pay off that cost , and all others, at Court. Maybe you can get the new charge dismissed.

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: A customer we had gave us a loan of 5000. 2 days before the loan was signed then she wanted the title to the car.

Money was given before signing an agreement that's when we were told she wanted the title to the car but the title is on mine and someone else name. We aren't behind and now they are recalled immediately to be paid in 10 days

Anthony M. Avery
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answered on Nov 21, 2023

The unsecured loan can be sued upon. After judgment, garnishment and execution may issue. It will be difficult to execute on a vehicle in two names.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: After a judgement is ordered in Tennessee, how long until the enforcement of that judgement can begin?
Anthony M. Avery
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answered on Sep 29, 2023

Usually 10 days after a Sessions Judgment and 30 days after a Judgment in Circuit or Chancery. Check for Appeals/Motions with the Court Clerk.

2 Answers | Asked in Real Estate Law, Contracts and Collections for Tennessee on
Q: What type of lawyer best represents an Home Owners Association aka HOA?

We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

There are law firms that specialize in representing HOAs.

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1 Answer | Asked in Collections for Tennessee on
Q: Handcuffed and detained for asking why officers needed to see my ID

I visited the laundromat recently and while wating for my wash to finish I grabbed what I thought wa my phone and went across the street to get something to eat. When I came out I seen the police standing behind my car.They asked for my id I asked "Why what did do?" The officer said... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

Was the officer wearing a bodyCam? If so, there may be a provable case, though the extent of recovery may make it not viable.

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