We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023
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.
What are my options to keep my house but to get rid of the RV?
Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.
Good Luck
d
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... Read 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)
It would likely be marked as a satisfied collection. But they don't have to "remove" it so long as it was accurately reported.
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... Read more »
You can use the Tennessee Property Database https://assessment.cot.tn.gov/RE_Assessment/ to try and see if the debtor owns property. Maybe that's the same one you mentioned.
You have some collection tools available. You could send interrogatories in aid of execution, take a deposition,... Read more »
I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.
I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read 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... Read more »
I have a criminal judgement and a civil judgement against a former employee for embezzlement can i collect on both judge?
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... Read 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... Read more »
I got a phone call 2 days ago about a vehicle that was repo'd in 2010 and sold at auction in 2013(according to collection agency) and this is the 1st time ive been contacted by collections
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... Read more »
In Tennessee, there is a $ 10,000 Personal Property Exemption in addition to a few other Exemptions.
But before or after the Judgment, but prior to any Execution or Garnishment being issued, you must explicitly claim these Exemptions in writing with that particular Court. A good lawyer... Read more »
I gave a credit card company the run around when it was time for payments due to the fact that I was currently going from job to job and wasn’t in any position to pay. My account was sold to a debt collector. Now I have papers to appear in court.
A decent lawyer should examine the Statute of Limitations, any Defenses, Compromises or at least work out a Slow Pay Order. If nothing else he should inform you of Exemptions. Garnishments will follow the Judgment now and in the future.
We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.... Read more »
Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the... Read more »
The failure to list or report the debt to a credit reporting agency is irrelevant, the real issue is the statute of limitations: the legal deadline for filing suit. Beware; Local utility services are often non-profit agencies, and some have policies against allowing new services to individuals who... Read more »
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.
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.
I don't want to take a chance to disrupt his recovery process.
You may want to check with the Sessions Court and see what the suit is about. And you might call the Deputy and inform him that the Defendant does not live there. But I would not lie to the Deputy, and if they have to reissue Process, so be it. You could just not do anything, and your Son might... Read more »
Very often a judgment creditor can garnish a retirement plan, to the extent it is not exempt. Hire a competent attorney to file a Notice of Exempt Property at the Court which rendered the Judgment. You must do this quickly.
I just spoke with a debt collector on the phone about a 10 or so year old debt. I was at work so when she offered to take a settlement of about about $240 on a $400 dollar debt I said sure, "i'll call tomorrow and take care of it at the settlement amount", but I really just wanted to... Read more »
They may argue that at Court. But if you knew there was a 10yr SOL, why did you even talk to them? I would not worry about getting sued now anymore than before, as it is not a resumption of payments on the note or contract. A Suit will probably involve attorney fees and costs though.
And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it... Read more »
Im not too sure what the question is.
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