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Tennessee Collections Questions & Answers
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 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.

1 Answer | Asked in Collections and Consumer Law for Tennessee on
Q: A business is trying to collect money via lawsuit - but didn’t follow proper collection procedure to begin with?

A business texted, harassed, and threatened customer regarding money owed. They then filed a lawsuit. How do you address the improper collection actions with the court?

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

You can bring a cross complaint. But, first, make certain what they did was illegal, and that the are the type of creditor that is precluded from those actions.

Consider consulting with experienced debt collect defense/FDCPA attorneys in the state where this occurred.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm in Tennessee. My friend had her vehicle confiscated. She owns it free and clear but she had a judgement entered 2018

The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More

Anthony M. Avery
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answered on Sep 22, 2023

Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.

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1 Answer | Asked in Collections for Tennessee on
Q: Can a judge lower the amount owed on a debt if a verbal deal was already made with collections prior to the court date?

I made a deal with Nathan & Nathan for 3 installments in return for them to settle the debt and drop the judgement. Only papers were served, no judgement was awarded yet. So I'm wondering if when I show up to court on the date in my served papers if judges (ever do or can) still lower the... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 22, 2023

Judges are not likely to change the terms of the agreement. And, depending on the terms of the agreement, they may have no authority to do so.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I got sue from the fitness center from breaking the 3 year contact when I'm not even signed I was out of the country

I got sue from the fitness center from breaking the 3 year agreement when I'm not even signed I was out of the country when the agreement was signed it was my husband who signed the contract so my question is,is this contract valid?

Anthony M. Avery
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answered on Apr 28, 2023

If there is a judgment, then you must attack it for lack of jurisdiction. The merits may not help. Hire an attorney or prepare to be garnished/executed upon, where you need to assert your exemptions.

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Gov & Administrative Law for Tennessee on
Q: What is a civil warrant that recalls suspended sentence for non payment of probation fees but it's been 1 year since

The end of your probation period can you go to jail?

Anthony M. Avery
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answered on Apr 7, 2023

If it is a Civil Warrant for General Sessions Court, then a VOP is not an issue. However once a Judgment for money is entered, post-judgment asset discovery is a possibility where contempt of Court is a possibility. Nonpayment of Court Costs can affect your Licenses. The Court Clerk is after... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

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