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 politely get... 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 I couldnt... Read more »
Im not too sure what the question is.
If you are looking for an attorney, you can use this site to search for a family law attorney with experience in QDROs in your area. QDROs can be difficult so you should find someone who has experience in this area.
After ten year's of default on this loan I was finally issued a wage garnishment for it. Isn't it past the statute of limitations?
The statute of limitations is a defense that must be asserted/raised when the lawsuit is filed. If not asserted, the defense is "waived." Your question does not specify when the suit was filed, but apparently there is already a judgment against you ( the creditor can't issue a garnishment unless... Read more »
Generally it is 6 years from the last payment or the maturity date, whichever is earlier. There are variables, usually contained in the Note itself or a Modification.
The paperwork doesn’t have a date to file an answer by it just states “to appear before the general sessions court of ... on ... and then there to answer in civil action brought by ...
what is an answer and how do i write it? Do I even need to do so? There’s already a payment... Read more »
You have to go to Court. Be on time and respectful. If you dispute the debt, say so. The Plaintiff will probably continue it to produce evidence and/or testimony.
I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.
If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »
We didnt have a lease he agreed to pay 250 rent and half utilities and food. Has not paid anything for month of may and it's now June. How do I get him out this is my house
You must file a Detainer Warrant on him in General Sessions. Service on him or posting is notice to quit. Just ask for possession. This is only if you intend to live there as you are not the owner. You tell the Court you are a lessee and he is a sub-lessee. If not out in ten days, you must ask... Read more »
I was told to ask the accusing company for one but I don't know if that will help me or hurt my case since I am innocent
You can demand a Sworn Account by the Plaintiff, and can even file your own, old style, Sworn Denial. But this will probably cause a continuance. Later you will have to defend yourself. If there is over $ 500 involved, it is probably worth having an attorney, as execution of a potential judgment... Read more »
Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »
You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »
And served.
It states this is not a arrest warrant.
My docket # is CV25386 Can you tell me what kind of case this could be?
Obviously a civil case. But you need to call the Court Clerk and ask. It may be Sessions, Circuit or Chancery Courts. It is probably from General Sessions Court. If you do not respond, possibly a Default Judgment will go down against you, so call today.
issues.
In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.
In 6/18, I... Read more »
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank... Read more »
A judgement against me was ordered by the court on April 7th 2009. It was filed with the court clerk on May 23rd 2009. It was recorded in the Journal on June 15th 2009. Which date does the 10 year period expire on?
The Judgment Lien exists against your property in that County where it is registered for ten years from the date of Judgment. If it was ordered by the Judge on 4/7/2009, then the Lien lapsed last midnight. However the Judgment Creditor might have asked the Court to extend it for another ten... Read more »
More than likely a Default Judgment will be entered against you and any other Defendant. If your SSI goes into a Bank Account with your name, it is very easy for the Judgment Creditor to Garnish it. You will need to file a Notice of Exempt Property with the Court.
one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »
Hire a lawyer and file suit to block the sale and recover the money.
Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not... Read more »
Had a judgement for $3000 and was paid weekly from check till $0 balance. Now they sent in another for an additional $548 saying it was interest. Is this legal?
Money Judgments usually carry interest, Court Costs and fees due the Serving Officer. It can be very difficult to determine the exact amount owed at any certain time. Usually you can compute it for the end of a month, but neither the Courts nor the Judgment Creditor are bound by your... Read more »
It is possible that you owe multiple Debts. Or it may be the same Debt being sold to other Collection Agencies. Hire a competent attorney to force them to prove their Account Cause of Action in Court.
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