I was served a civil summons and given a time and date to appear before the civil sessions court to answer a civil action brought by a debt collector (small claims). However, there was no Complaint attached to the summons, only an affidavit saying how much the debt collector claims I owe. Is there... Read more »
Answers are not usually filed in General Sessions Court. You go to Court and defend yourself. You are confused with Courts of Record. I recommend hiring an attorney to represent you to at least mitigate the Judgment amount, or even file a Notice of Exempt Property to forestall collection by... Read more »
My court date is soon and I’m anxious over whether I’ll be given the option to pay the debt or if action like wage garnishment will be taken. I think I’ve saved enough to pay whatever court fees I’ll have and enough for the debt itself.
Call the attorney prior to Court and try to settle for a lesser amount now. Do not tell what assets or income you have.
Yes, it will be subject to Levy. Hire a competent attorney to claim your Exemptions with the Court.
You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.
My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »
Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »
It is very possible to sue the spouse of a medical care debtor. It is arguably a necessity and the creditor can go after the spouse, but you can try to defend against it with a decent lawyer.
Can I offer to pay it in full before providing an answer? Will that dismiss the case? I’m so confused about what to do and obviously cannot afford a lawyer. I am wanting to pay in full and avoid garnished wages.
Assuming you were sued in General Sessions, no Answer is needed usually. Hire a competent attorney for a small fee to contact the collections attorney and attempt cash settlement. It is possible the creditor could even stop or improve any credit reports about that debt, and your lawyer needs... Read more »
Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »
If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.
I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.
Would it be better to Ask for... Read more »
You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may... Read more »
Will they be able to get a default judgement against him, even though I am there?
Yes a Default Judgment is possible against any defendant that does not show. You can cross examine about exactly who is liable on the debt, what payments have been made, etc. The critical legal issue is what you and him own together though, especially real property, for post judgment execution... Read more »
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?
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.
I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... Read more »
She said this is from check into cash from TN. I didn’t even live in TN in 2013 and has an old address from 2011. She said they a trying to file suit against me. Can they do that if this is not my debt
Yes they can sue you. If served, hire a competent attorney to represent you. Talking to the creditor on the phone after telling them it has nothing to do with you will not help. The creditor should be forced to produce the check, any other writings about the same, and possibly a witness.
after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... Read more »
Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication... Read more »
My son and I have the same name, Jr and Sr. He is deep in debt, I have good credit. Lawyers are sending me letters giving me 30 days to respond. I assumed they googled our name and found my address and assumed I am Jr. Do I need to respond. Can I tell them to buzz off?
You might be best served by disputing the Debt in writing. The collection outfit might go ahead and sue you. They will definitely affect your credit, where you should also make a written dispute. Also your Son might also contact them and explain who you are.
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 »
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