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Tennessee Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation and Criminal Law for Tennessee on
Q: I recieved a check from Craigslist for a job opportunity. opened a bank account with that check.

I thought check was good. I called the bank on check and it said the check would clear. Now the bank is trying to press criminal charges for fraud.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 11, 2018

If you receive a check from an unknow force, don't take any money from it until it clears the bank.

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 6, 2018

It depends.

I don't know enough facts about your case to answer that. You should consult with a local civil attorney.

1 Answer | Asked in Banking and Bankruptcy for Tennessee on
Q: I filed for bankruptcy in March I was arrested for a worthless check in April that’s inculded in my bankruptcy

I had to pay 300$ to get out jail I have paid my lawyer the 1500$ for my bankruptcy but haven’t been to court yet to finalized it but now I have a worthless check charge the check was for 1500$ I have never been in trouble or in jail and have a clean record I want to know what I need to do now... Read more »

Timothy Denison
Timothy Denison answered on Apr 26, 2018

The automatic stay does not operate to stay criminal prosecutions for criminal acts. While the stay would prevent the creditor with the worthless check from proceeding against you civilly, it does not stay criminal action for the crime of writing the worthless check. The worthless check debt most... Read more »

1 Answer | Asked in Banking and Collections for Tennessee on
Q: I had a payday loan and have not been able to pay it back yet. they are now sending me threatening emails..Is this legal

Despite our previous reminder, we still have not received any payment or answer from you. Therefore, we regret to inform you that if we do not obtain the payment of $686.52 in full before today we will have no other alternatives but to undertake court actions against you in order to retrieve the... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 17, 2018

Debt collection agencies are not allowed to use harassing tactics to collect a defaulted debt pursuant to the Fair Debt Collection Practices Act. Consult local counsel to determine if you have any options.

1 Answer | Asked in Banking and Family Law for Tennessee on
Q: im 18 years old and my dad has been keeping my bank card and he wont give it to me and im moving out what do i do
Marjorie A Bristol
Marjorie A Bristol answered on Feb 16, 2018

Go to the bank and ask for a new one. They will cancel the one your dad has and issue a new one. Some can even give you a temporary card on the spot.

1 Answer | Asked in Banking, Small Claims and Collections for Tennessee on
Q: Bank account levied. Creditor has judgement. Can I motion to Quash?

My bank account has my paycheck direct deposited. Can i motion to Quash for exceeding the 25% limit allowed for wages garnishment? All of my pay goes into this account and they froze everything. Does the law cross over to apply when bank account is levied?

Bennett James Wills
Bennett James Wills answered on Feb 5, 2018

You could file a motion to quash a garnishment and/or a slow pay motion to try and get some relief.

1 Answer | Asked in Banking and Probate for Tennessee on
Q: My MIL passed away earlier this month, no will. She has money in her bank acct, can we withdraw it? If so, how?
Marjorie A Bristol
Marjorie A Bristol answered on Jan 31, 2018

You should call the bank and see if she named a beneficiary upon death. If she did, then the money belongs to that person.

1 Answer | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: I pawned my wedding ring on 8.11.17...for 250$.on 11.21.17 I went to get it and they said I owe 600$!!! I read the law..

The TN lawn broker act of 1988, which states they can charge a fee up to 1/5th of the loan and 2 %interest. I have a picture of their screen, that has their charges... And it says 20%? Pawned for 250$, there is interest on the 90 days and I went to get it out on the 92nd day and was told it is 600$... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 23, 2017

You are right as to the fee and 2% interest per month...24% per annum. In 93 days the amount on 250 would not be 600. You should contact the local attorney general and advise them of what you believe is an unlawful practice.

45-6-210. Rate of interest Other charges permitted.

Read more »

1 Answer | Asked in Banking and Family Law for Tennessee on
Q: My spouse and I married later in life.

We sold our homes in our respective states, combined our funds, and purchased a home in Tennessee. The remaining funds were placed in a bank account under my spouse's name. I had full access to that account using a password my spouse gave to me.Recently, my spouse changed the password and... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 10, 2016

If the account was created after you got married, there is a high probability it will be considered "marital property" under Tennessee law. You need to obtain and retain the closing documents from the sale of your prior to show that you contributed to the account. You wife may try to... Read more »

1 Answer | Asked in Banking and Child Support for Tennessee on
Q: I owe a lot in back child support. I had my first child young and hit with it after turning 18. Can my bank be levied?

Further detail to that, can it be levied if I am paying the child support order and 100 a month towards arrearage?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 26, 2016

If a judgment has been ordered, issuing a levy on a bank account is one of the methods of collection. However, you say you are paying the current support and a monthly payment on the arrearage, and if so, its seems unlikely that they will go further. They are getting the money and a little extra.... Read more »

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