Anthony Marvin Avery's answer 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 destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Anthony Marvin Avery's answer 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 computations. I would compute it myself based on the exact language in the Judgment through the end of a month, then call the Court Clerk and ask if that amount will satisfy the Judgment in full. If you...
Anthony Marvin Avery's answer 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.
Leonard Robert Grefseng's answer The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..
Leonard Robert Grefseng's answer It sounds k=like the debt is barred by the statute of limitations- however that is only a defense in the event they filed a lawsuit against you. It does not prevent them form trying to collect the debt ( asking you to just pay it). If they add it to your current service, consult an experienced lawyer for advice on your specific situation.
Anthony Marvin Avery's answer Was TennCare listed as a Creditor in your Bankruptcy? Were they listed as an unsecured, non-priority Debt? And if so, did the State fight it? You must look at your Bankruptcy File, and will probably have to spend alot of time with the Court's File. Hire a competent attorney. But if TennCare was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.
Anthony Marvin Avery's answer You will need to hire a competent attorney to examine the Court Records and inquire of the Garnishment Clerks. Sometimes not all Court Costs are added up until a Levy goes out.
Leonard Robert Grefseng's answer There is no easy answer. Have you considered bankruptcy? Consult a bankruptcy attorney before making any final decision. If you already have a interested and able purchaser, you might approach the Bank about foreclosing on the house: the bank really doesn't want to own the house, and having a truly interest purchaser attend the sale assures the Bank ( and you) that the sale will bring true fair market value, and so the Bank will get paid the actual value of the collateral , the foreclosure will...
Anthony Marvin Avery's answer They probably are relying upon the Divorce Statutes for additional Fees. Since there was no Contract, Note, etc., there is no contractual obligation. You need your Divorce Attorney to represent you in Court, and be ready to pay that day.
Peter N. Munsing's answer You have a claim for unjust enrichment, possibly contract claims and conversion. You need a member of the Trial Lawyers Assn for the place where this happened or the corporation is located. Look for one who handles commercial claims.
Anthony Marvin Avery's answer If Florida applies for Extradition, Tennessee will probably pick him up and hold him as a Fugitive From Justice. Once the Arrest is made, Identity may become an issue , but Bond is either very high or nonexistent. Then Florida must come here to pick him up for Violation of his Sentence Requirements. After a few months and Florida does not come here to get the prisoner, he might be released.
Leonard Robert Grefseng's answer If you don't think you owe it, tell the attorney y the debt is DISPUTED ( use that word) and demand he provide "verification" of the debt from the law firm. There is a Federal law called the "Fair Debt Collection Practices Act" which governs debt collectors. There are lots of good internet websites on debtors rights so you maybe so do some basic research on that law. It sounds like the action may be barred by the statute of limitations ( the time limits on suing). However, much more...
Leonard Robert Grefseng's answer your question really doesn't contain enough information to provide an accurate answer. If you truly "settled' the debt, hopefully there are letters, cancelled checks, or receipts or other documents that can prove what the agreement that was made. ALWAYS get it in writing. If is was just a verbal agreement or a telephone conversation, there could be a problem. However, debt collectors can make mistakes like anyone else, so there is also the possibility that the recent collection effort is just...
Bennett James Wills' answer 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.
Anthony Marvin Avery's answer If the Heirs-At-Law take ownership of the real property, then they take the property subject to the Deed of Trust and/or Judgment Lien. It does not become their personal obligation and they cannot be sued upon it. But if the Debts are not paid, the Creditor can foreclose and/or execute upon the real property, with no notice to the new owners. The debt becomes In Rem, not In Personam.
Leonard Robert Grefseng's answer No, although the failure to pay is a breach of contract, it is not a criminal offense. Failure to pay will however, result in losing the item being rented- the company is entitled to reposess the item, and if you don't allow that ,or if you interfere with that process, there is a criminal offense called "hindering a secured creditor." Your question doesn't really explain your situation, so consult an experienced lawyer before you take any action.
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