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Tennessee Collections Questions & Answers
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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Anthony M. Avery
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,... Read 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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Anthony M. Avery
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 Personal Injury and Collections for Tennessee on
Q: Can I sue for stress, over a loan. Constant bereavement of phone calls?

Have a foot not healing from surgery, I think stress maybe a factor in it not healing

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. You would need to check with a local attorney if the phone calls violate Tennessee collection laws in terms of hours, tactics, etc. and whether the conduct is egregious enough to rise to the level of mental... Read more »

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: How can a law firm say you breached a contract you never received or signed?

I supposedly have a judgement against me over $100 even though I've never seen it. The law firm called my job and talked bad about me. Then I agreed to pay $125 I kept paying it, but did not sign a contract stating I would. Last month I only paid $50 because again I didnt sign anything. My job... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 19, 2022

You are entitled to protections under the Fair Debt Collections Practices Act - including obtaining in writing the full basis for any claimed debt or debt validation. But you must write them to request.... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: If the repossession of my vehicle took place while incarcerated causing me to miss payment is that legal

I paid $2,000 down on a used vehicle was incarcerated Miss first payment and it was repossessed is this legal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You will need to read your finance contract for the repossession terms. But that contract is between you and your lender, not the State or County. Missing payments because of incarceration is not the lender's problem, and a proper self help repo while you are jailed is not illegal.

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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Anthony M. Avery
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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Anthony M. Avery
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... Read 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.... Read 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.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I just received a criminal summons for a $22 check I wrote that was returned due to the fact my bank account had been

Hacked. I made then aware i would be it soon but dealt with an accident in the family and then had covid. I have a court date for next week but can I just not pay this and not have to go to court. I just started a new job as well and cannot miss work. Thank you for your guidance with this matter.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 2, 2022

Probably need to go to Court, pay everything and get it dismissed. Hire an attorney to handle this, but expect to attend Court.

1 Answer | Asked in DUI / DWI, Civil Rights and Collections for Tennessee on
Q: If I offered to pay my fines and court fees in full and they refused the money because of an active FTA warrant and

Remaining Probation fee’s is there something I can do because they refused to take my money a

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 25, 2022

Hire an attorney to go to Court, Docket or not, and handle the entire problem at once.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 31, 2022

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

2 Answers | Asked in Small Claims and Collections for Tennessee on
Q: I am being sued for not paying a credit card. If I’m in debt consolidation and they’re paying in full do I need a lawyer

I’m in tennessee. The case is in June

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2022

Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.

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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison
answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

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1 Answer | Asked in Collections, Consumer Law, Contracts and Identity Theft for Tennessee on
Q: A person with the same name used to live at my address. The creditor sued and won a judgement. I never got notice.

Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.

1 Answer | Asked in Collections for Tennessee on
Q: How do I register a Missouri foreign judgement in Tennessee's Knox County Circuit Court?

I have a certified copy of the Missouri judgment. What form do I fill and where do I submit it? Circuit Court personnel will not provide this information, only how much it costs to register the judgement.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 30, 2021

Hire a competent TN attorney to Register the Foreign Judgment, as well as looking into the Judgment Debtor. Collections can be a difficult process at best, and impossible in many circumstances. Just localizing the Judgment does not collect a cent.

1 Answer | Asked in Collections for Tennessee on
Q: Is the caller a scam?

I received a call stating that a claim would be filed against me in my county and stating my name, they also said that an order to locate would be filed if I didn't contact this 855 number and that my legal rights would be forfeit.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 20, 2021

Do you owe someone money? It may or may not be bogus, even if not a proper collection dunning call. Obviously you do not lose legal rights by not calling them back. But if you are served with a suit, inaction will result in a default judgment. Do not know what an order to locate is.

1 Answer | Asked in Collections for Tennessee on
Q: Im being sued for older medical bills that I don't believe I owe, what type of lawyer do I need or should I represent my
Bennett James Wills
Bennett James Wills
answered on Dec 6, 2021

You may have options and defenses. How old is the debt? It may be out of the statute of limitation period. Have you requested a verification from the creditor? Why do you think you do not owe it? You should have your issue reviewed by an attorney to see what options you may have.

1 Answer | Asked in Car Accidents and Collections for Tennessee on
Q: Cav Garner and Connor suspend my dls again for falling behind on payments where I got sued I was to pay 100 a monh N,

I've been paying but skipped a couple month can they take my DLS they're a debt collector live in TN

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 29, 2021

Yes.. The collection agent can write the Department of Safety about your default. That will revoke your Conditional Release and Suspend your TN DL.

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