Lawyers, Answer Questions  & Get Points Log In
Tennessee Collections Questions & Answers
1 Answer | Asked in Collections for Tennessee on
Q: I want to pay a collection in full, does the creditor have to take the mark off of my credit or no?

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)

Bennett James Wills
Bennett James Wills answered on May 20, 2020

It would likely be marked as a satisfied collection. But they don't have to "remove" it so long as it was accurately reported.

2 Answers | Asked in Collections and Small Claims for Tennessee on
Q: How can I collect my judgement ?

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 »

Bennett James Wills
Bennett James Wills answered on May 14, 2020

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 »

View More Answers

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... Read more »

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: I have two judgements

I have a criminal judgement and a civil judgement against a former employee for embezzlement can i collect on both judge?

Anthony M. Avery
Anthony M. Avery answered on May 1, 2020

Assuming the criminal judgment involves Restitution, a convicted defendant on Probation will want to pay all Restitution and Costs first so he does not violate Probation. The civil judgment should be recorded as a Lien and pursued subsequent to the Restitution recovery. If the civil judgment... Read more »

1 Answer | Asked in Products Liability and Collections for Tennessee on
Q: ticket and also the truck was in my brother's name but now they're saying that they got a judgement against my father

my brother and father have the same last names except for the middle name and my dad has money and they're saying that they have a $14,000 judgment against my father but you're not on the truck did not get the ticket can you please tell us what to do

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Set up a consult with a Tennessee attorney before this develops further. It isn't something on which someone could advise based on these facts alone, and your post remains open for a month. A lot must have already happened for the matter to reach the judgment stage - maybe mail going to the... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: If i had a vehicle repossessed in 2010, what is the statute of limitations for a collection agency to take legal action

I got a phone call 2 days ago about a vehicle that was repo'd in 2010 and sold at auction in 2013(according to collection agency) and this is the 1st time ive been contacted by collections

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Usually the Note SOL is ten years from the last non-payment due date. But there may be some contract that modifies that, or the creditor may have got a Judgment on the Debt. If they sued upon the Note Deficiency, then they probably have until 2023 to collect, by levy, garnishment, etc.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: Can a debt buyer file a garnishment or lien against me? Can they try to collect without a license?

The person collecting is not the original creditor but a default judgment was received. It is still within the statute of limitations and apparently a the person sold the judgment. Now my roommate has gotten a letter saying they may file for a lien or wage garnishment.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

If they own the Judgment, then they can try to collect it. Whatever license you think they do not have, has nothing to do with collecting against the debtor. You would only be able to file a complaint with the State.

1 Answer | Asked in Collections, Consumer Law and Contracts for Tennessee on
Q: Our company hired a debt collection agency to handle our delinquent accounts. Never paid on money collected.

Our company hired a debt collection agency to handle our delinquent accounts. We have proof that they collected on at least $9150 on one account. They never paid us & we have been trying to get our money paid back to us & they are unreachable. Where do we need to report them & what can we do?

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

You will have to hire an attorney to find out to to serve the Defendant. Then sue, hopefully in a Tennessee Court, but probably you might have to go to the State where you agreed in writing to litigate. Federal

Court probably does not have enough money for jurisdiction here. There...
Read more »

1 Answer | Asked in Collections for Tennessee on
Q: I'm disabled and get SSI, if a judgment is brought against me , can they take my car, can I get a exemption
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

In Tennessee, there is a $ 10,000 Personal Property Exemption in addition to a few other Exemptions.

But before or after the Judgment, but prior to any Execution or Garnishment being issued, you must explicitly claim these Exemptions in writing with that particular Court. A good lawyer...
Read more »

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I was served papers by a debt collector to appear in court. Do I need a lawyer and why?

I gave a credit card company the run around when it was time for payments due to the fact that I was currently going from job to job and wasn’t in any position to pay. My account was sold to a debt collector. Now I have papers to appear in court.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

A decent lawyer should examine the Statute of Limitations, any Defenses, Compromises or at least work out a Slow Pay Order. If nothing else he should inform you of Exemptions. Garnishments will follow the Judgment now and in the future.

1 Answer | Asked in Collections and Contracts for Tennessee on
Q: Customer won't pay for work/parts he authorized abandoned car won't take our call authorized work/parts = 1600 Car = 300

We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 8, 2019

Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: Would I have to pay for an almost 10 year old water bill, that isn't even on my credit report?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Oct 4, 2019

The failure to list or report the debt to a credit reporting agency is irrelevant, the real issue is the statute of limitations: the legal deadline for filing suit. Beware; Local utility services are often non-profit agencies, and some have policies against allowing new services to individuals who... Read more »

1 Answer | Asked in Banking, Contracts and Collections for Tennessee on
Q: If a contract is drawn up that uses aspects of various titles and chapters in TN, is that contract valid if its signed?

Specifically Title 45 chapters 12 and 15 and Title 47 chapter 9 in TN state law. Using, not one set, of complete code guidelines, but pieces of all of them.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.

1 Answer | Asked in Collections for Tennessee on
Q: A civil warrant notice was on my door...to call sheriff office. For my son in rehab what do I do? He hasn't lived here

I don't want to take a chance to disrupt his recovery process.

Anthony M. Avery
Anthony M. Avery answered on Sep 17, 2019

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 »

1 Answer | Asked in Collections for Tennessee on
Q: can A pension of disabled person be garnished or attached by Collection company
Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2019

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.

1 Answer | Asked in Collections for Tennessee on
Q: Did I just restart my statue of limitations, by agreeing to a settlement verbally? Can they take me to court now?

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... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 4, 2019

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.

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on
Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

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... Read more »

Cayley Turrin
Cayley Turrin answered on Aug 19, 2019

Im not too sure what the question is.

1 Answer | Asked in Divorce, Collections and Internet Law for Tennessee on
Q: need some on to do a motion to entry Qdro order for alimony arrears.
Bennett James Wills
Bennett James Wills answered on Aug 12, 2019

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.

2 Answers | Asked in Collections for Tennessee on
Q: My signature loan is over 10 year's old can they still garnish my wages or is their a statute of limitations?

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?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 1, 2019

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... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: What is the statute of limitations on bank account debt?
Anthony M. Avery
Anthony M. Avery answered on Jul 10, 2019

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.