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Tennessee Collections Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
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answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee on
Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

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3 Answers | Asked in Tax Law and Collections for Tennessee on
Q: I had a car repossessed over 10 years ago. Now Ally financial has issued a 1099 for over $17,000. I am on a fixed income

What should I do with my problem. I am sure the IRS will not let me make payments on this. Plus the fines and interest.

James L. Arrasmith
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answered on Feb 4, 2024

Receiving a 1099-C for a debt that was forgiven or canceled, especially one from over a decade ago, can be distressing, particularly when on a fixed income. The IRS considers forgiven debt as income, which can indeed lead to a significant tax liability. However, there are steps you can take to... View More

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2 Answers | Asked in Collections and Civil Litigation for Tennessee on
Q: Do I need to appear in court if a civil warrant wasn't served?

I am involved in a collections case where a civil warrant was supposed to be served to me on December 5, 2024, but it was never actually served. I have not received any official communication regarding a court date, have not had any prior interactions with the creditor or collection agency, and... View More

Anthony M. Avery
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answered on Feb 19, 2025

I recommend you hire an attorney. If you do not show up, a default judgment could result. Garnishment/execution could occur. Yes you might set it aside later but it is better to address it head on. You might have a defense which needs a sworn denial, etc.

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1 Answer | Asked in Contracts, Business Law and Collections for Tennessee on
Q: What legal action can I take for overdue payment as an independent contractor in TN?

I am working as an independent contractor for a company that is two weeks overdue on paying my latest invoice. The payment terms we agreed upon are net 10, and I have this in writing. I contacted the company both by phone and email, and they stated that their payment system has been down for 15... View More

Frank J. Steiner
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answered on Feb 18, 2025

Have an Attorney write a letter on your behalf. When companies miss payments, take it serious. I have a commercial dispute now that rose from missed payments.

2 Answers | Asked in Bankruptcy, Contracts, Civil Rights and Collections for Tennessee on
Q: Got subpoenaed for a civil case from a debt collector who purchased the debt / child support might be involved also ???

The original collect was an credit card/loan from 2022 but they charged it off and now it’s a new collector and I just got subpoenaed couple days ago and it’s kinda weird because it’s demands are similar to the child support system requirements in dealing with also and it’s the same court... View More

Keith Edmiston
Keith Edmiston
answered on Feb 9, 2025

Bankruptcy is certainly an option. Judgments are just as dischargeable as other debts, but sometimes its better to filea bankruptcy before the hearing, simply because a judgment can be recorded and operate as a lien on your property, real estate or personal property. Child support can be dealt... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation and Collections for Tennessee on
Q: Help LLC moved all the flipping properties out of LLC into their personal names or sold after the lender asks for loan

What actions must a lawyer take to get a hard money lender their money back with the flipping LLC moves the properties out of the LLCs names into their personal names/relatives names& their other flipping companies names after the hard lender asks for their funds back and receive nothing for 14... View More

Anthony M. Avery
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answered on Feb 1, 2025

Lender needs to file a creditors' bill in Chancery against all interested parties. Lis Pendens against the real property collateral will be needed also. Very difficult suit so Lender needs a good lawyer.

2 Answers | Asked in Consumer Law, Contracts and Collections for Tennessee on
Q: how to file a judgement lein on private property

Have judgement in Maryland, Debtor moved to Tennesee, has propery there. I want to file a lein. How do I do this

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 25, 2024

You must make your Maryland judgment into a Tennessee judgment before you can file a lien. I recommend that you hire a Tennessee lawyer to do that for you. It ought not to cost much.

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1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: I have a 50K judgement against someone and they wont pay me anything. How do I get a payment plan enforced by the judge

How can I garnish her business account or make her start a payment plan without using a lawyer? Are there things I can do myself?

Anthony M. Avery
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answered on Nov 20, 2024

Obviously you cannot handle this yourself. Hire a collection attorney on this. That is a fairly large amount of money which will take time and many attempts to get anything. It appears that you have not looked at your target closely yet, which you need to do now in order to get the attorney... View More

2 Answers | Asked in Contracts, Bankruptcy, Collections and Small Claims for Tennessee on
Q: How do I report Corporate Greed, and get assistance through a living situational hardship T-Mobile is putting me through

I have been homeless for over 2 years now, lost my job when I was homeless, and now that I'm getting help back on my feet, T-Mobile refuses to unlock my device to allow me to utilize a new carrier with true network coverage in my new living spaces area, so i can succeed at getting a new job!

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2024

You don't have a legal problem. You have a T-Mobile problem. There is nothing to report, there's no place to report, and there's no remedy for what you call corporate greed. T-Mobile does not need to unlock the phone you bought on whatever contract it was. You have the option of... View More

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1 Answer | Asked in Consumer Law, Civil Rights and Collections for Tennessee on
Q: Can you request phone records from a bank in discovery

Need to respond to the FDIC about the false statements that were made in the response to my complaint. Lawyer said that they didn't have any notes to prove that they called and confirmed my retainer

James L. Arrasmith
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answered on Jul 29, 2024

To request phone records from a bank during discovery, you need to include this request in your discovery demands. This process involves formally asking the court to compel the bank to produce the phone records that are relevant to your case.

First, consult your lawyer to ensure that this...
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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: If your sentence expires can tN hold you to a fine

Does fine collection expire

Anthony M. Avery
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answered on Jul 12, 2024

Yes, Court can maintain jurisdiction and incarcerate you. DOS can suspend TNDL.

1 Answer | Asked in Collections and Landlord - Tenant for Tennessee on
Q: My tenant broke his lease Mar 2024 with unpaid rent and damages not enough to be covered by security deposit.

He has'nt paid any todate nor is he willing to accept the damages

Anthony M. Avery
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answered on May 14, 2024

Hire a lawyer to file a Detainer Warrant. Sue For Possession Only, unless you are sure you can garnish his wages. You are wasting time, and that security deposit might have to be given back.

3 Answers | Asked in Collections for Tennessee on
Q: My bank account was just levied for a 18 year old debt I was unaware of. I’m in Tennessee. How do I fight this?

I was never served papers letting me know of this judgement.

Joel Gary Selik
Joel Gary Selik
answered on Mar 29, 2024

Review the court file. See how they claim you were served. Look into a motion to set aside the judgment.

Also, see if renewal was required and if it was done properly.

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1 Answer | Asked in Collections and Gov & Administrative Law for Tennessee on
Q: Can my license be suspended from none payment of fees and fines(NOT) related to any driving offense.
Anthony M. Avery
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answered on Mar 14, 2024

Yes...

1 Answer | Asked in Real Estate Law, Collections and Probate for Tennessee on
Q: I want my contributions reimbursed. What is the proper legal jargon to file under?

The judge ruled a partition by sale of my home. I would like to be reimbursed for my contributions. I have receipts for everything. What's the proper legal term for what I need to file in order to seek a judgment?

Anthony M. Avery
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answered on Mar 11, 2024

Hire an attorney to defend you and file an Answer. There you can claim contributions and reimbursements to be added to your share from the Common Fund. His Fee can actually be paid from the proceeds.

1 Answer | Asked in Child Support, Criminal Law and Collections for Tennessee on
Q: The TN Child Support Services is taking me to court to file a criminal contempt and for a judgment. What do i do next?

My business that was barely making ends meet; as of Nov2023 I decided to close the business and get a CD Driving job. I obtained my CDL Learners Permit in Nov2023 and discovered in December that I need to let my hair grow long enough to submit a Federal DOT Drug Screen; I had planned to submit... View More

Anthony M. Avery
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answered on Mar 4, 2024

You might want to hire a competent Bankruptcy attorney to file file a Chapter 13 Plan to pay the arrearages over five years. It can save your CDL (which is in jeopardy) and pay off the debt in 60 months.

1 Answer | Asked in Real Estate Law and Collections for Tennessee on
Q: Do I have a case in Tennessee?

I was sued by Midland Funding in Hawkins County, Tennessee, and a lien was placed against my home. I paid the debt to Midland Funding in September 2021 and was told then that the lien would be removed. Almost 2.5 years later and getting close to closing (selling home) and am told that there is a... View More

Anthony M. Avery
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answered on Feb 6, 2024

There is not much here. If the judgment lien is not removed there is a small monetary penalty available. Did you go to Court? Apparently not, and that was a mistake. Slander of title would be worth little with no real damages. Hire an attorney to get the lien removed, but do not expect... View More

1 Answer | Asked in Collections for Tennessee on
Q: Is it common practice for the plaintiff to ask for a continuance because the defendant was owed some documentation?

Monroe County, TN I am being sued by Discover Bank. I wasn't given anything except a summons and 3 copies of copies of statements with nothing on them besides amount owed, fees, charges, and interest. I had asked for documentation when contacted about the debt and hadn't gotten it. The... View More

Anthony M. Avery
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answered on Jan 31, 2024

You probably need to file a sworn denial before Court. Otherwise you will lose. You might want to hire an attorney to represent you. Most credit card cases are not tried, but if you owe then you might get a compromise.

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