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Tennessee Collections Questions & Answers
1 Answer | Asked in Collections for Tennessee on
Q: Will I be asked if I can pay my credit card debt when I go to my civil court date?

My court date is soon and I’m anxious over whether I’ll be given the option to pay the debt or if action like wage garnishment will be taken. I think I’ve saved enough to pay whatever court fees I’ll have and enough for the debt itself.

Anthony M. Avery
Anthony M. Avery answered on Aug 16, 2021

Call the attorney prior to Court and try to settle for a lesser amount now. Do not tell what assets or income you have.

1 Answer | Asked in Collections for Tennessee on
Q: Am 81 years old and Ally has a judgement against me. I’m about to pay off my little Ford Fiesta can they take it??
Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Yes, it will be subject to Levy. Hire a competent attorney to claim your Exemptions with the Court.

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: What if my offender was paying me restitution and passes away
Anthony M. Avery
Anthony M. Avery answered on Apr 5, 2021

You might check to see if there is an Estate to file a Claim against. Otherwise, you might call the DA and see if there are any remaining paid in funds to receive. Finally you may check to see if the Defendant had assets which would justify a suit for Damages, if within the SOL.

1 Answer | Asked in Landlord - Tenant and Collections for Tennessee on
Q: i have been paying rent to an apartment, who now has no record of me lving there help?? please!!

My apartment complex got bought out by a new management company and has somehow moved me out of their system. They have now switched over to online rent payment option only and i have no way now of making my payments due to the webiste saying there is no record of me living at the adress. No one in... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

Yes, I would go talk to the management company in person. If the facts are as you describe, they should be able to fix the error in their system. You could also write letters/emails to the management company describing the issue and asking them to rectify. If you are still unable to resolve this,... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: My wife has medical bills in collections and they are trying to move them over to my name. Is that legal?
Anthony M. Avery
Anthony M. Avery answered on Oct 29, 2020

It is very possible to sue the spouse of a medical care debtor. It is arguably a necessity and the creditor can go after the spouse, but you can try to defend against it with a decent lawyer.

1 Answer | Asked in Collections for Tennessee on
Q: I was recently served for debt collection here in Tennessee. Where can I find info on how to provide an answer?

Can I offer to pay it in full before providing an answer? Will that dismiss the case? I’m so confused about what to do and obviously cannot afford a lawyer. I am wanting to pay in full and avoid garnished wages.

Anthony M. Avery
Anthony M. Avery answered on Oct 28, 2020

Assuming you were sued in General Sessions, no Answer is needed usually. Hire a competent attorney for a small fee to contact the collections attorney and attempt cash settlement. It is possible the creditor could even stop or improve any credit reports about that debt, and your lawyer needs... Read more »

2 Answers | Asked in Collections for Tennessee on
Q: Can you collect on a judgement that was issued for $18,000.00 dollars against a self employed contractor. What fee?

Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Tennessee on
Q: Which path would be better ?

I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.

Would it be better to Ask for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2020

You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: My husband and I were named joint defendants for collections civil summons, what happens if he cannot go but I do?

Will they be able to get a default judgement against him, even though I am there?

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

Yes a Default Judgment is possible against any defendant that does not show. You can cross examine about exactly who is liable on the debt, what payments have been made, etc. The critical legal issue is what you and him own together though, especially real property, for post judgment execution... Read more »

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I live in Tennessee, and I sold a suv to son an daughter-inlaw and they stop making payments
Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... Read more »

2 Answers | Asked in Collections and Consumer Law for Tennessee on
Q: Can they collect on debt from 2013

She said this is from check into cash from TN. I didn’t even live in TN in 2013 and has an old address from 2011. She said they a trying to file suit against me. Can they do that if this is not my debt

Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

Yes they can sue you. If served, hire a competent attorney to represent you. Talking to the creditor on the phone after telling them it has nothing to do with you will not help. The creditor should be forced to produce the check, any other writings about the same, and possibly a witness.

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1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: 39-13-101(a)(3)i work @ a rent to own company i placed my foot in a customers door. My intention maintain contact. good?

after 30 mins of waiting on his porch after contact was broke i knocked on the door. he answered, we said a few things, not argumentative, just discussing his options return or pay. i propped my foot in the door to prevent him from closing the door and ending contact. my intentions for doing that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

Hire a competent attorney to represent you on the Assault Charge. You will need to prepare for a Preliminary Hearing. Unless there are other facts than what you have set out, I would not agree to Diversion but try it if it is not dismissed after the Prelim. Do not have any contact/communication... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: Should I respond to a lawyers collection letter?

My son and I have the same name, Jr and Sr. He is deep in debt, I have good credit. Lawyers are sending me letters giving me 30 days to respond. I assumed they googled our name and found my address and assumed I am Jr. Do I need to respond. Can I tell them to buzz off?

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2020

You might be best served by disputing the Debt in writing. The collection outfit might go ahead and sue you. They will definitely affect your credit, where you should also make a written dispute. Also your Son might also contact them and explain who you are.

2 Answers | Asked in Bankruptcy and Collections for Tennessee on
Q: Would a judgement proof letter help or hurt us Creditors are calling we haven’t paid in a year or so

We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023

Michael Hollins Sr.
Michael Hollins Sr. answered on Jul 3, 2020

If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.

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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

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2 Answers | Asked in Consumer Law and Collections for Tennessee on
Q: I have a creditor that call all day everyday. For months now . Do I have a case
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you... Read more »

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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 »

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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 »

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