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Tennessee Collections Questions & 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 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.

1 Answer | Asked in Small Claims and Collections for Tennessee on

Q: I have been served with a summons to court for a debt from a flex loan. Do I need to file an answer for it?

The paperwork doesn’t have a date to file an answer by it just states “to appear before the general sessions court of ... on ... and then there to answer in civil action brought by ...

what is an answer and how do i write it? Do I even need to do so? There’s already a payment... Read more »

Anthony M. Avery answered on Jun 11, 2019

You have to go to Court. Be on time and respectful. If you dispute the debt, say so. The Plaintiff will probably continue it to produce evidence and/or testimony.

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Tennessee on

Q: No lease ,boyfriend didnt work out.he owes half rent half utilities for all may now its June he wont go.

We didnt have a lease he agreed to pay 250 rent and half utilities and food. Has not paid anything for month of may and it's now June. How do I get him out this is my house

Anthony M. Avery answered on Jun 3, 2019

You must file a Detainer Warrant on him in General Sessions. Service on him or posting is notice to quit. Just ask for possession. This is only if you intend to live there as you are not the owner. You tell the Court you are a lessee and he is a sub-lessee. If not out in ten days, you must ask... Read more »

1 Answer | Asked in Collections for Tennessee on

Q: If I am being accused of owing money I do not owe, should I ask for a copy of sworn account or would that hurt my case?

I was told to ask the accusing company for one but I don't know if that will help me or hurt my case since I am innocent

Anthony M. Avery answered on May 23, 2019

You can demand a Sworn Account by the Plaintiff, and can even file your own, old style, Sworn Denial. But this will probably cause a continuance. Later you will have to defend yourself. If there is over $ 500 involved, it is probably worth having an attorney, as execution of a potential judgment... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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2 Answers | Asked in Contracts and Collections for Tennessee on

Q: I received a post card from the Blount county Court Ten. Stating legal process has been issued by the court and forward

And served.

It states this is not a arrest warrant.

My docket # is CV25386 Can you tell me what kind of case this could be?

Anthony M. Avery answered on May 13, 2019

Obviously a civil case. But you need to call the Court Clerk and ask. It may be Sessions, Circuit or Chancery Courts. It is probably from General Sessions Court. If you do not respond, possibly a Default Judgment will go down against you, so call today.

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on

Q: Being sued by previous car lender, with issues.

issues.

In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I... Read more »

Anthony M. Avery answered on Apr 15, 2019

The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank... Read more »

1 Answer | Asked in Consumer Law and Collections for Tennessee on

Q: In TN when does the 10 year period of a judgement lien begin? The date of the court judgement, Date filed, date recorded

A judgement against me was ordered by the court on April 7th 2009. It was filed with the court clerk on May 23rd 2009. It was recorded in the Journal on June 15th 2009. Which date does the 10 year period expire on?

Anthony M. Avery answered on Apr 8, 2019

The Judgment Lien exists against your property in that County where it is registered for ten years from the date of Judgment. If it was ordered by the Judge on 4/7/2009, then the Lien lapsed last midnight. However the Judgment Creditor might have asked the Court to extend it for another ten... Read more »

1 Answer | Asked in Civil Litigation and Collections for Tennessee on

Q: what if you don't appear in civil court? Also what if you 're on SSI and can't pay the judgement?

Anthony M. Avery answered on Apr 1, 2019

More than likely a Default Judgment will be entered against you and any other Defendant. If your SSI goes into a Bank Account with your name, it is very easy for the Judgment Creditor to Garnish it. You will need to file a Notice of Exempt Property with the Court.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on

Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »

Timothy Denison answered on Mar 23, 2019

Hire a lawyer and file suit to block the sale and recover the money.

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on

Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?

Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?

Anthony M. Avery answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in Collections for Tennessee on

Q: Can a garnishment get more money than what was on the judgement? Like interest?

Had a judgement for $3000 and was paid weekly from check till $0 balance. Now they sent in another for an additional $548 saying it was interest. Is this legal?

Anthony M. Avery answered on Jan 15, 2019

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... Read more »

1 Answer | Asked in Collections for Tennessee on

Q: What if I paid and went to court last year but they just brought up another case saying I owe them again?

Anthony M. Avery answered on Dec 28, 2018

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.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

His insurance co paid the damages but not $900+ in fees charged by the rental company. Do I need to file a small claims case in TN or where I live to try to recoup damages?

Leonard Robert Grefseng answered on Dec 19, 2018

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..

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2 Answers | Asked in Collections for Tennessee on

Q: If a bill is from 1999 and the water comp wrote it off in 2005, can they ask for payment of same bill in the yr 2018?

They say if we dnt pay the bill by a certain day, they will add it to our current service for payment. Can they do that?

Leonard Robert Grefseng answered on Dec 14, 2018

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... Read more »

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1 Answer | Asked in Collections and Health Care Law for Tennessee on

Q: I owe Tenncare 40,000$. I filed bankruptcy in 2009. Its been 12 years since the tenncare incident.

Anthony M. Avery answered on Nov 20, 2018

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... Read more »

1 Answer | Asked in Collections for Tennessee on

Q: I live in Tennessee. My civil docket from 2014 is marked Closed. What exactly does that mean.

The last 2 entries are Filed Away and Order in Satisfaction of Judgement. It was an old debt the court issued a garnishment for and I just want to be sure that means it's fully paid and I can't get any trouble with the court. The order in satisfaction of judgement was February 2017.

Anthony M. Avery answered on Nov 1, 2018

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.

1 Answer | Asked in Collections for Tennessee on

Q: I am a senior 68 years old. I need to sell a rental house.

During the 2008-2009 market crash I got into financial trouble. There are a couple of credit card company liens on the rental property of 2010. How do I handle the situation because I own 41852 on the house and cannot sell the house for what is owed to the bank and pay the judgement amount at... Read more »

Leonard Robert Grefseng answered on Nov 1, 2018

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... Read more »

1 Answer | Asked in Collections for Tennessee on

Q: I am in Tennessee. What fees can a collection firm collect?

I am being sued by my divorce attorney for 12,000 that I do owe. The collection firm added an additional 4,000. I asked where did they come up with that number and they told me in TN it was customary to add 30%. I offered them $500 and they said their fees were firm. This is not some... Read more »

Anthony M. Avery answered on Oct 23, 2018

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.

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