Tennessee Collections Questions & Answers

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?

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
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 destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...

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

1 Answer | Asked in Collections for Tennessee on
Answered on Jan 15, 2019
Anthony Marvin Avery's answer
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 computations. I would compute it myself based on the exact language in the Judgment through the end of a month, then call the Court Clerk and ask if that amount will satisfy the Judgment in full. If you...

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

1 Answer | Asked in Collections for Tennessee on
Answered on Dec 28, 2018
Anthony Marvin Avery's answer
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.

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

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
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..

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?

2 Answers | Asked in Collections for Tennessee on
Answered on Dec 14, 2018
Leonard Robert Grefseng's answer
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 lawyer for advice on your specific situation.

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

1 Answer | Asked in Collections and Health Care Law for Tennessee on
Answered on Nov 20, 2018
Anthony Marvin Avery's answer
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 was never listed as a Creditor, then the Debt was probably not Discharged, and is enforceable six years from the date that the Debt was created, or ten years from date of Judgment.

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

1 Answer | Asked in Collections for Tennessee on
Answered on Nov 1, 2018
Anthony Marvin Avery's answer
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.

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

1 Answer | Asked in Collections for Tennessee on
Answered on Nov 1, 2018
Leonard Robert Grefseng's answer
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 interest purchaser attend the sale assures the Bank ( and you) that the sale will bring true fair market value, and so the Bank will get paid the actual value of the collateral , the foreclosure will...

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

1 Answer | Asked in Collections for Tennessee on
Answered on Oct 23, 2018
Anthony Marvin Avery's answer
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.

Q: I'm being given death threats from 2 individuals, from a group I was "working" with. they issue me a cease and desist.

1 Answer | Asked in Employment Law, Personal Injury, Collections and Libel & Slander for Tennessee on
Answered on Oct 2, 2018
Peter N. Munsing's answer
You have a claim for unjust enrichment, possibly contract claims and conversion. You need a member of the Trial Lawyers Assn for the place where this happened or the corporation is located. Look for one who handles commercial claims.

Q: What if it has zero nicotine

1 Answer | Asked in Collections, Health Care Law and Internet Law for Tennessee on
Answered on Sep 12, 2018
Timur Akpinar's answer
It looks like part of your question is missing and may have inadvertently been left out.

Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Answered on Aug 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
It depends.

I don't know enough facts about your case to answer that. You should consult with a local civil attorney.

Q: will tennessee extradite a person back to florida if an warrant has been issued a for them unpaid restitution

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Answered on Jun 22, 2018
Anthony Marvin Avery's answer
If Florida applies for Extradition, Tennessee will probably pick him up and hold him as a Fugitive From Justice. Once the Arrest is made, Identity may become an issue , but Bond is either very high or nonexistent. Then Florida must come here to pick him up for Violation of his Sentence Requirements. After a few months and Florida does not come here to get the prisoner, he might be released.

Q: I received a letter (not certified) from a collections attorney. I've checked my credit report and what they say I owe

1 Answer | Asked in Collections for Tennessee on
Answered on May 9, 2018
Leonard Robert Grefseng's answer
If you don't think you owe it, tell the attorney y the debt is DISPUTED ( use that word) and demand he provide "verification" of the debt from the law firm. There is a Federal law called the "Fair Debt Collection Practices Act" which governs debt collectors. There are lots of good internet websites on debtors rights so you maybe so do some basic research on that law. It sounds like the action may be barred by the statute of limitations ( the time limits on suing). However, much more...

Q: Have a cashier ck with paid in full on it.But the collection agency said that the settlement offer was not paid off.Want

1 Answer | Asked in Collections for Tennessee on
Answered on Apr 23, 2018
Leonard Robert Grefseng's answer
I would not pay the collection agency anything else- I would let them take me to court if I had made a deal with the agency and paid the agreed amount.

Q: Paid a settlement amount a year ago.Now they want more

1 Answer | Asked in Collections and Legal Malpractice for Tennessee on
Answered on Apr 20, 2018
Leonard Robert Grefseng's answer
your question really doesn't contain enough information to provide an accurate answer. If you truly "settled' the debt, hopefully there are letters, cancelled checks, or receipts or other documents that can prove what the agreement that was made. ALWAYS get it in writing. If is was just a verbal agreement or a telephone conversation, there could be a problem. However, debt collectors can make mistakes like anyone else, so there is also the possibility that the recent collection effort is just...

Q: I had a payday loan and have not been able to pay it back yet. they are now sending me threatening emails..Is this legal

1 Answer | Asked in Banking and Collections for Tennessee on
Answered on Apr 17, 2018
Bennett James Wills' answer
Debt collection agencies are not allowed to use harassing tactics to collect a defaulted debt pursuant to the Fair Debt Collection Practices Act. Consult local counsel to determine if you have any options.

Q: Paid debt before warrant was served. Will they still serve me.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Answered on Apr 5, 2018
Bennett James Wills' answer
Maybe. It would likely be served in person.

Q: My dad recently died with a large amount of debt on his house i want to know if that debt gets transferred to his kids?

1 Answer | Asked in Real Estate Law, Collections and Probate for Tennessee on
Answered on Mar 19, 2018
Anthony Marvin Avery's answer
If the Heirs-At-Law take ownership of the real property, then they take the property subject to the Deed of Trust and/or Judgment Lien. It does not become their personal obligation and they cannot be sued upon it. But if the Debts are not paid, the Creditor can foreclose and/or execute upon the real property, with no notice to the new owners. The debt becomes In Rem, not In Personam.

Q: Can you do jail time for failure to pay rent to own product in Tennessee?

1 Answer | Asked in Civil Rights and Collections for Tennessee on
Answered on Mar 13, 2018
Leonard Robert Grefseng's answer
No, although the failure to pay is a breach of contract, it is not a criminal offense. Failure to pay will however, result in losing the item being rented- the company is entitled to reposess the item, and if you don't allow that ,or if you interfere with that process, there is a criminal offense called "hindering a secured creditor." Your question doesn't really explain your situation, so consult an experienced lawyer before you take any action.

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