I have a criminal judgement and a civil judgement against a former employee for embezzlement can i collect on both judge?
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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... View More 
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
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... View More
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
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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.
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.
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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.
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?
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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... View More
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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... View More
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.
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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.
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.... View More
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... View More
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... View More
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.
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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.
I don't want to take a chance to disrupt his recovery process.
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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... View More
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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.
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... View More
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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.
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... View More
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.
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?
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... View More
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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.
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... View More
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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.
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.
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... View More
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
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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... View More
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