Lawyers, Answer Questions  & Get Points Log In
Tennessee Collections Questions & Answers
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

View More Answers

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,... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Timothy Denison
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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..

View More Answers

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?

Stuart Gregory Steingraber
Stuart Gregory Steingraber
answered on Dec 14, 2018

Answering your question invites a discussion of the "statute of limitations". The law encourages prompt resolution of debt issues. The longer resolution is delayed, the greater the risk of harm to either party. Tennessee has established time limits on seeking the court's help in... View More

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Leonard Robert Grefseng
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... View 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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Employment Law, Personal Injury, Collections and Libel & Slander for Tennessee on
Q: I'm being given death threats from 2 individuals, from a group I was "working" with. they issue me a cease and desist.

there are many involved mostly a former billionaire and founder of a world wide known anti-virus company well his second in command after issuing me death threats to me and my girlfriendx slandered me to over 850k Twitter followers and made absolutely false acquisitions publicly. well. after going... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 2, 2018

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.

1 Answer | Asked in Collections, Health Care Law and Internet Law for Tennessee on
Q: What if it has zero nicotine
Tim Akpinar
Tim Akpinar
answered on Sep 12, 2018

It looks like part of your question is missing and may have inadvertently been left out.

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Aug 6, 2018

It depends.

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

1 Answer | Asked in Criminal Law and Collections for Tennessee on
Q: will tennessee extradite a person back to florida if an warrant has been issued a for them unpaid restitution
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2018

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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.