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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
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
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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
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
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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
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?
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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.
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
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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
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?
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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
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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.
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
answered on Mar 23, 2019
Hire a lawyer and file suit to block the sale and recover the money.
Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?
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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
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?
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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
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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.
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?
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..
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?
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
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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
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.
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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.
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