Tennessee Collections Legal Questions

In 1986 there was the case of ST. JOSEPH HOSP. v. PINSON which held that a spouse is liable to pay for the  other spouse's necessary medical expenses even if there is not a signed agreement to do so. That is the last case that I can find that addresses this issue and so as far as I can tell it is still good law. However, in the absence of you signing a specific agreement to be responsible for those bills, I think that the current courts would not hold you liable for his medical expenses.... Read More

If you filed for Chapter 7 bankruptcy and listed the payday loan company as a creditor, then you would have gotten a discharge order. If you don't have a copy, you can contact the bankruptcy court where you filed your bankruptcy and get a copy of the petition and discharge order and send it to the payday loan company.... Read More

I don't have anything legal to offer you. You and she have a contract which she has breached. You could sue her for the damages but the problem is that she probably has no money to to pay you and you are stuck with the car (and the debt if it wasn't paid in full). The only thing that I can suggest is that you sale the car, learn from this experience and move on as best as you can. Sorry I can not offer more.... Read More

There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues, such as what the terms of the lease state.   You should consult a local attorney because a local attorney can review your lease and determine what steps are appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

If you need an attorney in Memphis, there are numerous creditor's rights attorneys in the metro area.  This site is not a venue for obtaining legal representation. Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=creditors%20rights%20memphis This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It depends on what the plaintiff sued you for, and for what remedy the plaintiff asked.  Many monetary judgements allow the right to obtain garnishments, and place liens on property. You need want to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

The statute of limitations for a breach of contract is 6 years in Tennessee.  Please see: 'http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html You may need to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

You should speak with a local consumer rights attorney.  There are various statutes that may protect you from collection actions, and the debt holder may be time-barred from filing any suits against you.  The statute of limitations to file suit for breach of contract, in Tennessee, is 6 years.  However, there are certain rules exempting a creditor from enforcing the action even after the statute of limitations has tolled. A creditor is still capable of trying to collect the debt regardless of the tolling of the statute of limitations.  The statute merely prevents the creditor from using legal proceedings to enforce the debt. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

You should speak with a local consumer rights attorney.  There are various statutes that may protect you from collection actions, and the debt holder may be time-barred from filing any suits against you. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

It is likely that the statute of limitations has run on the debt, depending on several factors.  This means that the hospital cannot sue to collect on the amount owed.  They may, however, still try to collect on the debt.  You should contact a local attorney to discuss how best to rectify this situation, and make sure that the statute of limitations has tolled and that you have not reaffirmed the debt. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

In order to collect on this claim you would need a licensed collections agency or licensed MO attorney.  You can use martindale.com to search for MO collections attorneys. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

A collection company can not force you to pay anything.  It is there job to get you to pay, but cannot force you to pay.  The collection company may seek to get a judgment against you, and, should that happen, you should contact a local consumer rights attorney to discuss your options.     This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Under the Fair Debt Collection Practices Act (FDCPA), the law that allows you to dispute the debt and get verification of the debt, there are no time limits for when a collection agency has to provide verification of the debt. However, the FDCPA requires that a collection agency cease all activity in collecting the debt until it provides the requested verification; arguably, this includes selling the debt to another collection agency or returning the account to the original creditor. If you timely disputed the debt and requested verification of the debt (i.e. within 30 days of the initial collection letter), the debt is, figuratively, in limbo until that collection agency provides you with verification of the debt. If you receive any collection calls or letters regarding the debt, whether from the same collection agency or a different collection agency, prior to getting the verification you requested, you may be entitled to recover $1,000 in statutory damages and your reasonable attorney fees and costs associated with bringing an FDCPA claim.... Read More