Tennessee Debtor And Creditor Legal Questions

Although I don't claim to be a maritime law specialist or even practice in that area, 46 USCS § 31342 provides that (a)  Except as provided in subsection (b) of this section, a person providing necessaries to a vessel on the order of the owner or a person authorized by the owner-- (1)  has a maritime lien on the vessel; (2)  may bring a civil action in rem to enforce the lien; and (3)  is not required to allege or prove in the action that credit was given to the vessel. (b)  This section does not apply to a public vessel This usually means that the repair shop has priority over the holder of the promissory note on the boat especially if the holder of the promissory has not recorded a UCC 1. ... Read More

In the court where you obtained the judgment you file a general sessions civil warrant (general sessions court) or a motion to renew judgment (circuit/chancery court), set it for a hearing and serve a copy on the debtor at the last know address of the debtor. You go to court on the day of the hearing and ask the judge to renew the judgment. This must be done within the ten (10) year period from the date that the original judgment was obtained.  When the order renewing the judgment is granted, you need to send a copy of the order to the last known address of the debtor.... Read More

If the intent from the beginning of the loan was to take the money and run, I guess technically it would be a crime. However, the prosecuting entity (federal or state government) would have to prove what the intent of the borrower was from the beginning which might be difficult to prove if the borrower does not admit anything. However, if the bank had the house as security and was able to foreclose and get its money back, then it would suffer no loss.... Read More

The summary as you provided with this inquire appears to indicate that Equifax will not tell you why there is a block on your credit history. The first thing that needs to be done is to determine why there is a block? Sometimes a credit reporting agency will put a block if there is a claim of identify theft although there are other reasons too. I would follow their suggestion that you call during normal business hours and request it.  I would suggest that you need to create a notebook of everything that has happened to you in your dealings with them from the beginning and keep it current. Please advise me where you are located?... Read More

You 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.  Collections agency are prohibited from making empty threats by the FDCPA.  However, the FDCPA only applies to collections agencies, and it is unclear from your question who is making threats. Additionally, there may be some violations of consumer protection statutes designed to protect your interest.  A consumer rights attorney will be familiar with the law and can determine if there is any recourse for you. 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

If a creditor obtains a judgment against you, the creditor has the right to garnish bank accounts and other personal property.  It cannot be said what action a creditor may undertake, however.  I suggest that you contact a local consumer rights attorney to determine how best to proceed.  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 have a judgment, there is no statute of limitations.  The statute of limitations is a defense used to fight a lawsuit.  In this situation, the lawsuit has already taken place.  Therefore, there is no defense 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 bankruptcy or consumer rights attorney.  There are various statutes that may protect you from garnishment or other collection actions. 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

Old credit card debts are often sold to third party debt collectors. If the original creditor sold the debt, it should show as a charge-off. I suggest consulting a consumer law attorney in your area. You may need to file a dispute in writing with your credit bureau to clear up any reporting errors. Without more facts, I cannot give you specific advice. ... Read More

The statute of limitations is a legal concept barring suit against a party after a certain time period.  As you already have been sued, there would be no statute of limitations bar. 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 have a court date, then you should attend the hearing.  You can try to settle the matter out of court, but should still attend the court date because the creditor will get a default judgment against you if you fail to appear. 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 are unable to afford to pay your creditors, filing bankruptcy may be your best option, depending on numerous factors. Disability payments are not typically garnishable to payoff creditors, but a creditor may be able to seize some or all of your property to satisfy the loan.  You should speak to a bankruptcy attorney to determine your best options. For more information visit my website at www.alsobrooklaw.com. 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