Chloe Meltzer
May 07, 2021
Summary: Are you stressed out over an old debt? It might be too late for the creditor to do anything about it. Learn about the statute of limitations and how to beat debt collectors with the right defense.
If you have fallen behind in making payments on a debt, you may begin to receive calls from your creditor. Whether this is from a credit card company or a loan, eventually someone will give you a call to collect payment. If these payments are for a medical bill, consumer debt, or you simply haven't responded in a while, creditors might sell the debt off to a collection agency.
Once your debt has been sent to collections or a debt collector has attempted to sue you for debt, you will receive a notice of action called a “Summons”. Although it may be tempting to avoid interacting with the summons, you must respond. Then, you can take adequate steps to respond to the debt, and use an affirmative defense to work the situation out to the best of your advantage.
One of the best affirmative defenses to a debt lawsuit is the Statute of Limitations.
Use the right defense with SoloSuit and win in court.
|
Tennessee Statute of Limitations |
|
|
Debt Type |
Deadline in Years |
|
Mortgage |
6 |
|
Medical |
6 |
|
Credit Card |
6 |
|
Auto Loan |
4 |
|
Installment |
4 |
|
State Tax |
6 |
|
Source: Findlaw |
|
If you do not make payments on a debt then you ultimately will be taken to court in a lawsuit for your debt. Despite collectors and creditors being able to sue you, they cannot simply take you to court whenever they please. Instead, there is a time limit called the statute of limitations. The length of time of the statute of limitations varies based on state law.
The statute of limitations can be used as an affirmative defense on a debt collection case. Although the statute of limitations may have already expired, debt collectors may still attempt to sue you. Typically a judge will not check if the statute has expired, instead, you will need to bring it up in court.
It is good to note that you will still technically owe on debts that are outside their statute of limitations. The original creditor or debt collector can continue to pursue you for payment outside of that time period. The main difference is that they cannot sue you anymore. This means that although it does not mean that you are relieved of the responsibility of your debt, it does mean that you can avoid wage garnishment by a court judgment.
If you have a debt collector calling you about an old debt, they may be trying to revive what is called a “zombie debt.” These are old debts that have been discharged, paid, removed from your credit report, or are simply past the statute of limitations. If you pay on this debt you will restart the statute of limitations time period. This is why you need to be extremely careful with these debts. If you make a payment (even as small as $5), the debt collector will be given the right to sue you again, leading to possible wage garnishment.
In Tennessee the statute of limitations on debt is as follows:
Respond to debt collectors fast with SoloSuit.
In Tennessee, there are certain laws that a third-party debt collection company must follow a set of rules. Although collectors can make initial contact by phone, in this call they must state the name of the company they work for, and who owes the debt. Additionally, within five days of making this call, the debt collection company is required to send you a letter identifying who they are, how much you owe, and who the debt is being collected by.
Debt collectors are required to tell consumers that they are legally allowed to dispute the debt and that within 30 days they can demand that the debt be validated. If you request proof in writing, the debt collector may not continue to collect on the debt until they have provided this proof. Having said this, debt collectors are not permitted to lie or give false information, they also may not refuse to give information regarding the collection agency's name, contact information, or the original creditor.
Collectors may also not misrepresent how much you owe, and no added fees or interest can be applied to the amount. The only time this may be done is if you have already those fees in the original contract.
In addition to complying with the above rules, there is also the Federal Debt Consumer Protection Act (FDCPA). This law prohibits certain behaviors that Tennessee debt collectors must adhere to. These include:
Don't let a debt collector push you around. Respond with SoloSuit.
Tennessee is a one-party consent state. This means that as a consumer you are permitted to record your calls with collection agencies. You do not need to disclose this fact. This can help you stay protected and obtain proof of what the collector says to you should they break one of the rules in the FDCPA.
Being sued for debt is never a fun process, but if you can respond in time, and are able to find an affirmative defense to back up your case, you may be able to avoid wage garnishment. Using the statute of limitations as an affirmative defense is one of the best options available. As long as it is plausible for your situation, seriously consider bringing up an expired statute of limitations and protecting yourself from wage garnishment and liens on personal property.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
|
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Going to Court for Credit Card Debt — Key Tips
How to Negotiate Credit Card Debts
How to Settle a Credit Card Debt Lawsuit — Ultimate Guide
Need more info on statutes of limitations? Read our 50-state guide.
Why do debt collectors block their phone numbers?
How long do debt collectors take to respond to debt validation letters?
What are the biggest debt collector companies in the US?
Is Zombie Debt Still a Problem in 2019?
If a car is repossessed, do I still owe the debt?
Is Portfolio Recovery Associates Legit?
Is There a Judgment Against Me Without my Knowledge?
Should I File Bankruptcy Before or After a Judgment?
What is a default judgment?— What do I do?
Summoned to Court for Medical Bills — What Do I Do?
What Happens If Someone Sues You and You Have No Money?
What Happens If You Never Answer Debt Collectors?
What Happens When a Debt Is Sold to a Collection Agency
What is a Stipulated Judgment?
What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?
Can a Judgement Creditor Take my Car?
Can I Settle a Debt After Being Served?
Can You Appeal a Default Judgement?
Do I Need a Debt Collection Defense Attorney?
Do I Need a Payday Loans Lawyer?
Do student loans go away after 7 years? — Student Loan Debt Guide
Am I Responsible for My Spouse's Medical Debt?
Should I Marry Someone With Debt?
Can a Debt Collector Leave a Voicemail?
How Does Debt Assignment Work?
What Happens If a Defendant Does Not Pay a Judgment?
How Does Debt Assignment Work?
Can You Serve Someone with a Collections Lawsuit at Their Work?
How Many Times Can a Judgment be Renewed in Oklahoma?
Does Debt Consolidation Have Risks?
What Happens If You Avoid Getting Served Court Papers?
Does Student Debt Die With You?
Can Debt Collectors Call You at Work in Texas?
How Much Do You Have to Be in Debt to File for Chapter 7?
What Is the Statute of Limitations on Debt in Washington?
How Long Does a Judgment Last?
Can Private Disability Payments Be Garnished?
Can Debt Collectors Call From Local Numbers?
Does the Fair Credit Reporting Act Work in Florida?
The Truth: Should You Never Pay a Debt Collection Agency?
Should You Communicate with a Debt Collector in Writing or by Telephone?
What Happens After a Motion for Default Is Filed?
Can a Process Server Leave a Summons Taped to My Door?
Need help managing your finances? Check out these resources.
How to Make a Debt Validation Letter - The Ultimate Guide
How to Make a Motion to Compel Arbitration Without an Attorney
How to Stop Wage Garnishment — Everything You Need to Know
How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
Defending Yourself in Court Against a Debt Collector
Tips on you can to file an FDCPA lawsuit against a debt collection agency
Advice on how to answer a summons for debt collection.
Effective strategies for how to get back on track after a debt lawsuit
New Hampshire Statute of Limitations on Debt
Sample Cease and Desist Letter Against Debt Collectors
The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah
West Virginia Statute of Limitations on Debt
What debt collectors cannot do — FDCPA explained
Defending Yourself in Court Against Debt Collector
Arkansas Statute of Limitations on Debt
You're Drowning in Debt — Here's How to Swim
Help! I'm Being Sued by My Debt Collector
How to Make a Motion to Vacate Judgment
How to Answer Summons for Debt Collection in Vermont
North Dakota Statute of Limitations on Debt
ClearPoint Debt Management Review
Indiana Statute of Limitations on Debt
Oregon Eviction Laws - What They Say
CuraDebt Debt Settlement Review
How to Write a Re-Aging Debt Letter
How to Appear in Court by Phone
How to Use the Doctrine of Unclean Hands
Debt Consolidation in Eugene, Oregon
Summoned to Court for Medical Bills? What to Do Next
How to Make a Debt Settlement Agreement
Received a 3-Day Eviction Notice? Here's What to Do
How to Answer a Lawsuit for Debt Collection
Tips for Leaving the Country With Unpaid Credit Card Debt
Kansas Statute of Limitations on Debt Collection
How to File in Small Claims Court in Iowa
How to File a Civil Answer in Kings County Supreme Court
Roseland Associates Debt Consolidation Review