How to Answer a Summons for Debt Collection in Tennessee (2023 Guide)

Eva Bacevice | August 01, 2024

Eva Bacevice
Attorney
Eva Bacevice, JD

Eva Bacevice is a licensed attorney and Academic Advisor for the BBA program at the University of Michigan Ross School of Business. Before her role in higher education, Eva practiced law for close to a decade, specializing in consumer bankruptcy after earning a Juris Doctor at the University of Michigan Law School.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: You have 30 days to respond to a debt lawsuit in Tennessee before you run the risk of losing automatically by default judgment. To respond, you should file an Answer document into the case where you address each issue from the Complaint and assert your affirmative defenses. SoloSuit can help you draft and file a Tennessee Answer in minutes.

Debt collectors got you down?

Dealing with these collectors can be stressful, and being sued for a debt can be even worse. Plus, when you're already struggling to make ends meet, the thought of hiring a lawyer can seem unrealistic. After all, if you had the money for that, you probably would have paid off your debt in the first place, right?

But don't worry, you don't have to go through this alone. In Tennessee, there are laws in place to protect you. In this article, we'll go over the process of responding to a debt lawsuit and answering a Summons for debt collection in Tennessee. We’ll cover state-specific requirements, like the deadline, forms, laws, and more.

So, without further ado, let's break down how to respond to a debt lawsuit in Tennessee.

Respond to a Summons in Tennessee.

Sued for debt in Tennessee? SoloSuit can help you file an Answer into your case before the 30-day deadline.

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Table of Contents

Respond to your Tennesee debt lawsuit before the deadline

You have 30 days to respond to a Summons for debt collection in Tennessee.

A debt lawsuit begins when the plaintiff (a creditor or debt collector) files the case in court and serves you with the court documents known as the Summons and Complaint. The Summons notifies you of the lawsuit and the case details, and the Complaint lists the specific claims against you.

According to Tennessee Rules of Civil Procedure Rule 12.01:

"A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her."

This means that you have 30 days to file your Answer in court. If you don't file your response before the Tennessee deadline, the plaintiff will most likely request a default judgment against you. If granted by the court, a default judgment grants certain rights to the plaintiff, including the right to garnish wages, put liens on properties, and even freeze bank accounts.

SoloSuit makes it easy to respond to your debt lawsuit before the deadline. Keep reading to learn more.

Use Tennessee Answer forms to respond to your case

SoloSuit’s Answer form is the easiest way to respond to your Tennessee debt lawsuit. All you have to do is respond to a few questions about your case online, and SoloSuit’s software drafts an Answer for you. This form includes the proper legal wording and formatting so you can present the strongest case.

Otherwise, you can draft an Answer on your own. To do so, you should follow the steps listed below. But whether you're a DIY type or prefer to leave it to the pros, don't ignore that lawsuit. Be sure to respond before the TN deadline and fight your case.

Follow these three steps to respond to your debt lawsuit in Tennessee

As we already mentioned, when you're sued for debt, you'll receive two documents - the Summons and Complaint. The Summons kicks off the lawsuit and the Complaint lays out the creditor's argument against you. You've got 30 days to respond, or else you lose by default (and nobody likes to lose).

Follow these three steps to respond to your Summons and Complaint in Tennessee:

  1. Address each claim listed in the Complaint.
  2. Assert your affirmative defenses.
  3. File the Answer with the court and serve the plaintiff.

Below, we’ll break down each of these steps in detail.

Now, I know what you're thinking - "ugh, this all sounds like a lot of work." And you're not wrong! But luckily, there are some tools out there to help you out. SoloSuit is one of them. Our software can help you draft and file an Answer in a matter of minutes. Watch this video to learn more about the three steps above and how SoloSuit can help:

1. Address each claim listed in the Complaint.

Responding to a Complaint isn't as hard as it might seem.

The Complaint will lay out each issue in a numbered paragraph. You can respond with "agree," "disagree," or "I don't know." Don't forget to match each response with the corresponding paragraph number.

Many lawyers suggest using a general denial because it shifts the burden of proof to the filing party. If the information is accurate, choose "agree." For example, you could admit to your identity and the fact that you owe the debt. Remember, you don't need to deny every claim to win. Next, deny any false assertions, such as the debt amount or whether you owe it at all.

Just make sure to respond within 30 days under Tennessee law, or you'll risk losing by default. Nobody wants that - except maybe your opponent.

Start your Answer with the help of SoloSuit.

2. Assert your affirmative defenses

Once you've addressed each claim against you, it's time to tell your side of the story. You can do this by asserting your affirmative defenses.

An affirmative defense is any legal reason or justification for your actions that proves you should not be held liable for the debt. Here are some typical defenses you can use to fight back:

  • You don't owe the debt. It's possible that the debt is not yours or that someone stole your identity.
  • You've already paid off the debt. Maybe you've already settled the account, or perhaps there was a prior agreement to pay less than the total amount.
  • You disagree with the amount of the debt. The amount they're claiming may include excessive late fees or other charges.
  • The debt has been discharged in bankruptcy. If your debt was included in a bankruptcy that received a discharge, you are no longer obligated to pay it.
  • The plaintiff hasn't proven they hold the debt. It's not uncommon for debts to be sold to third-party collection agencies that don't have the proper documentation.
  • The statute of limitations has expired. Tennessee law sets the deadline at 6 years to sue for a debt based on a contract from six years ago.
  • These are just a few examples of affirmative defenses. Remember, you can attach any supporting documentation as evidence for your claims. It's important to note that inability to pay the debt is not a legal defense.

Make the right defense the right way with SoloSuit.

3. File the Answer with the court and serve the plaintiff

Filing your Answer with the court and serving the plaintiff is the final step in responding to a debt collection lawsuit, but it's just as important as every other step you've taken so far. Luckily, SoloSuit can handle this step for you, so you can focus on more important things, like working out a debt settlement offer.

To file and serve your Answer, you'll need to complete a few easy steps:

  1. Print at least two copies of your Answer, but make it three so you can keep one for yourself. If you don't have access to a printer, try your local public library or office supply store. SoloSuit can also print and mail it for you, so you don't have to leave the house!
  2. Mail one copy of your Answer to the court at the address listed on the Summons and Complaint.
  3. Mail a second copy to the plaintiff's attorney, whose address is also listed on the Summons and Complaint.
  4. Finally, gather all the supporting documents for your Answer and bring them to your court hearing.

Now that you've filed and served your Answer, all that's left to do is wait to hear back from the court about a possible hearing or the plaintiff, if they decide to take further action.

Now, let's explore an example of how to resolve a debt lawsuit in Tennesse.

Example: Tiffany is being sued by LVNV Funding in Tennessee for an old credit card debt of $1,000. She uses SoloSuit to draft and file an Answer into the case before the 30-day Tennessee deadline is up. When LVNV Funding's lawyer receives Tiffany's Answer, they realize that their numbers were off and they don't have proof to many of the claims they made when they initiated the case. They determine that it isn't worth it to pursue the debt any further, and they file a motion to dismiss.


>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Check the Tennessee statute of limitations on debt

In Tennessee, the statute of limitations for debt collection is six years, as outlined by Tenn. Code § 28-3-109. This means that creditors and debt collectors only have six years from the date of last payment or activity on an account to sue debtors for outstanding debt in Tennessee. It also means that the Tennessee statute of limitations on credit card debt is just six years too.

The table below further illustrates the statute of limitations on different types of debt in Tennessee:

Statute of Limitations on Debt in Tennessee
Debt Type Deadline
Credit Card 6 years
Medical/td> 6 years
Auto Loan 6 years
Student Loan 6 years
Mortgage 6 years
Personal Loan 6 years
Judgment 10 years
Tenn. Code § 28-3-109 and § 28-3-110

So, if you're feeling a bit nostalgic for the days when you had less debt, make sure to keep track of the last time you made a payment or had any account activity. And if a debt collector comes knocking after six years have passed, don't be afraid to use the Tennessee statute of limitations defense to keep them at bay!

Use the statute of limitations as an affirmative defense.

Be careful not to make any payments on a debt until you know it is within the statute of limitations in your state. Doing so will reset the clock, and you might find yourself in court when you could have otherwise avoided it.

Settle debt in Tennessee before going to court

Falling behind on debt repayment can result in a barrage of calls from debt collectors, constant letters in the mail, and the looming threat of a lawsuit. Consumers who negotiate a debt settlement get a much-needed reprieve.

If your financial situation has taken an unexpected turn and you cannot keep up with repayments, your creditors may be willing to settle for less than the full amount owed on the debt. It is possible to settle debt in Tennessee, even if a lawsuit has begun. However, you must respond to court documents to prevent automatic judgments.

If you are being sued for debt but you want to settle, follow these three steps.

  1. Respond to the lawsuit.
  2. Make an offer to settle.
  3. Get your offer in writing.

Let's consider each step.

Step 1: Respond to the lawsuit with an Answer

A plaintiff initiates a lawsuit by filing complaints against the defendant in court. In this case, the creditor tells the court that you have failed to pay your debt in full and asks the court to find a solution. But they must inform you of the filing so that you can prepare your defense.

The documents you receive consist of a Summons, telling you that you have a case to defend, and a Complaint document, telling you the reasons for the lawsuit. The plaintiff will have listed all their reasons for suing you.

You must respond to the lawsuit within 30 days in Tennessee. A late response can result in a default judgment. You will need to reply to every complaint, stating whether you admit to their claims, deny them, or you do not understand what they mean.

Next, state your defenses. For example, you can assert that the creditor failed to validate the debt or that you do not have a contract with them. Remember to state all the reasons why you are innocent because you cannot introduce new defenses later.

Step 2: Make an offer to start negotiations

You will need to raise enough money to pay off the debt. Assess your finances, including savings, upcoming paychecks, and expenses. You may also raise extra money by selling something you don't need or asking for help from family and friends.

Ideally, your lowest offer should start at 60% of the debt balance, but you can begin lower if you don't have enough money. The creditor will likely make a counteroffer. Be willing to negotiate and increase the amount when possible.

Step 3: Get the settlement in writing

Ensure the creditor agrees to the deal in writing before you send payment. Use a debt settlement agreement letter to capture every aspect of the agreement. The letter should expressly release you from the debt and obligate the creditor to report it as settled. If the debt was the subject of a lawsuit, the agreement should require that the creditor drop the charges. Notarizing the document increases its credibility.

To learn more about these three steps, check out this video:

Debt collection and settlement laws in Tennessee regulate debt settlement companies

SoloSettle is the best solution for consumers facing debt lawsuits. Unlike other resources that tell you possible solutions, SoloSettle helps send and receive settlement offer and manage the negotiation process.

Settle with SoloSettle

Make an Offer

What is a non-dischargeable debt in Tennessee?

When your bankruptcy filing in Tennessee gets approved, you expect to be released from your debts. However, some debts do not go away even in bankruptcy. Such are known as non-dischargeable debts.

Non-dischargeable debt in Tennessee

Tennessee recognizes the Federal Bankruptcy Code.

The following are non-dischargeable debts in Tennessee.

  • Personal injury debts, such as those resulting from accidents caused by intoxicated driving
  • Student loans, except in cases where paying will result in undue hardship
  • Alimony and child support
  • Debts resulting from violation of the law
  • Income tax debts
  • Any debts not included in the bankruptcy application

Consumers must pay the above debts, whether they file a Chapter 7 or a Chapter 13.

Additionally, if you file a Chapter 7, the creditor can challenge your request to discharge debts for the following reasons.

  • You incurred the debt through fraud
  • The debt is payment for willfully or malicious injury
  • The debt resulted from the embezzlement of funds
  • It is a loan or cash advance of at least $1,150 you spent on purchases 60 days before filing for bankruptcy
  • The debt is a divorce decree

To qualify for bankruptcy in Tennessee, you must complete the means test.

The Tennessee Means test explained

The means test is a two-part test used to determine if you fall below the state's median income.

The first part: Calculates your family's gross income from the past six months. The median is calculated based on the family size. If it falls below the minimum threshold, you have passed and are eligible for bankruptcy.

However, if your median is above the state average, you must take the second test.

The second part: This step involves deducting some expenses from your monthly income. If the balance is not enough to pay for your debts using the Chapter 13 repayment plan, you are eligible to apply for bankruptcy.

What happens to property in a Tennessee bankruptcy?

You may keep some of your property after a bankruptcy is approved.

If you file for Chapter 7, your non-exempt assets will be sold and used to pay as many of your debts as possible.

Exempt property includes the following:

  • Your home
  • Personal non-luxury clothing
  • Health aids and savings
  • Retirement benefits and pensions
  • Your car
  • Other personal properties

In a Chapter 13 bankruptcy, you may keep non-exempt property, but you have to pay your creditors up to the value of the assets you have kept. Your debts are consolidated into one, and you set up a repayment plan that typically lasts 3 to 5 years.

Recover from bankruptcy

Despite the setback, you can recover from bankruptcy. With most of your debts gone, you get a fresh start. True, Chapters 7 and 13 bankruptcy stay on your credit report for ten and seven years, respectively, but you can start recovery earlier than that if you create a solid plan. Here's how.

  • Keep up with your credit report and scores. It's advisable to wait 90-120 days after your debts are discharged before contacting credit bureaus. Afterward, regularly checking for new entries on your report helps you double-check that they are correct. If any entries need to be corrected, contact the bureau and ask for a review.
  • Make timely payments on existing debts. Payment history significantly affects your credit score. Making on-time payments on the remaining non-dischargeable debt or the Chapter 13 plan builds your credit and helps improve your health over time.
  • Learn from past mistakes. Reviewing where you went wrong is the best lesson from bankruptcy. Whether you need to curb unnecessary expenses or cultivate discipline when opening credit lines, applying the lessons will help you do better.
  • Have a credit-rebuilding plan. Create a personalized plan where you avoid maxing out on credit cards,open a secured credit card, take out a credit rebuilder loan, take advantage of credit card offers, and manage your credit utilization ratio

With discipline and consistency, you soon see your credit recover and grow.

How to get debt relief in Tennessee

Tennessee has the fifth lowest debt ratio in the country, at 17.3%. The state has more assets than debt, which is good news for consumers.

Debt relief has helped many consumers get out of overburdening debt. If you choose the right strategy, it can work for you, too. Here are some of the most effective ways to find debt relief in Tennessee.

Try debt consolidation

Taking out a large loan with a lower interest rate can provide the money to pay off existing debts. Servicing one account is more manageable and cheaper. Consumers can consolidate debt by themselves or hire companies that do so at a fee.

You qualify for debt consolidation only if you have consistent monthly income, a pretty good credit score, and a reasonable debt-to-income ratio.

Settle the debt for less.

If you can settle the debt for less, you will save money and avoid the back and forth with creditors. However, settling debts affects your credit, at least for some time. Prospective lenders may fear lending you money based on the fact that you did not honor your previous contracts in full.

File for bankruptcy

Consumers typically turn to bankruptcy as a last option to get out of debt. If you qualify, some of your debts are erased, and you can rebuild your credit. You may need credit counseling to deal with the effects of bankruptcy. The government keeps a list of approved credit counselors in Tennessee you can contact to help you prepare.

Try Tennessee debt relief programs.

There are federal and state programs designed to assist needy consumers in finding debt relief.

Consumers get financial assistance to provide daily needs.

If you are sued for debt in Tennessee, file your Answer in court immediately. Delays can result in default judgments.

Searching for a court case in Tennessee

The Tennessee Court Case system consists of four levels. Understanding how the courts work will make it easier for you to find your case information and check the status of your Tennessee court case, whether it's in person or online.

Below are the four Court levels in Tennessee:

  • Supreme Court
  • Court of Appeals
  • Circuit Court/Chancery Court
  • General Sessions Court

The General Sessions Court is likely to handle your debt collection lawsuit. If not, then you'll find it in the Circuit or Chancery Court.

Ask the court clerk in person or by phone to check on the status of your case. You'll find the clerk's number on the Tennessee Judicial Branch website.

You may use the Tennessee Public Case History search tool to search for Supreme Court, Appeals Courts, and Criminal Appeals Court filed after September 1, 2006. You must have some information on the case to find it.

  • Case/docket number
  • Names of the parties
  • The case type
  • Business or organization name

Searching for debt collection cases

Tennessee doesn't have a statewide online search tool for civil cases. But you can search by county using your county courts' website.

Use the Tennessee court directory to find a court or a clerk's contact.

Respond to debt collection lawsuits in Tennessee.

If you discover that someone has sued you, SoloSuit can help you generate and file an Answer in court. Timely filing is crucial if you want to avoid losing by default.

Stop wage garnishment in Tennessee.

If you lose a debt collection lawsuit, the judgment creditor may request a court order to garnish your paycheck. If that happens, you will take home less money than you make until the order is satisfied. It's possible to have multiple creditors garnishing your wages simultaneously.

Fortunately, the law prevents debt collectors from taking everything you earn. Some of your income is exempt.

Tennessee wage garnishment laws

Several laws govern wage garnishment in Tennessee.

  • Consumer creditors in Tennessee can take 25% of your disposable income. But you must keep at least $217.5 weekly. (Tenn. Code § 26-2-106).
  • You can also keep an additional $2.50 per week for every dependent child under 16.
  • Some debts, such as child support, allow for a higher garnishment limit.
  • Tennessee applies the federal Consumer Credit Protection Act, which protects employees from termination due to one garnishment. However, this law does not protect employees when there are multiple garnishments.

How to stop wage garnishment

You can stop wage garnishment in Tennessee with the following fourt steps:

  1. Request to set up a repayment plan
  2. Apply for exemptions
  3. Pay off the debt in full
  4. File for bankruptcy

Debt settlement can prevent wage garnishment

If you can afford to raise a considerable percentage of the balance, the creditor may accept your offer. Debt settlement gets you out of debt fast, preventing lawsuits and money judgments. Use SoloSettle to make an offer, negotiate, and document the process.

Debt Collection Laws in Tennessee

Tennessee debt collection laws protect you when debt collectors use unfair and unlawful debt collection practices.

If a debt collector violates any laws, report them to the Fair Trade Commission (FTC). Additionally, you can seek compensation for every FDCPA violation.

Tennessee has numerous government-funded organizations that offer free legal services to individuals who cannot afford to hire a lawyer. These organizations can provide assistance with debt collection cases or connect you with a local lawyer who can help. Below is a list of Tennessee legal aid organizations that may be able to assist you with your civil case:

So, if you're feeling overwhelmed by debt and can't afford a lawyer, don't panic! Help is available, and these organizations exist to support you.

Key Takeaways

So, in short, here's the review on how to respond to a Summons for debt collection in Tennessee.

Tennessee's deadline to respond to a debt collection lawsuit is 30 days. SoloSuit’s Answer form makes responding before the deadline simple.

Make certain you are using the proper legal formatting and wording in your Answer document. When you write up your Answer, complete the following three steps:

  1. Address each claim listed in the Complaint.
  2. Assert any and all of your affirmative defenses.
  3. File and serve the Answer with the Court and the plaintiff's attorney.

If you know you owe the debt, and you have enough money to settle a portion of it right away, use SoloSettle to send and receive settlement offers until you reach an agreement with your creditor.

Good Luck!

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How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

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If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Bankruptcy

Bankruptcy is a great way to legally resolve debt, but it's usually best to consider it as a last resort. Here are some bankruptcy guides to help you decide which debt resolution option is best for you.

Check your case status

Don’t have time to go to your local courthouse to check the status of your case? We’ve created state guides on how to check the status of your case throughout the US, complete with online search tools and court directories.

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Debt collection FAQs

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Debt collection documents and templates

If you're dealing with debt, these documents and templates will help you respond, protect your rights, negotiate, and resolve your debts.

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Debt settlement

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created state guides on debt settlement. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

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Medical debt

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Personal finance

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State debt collection laws

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Statute of limitations on debt

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote guides on each state’s statutes and more.

Stop collection calls

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Wage garnishment

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in your state, plus other wage garnishment resources.

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