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===========Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=495595659===========Category: Business LawLocation: TNSubject: Can small business (incorpororated) sue non-paying client in small claims court? We are a small photo-finishing company with a non-paying client. He has not responded to multiple collection letters and phone calls. His account is over 160 days old. Can we as an incorporated business sue him in small claims court? If so can we do it in Tennessee if his business is located in SOuth Carlina? Or can we only turn him over to a collection agency? Can we report him to BBusiness Bureau and other organizations? Thanks for any help ===========Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=528084616===========Category: Business LawLocation: TNSubject: Re: Can small business (incorpororated) sue non-paying client in small claims court? Collection agencies are a complete waste of time. Yes, you can file suit against the firm or client in South Carolina under the TN Long Arm statute. Instead of trying to research how to write a complaint like that yourself, I recommend you go to http://michaelguth.com/prose.htm and pay $100 for a simple complaint to be drawn up for you. With a little luck, you can add your attorney fees to the amount to be reimbursed -- although that is generally not allowed in civil litigation unless the other party was aware of the transfer of attorney fees at the start of the business transaction.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=646608631
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Interstate Driver License Compact
What states participate in the Interstate
Driver License Compact, and which do not? As a resident of Tennessee, my
girlfriend is still having problems with Forida DUI laws. With only one DUI
conviction in 1985, it was ''enhanced'' at the time by three priors in Tn. in
the late 1970's, it then became a ''fourth'' DUI. All fines and punishments
were satisfied; but at the time in 1985, the maximum revocation of the driver's
license was 10 years. But in about 1998 Florida refused to give a ''Letter of
Clearance'' to us in Tenn., as they had toughened their laws to the point that:
no amount of restitution was enough, or even proof of recovery from substance
abuse, or honestly dealing with any underlying mental illnesses, disorders, or
anything that would show achieving some measure of success at coping with the
type of disabilities that contribute to someone who needs help to deal with the
root causes of alcoholism. Fla. decided that after 4 or more DUI's, no one
could ever again be licensed to drive, not even for hardship reasons. We have
contacted various lawyers, but with very little financial resources, we have
not been able to really find out if this law has been successfully challenged.
Tn. will issue a license with a ''clearance''
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=730168029
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Re: Interstate Driver License Compact
I
used the computerized Legal database Lexis to search for cases in
Tennessee. No case was found that
contained the words "Interstate Driver's License Compact." Florida did have one case, as did
Alabama. That leads me to believe
Tennessee has not adopted the Interstate Driver's License Compact.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=631861968
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Statue of Limitation
Recently
my husband received a notice of collection on a billing for a hospital
proceedure done almost 4 years ago.
is
there a statue of limitations on how long a doctor or hospital can bill for a
proceedure. the only other notice of this was from the doctor about 2 months
ago inwhich my husband left a message at the doctors office to discuss but no
one returned his call. We are now receipt of a letter from an attorney asking
for the funds.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=620440206
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Statue of Limitation
Tennessee
used to have a 3-year statute of limitations for breach of contract cases. Failing to pay a doctor for services would
be a breach of the implied contract between doctor and patient. However, the statute was amended, and now
Tennessee has a six-year statute of limitations on most contract cases. The code citation is Tenn. Code Ann. §
28-3-109.
Mike
Guth
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=8533281
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Debt collection and Social Security
My
husband purchased aa auto and had to let it get repoed.The company he worked
for shut down and then he was diagnosed with MS.He was eventually approved for
SS.A collection agency has contacted us.We had agreed to a settlement but a new
person has taken over the account and wants to change terms.I have nothing in
writing about previous offer. My husband owns nothing. I had purchased a mobile
home before we were married.I have no equity and the collection agency is
threatening to have this debt added on to my mortgage.Can they do this?Can my
husbands SS be garnished?I work at home for a very small amount of $.IF I get a
job with more income my husband will lose Mcaid which pays for his med. which
is $1200. per month.I have tried borrowing the $ but our bills are as nearly as
much as SS and my income.Original Charge was 9000. but they offered 2500. and i
was going to pay toward that but they want payment in full within 90 days which
is impossible.Am Iresponsible for this debt I was not there when he made the
Purchase and did not sign anything. I had my own car and this was his.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=524040973
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Debt collection and Social Security
I
have advised clients on dozens of cases like yours, and your fact pattern
presents the classic case for someone who should file for Chap. 13
bankruptcy. I will explain why after
answering your questions.
The
collection agency cannot add his debt to your mortgage. That is an outrageous claim for which the
debt collector could be sued under the Fair Debt Collections Practices Act
passed by Congress. However, the
collector will likely claim that you misunderstood him.
Social
Security Disability income is beyond the reach of debt collectors and cannot be
garnished. Any state court that tried
to garnish it would violate federal law.
If
they have repossessed the car, then they have your husband's initial payments
plus any down payment plus the car itself.
They have been fully compensated most likely. You are being subjected to outrageous scare tactics, but you have
no stick with which to clobber the debt collector YET.
Your
husband needs to find a bankruptcy attorney who can file a Chapter 13 petition
for him (1) at no cost to you or your husband ($0 dollars paid to the attorney)
up front, and (2) within the next week.
I
recommend you look on the Internet for a bankruptcy attorney: www.lawguru.com is a good site. Your local phone book yellow pages might
have listings. Call around and see if
you can find a bankruptcy attorney who will meet those two criteria.
Then
you will have a big stick and federal law that will stop the debt collector
from contacting you ever again. All
claims for debts will have to go through the Bankruptcy trustee from that point
forward.
With
Chap. 13, you will not have to sell any of your assets or change your job /
income source. Please be sure to tell
the attorney that you know what you want, and you want to speak to him or her
about Chap. 13.
If
you have any trouble finding a local bankruptcy attorney, then you can write me
and tell me what steps you took to find one.
My e-mail is masg @ juno.com
Michael
Guth, Ph.D., J.D.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=288539129
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject: Foreclosure
My
husband purchased a home while we were married but due to my credit I had to
sign off and was no where on the mortgage nor did I sign any financial
obligations for the mortgage but I was on the deed and the house went into
foreclosure and they have it listed against me also. How can I be forclosed on a mortgage that I never had?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=622298659
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Category:
Credit, Debt and Collections Law
Location:
FL
Subject:
Re: Foreclosure
The
foreclosure is against the property used as collateral to secure a loan from
the bank. You are brought into the
case, because the bank wants to have title in the bank's name, yet it needs to
remove your name from the title in this foreclosure process. If you voluntarily take your name off the
title by quit claim deed, you should be removed from the foreclosure action.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=797130217
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Deferred Interest Rate
I
purchased some furniture on a two year deferred payment plan. I was told by the salesperson that I would
need to enroll in a credit life insurance protection plan, offered by another
company, because of the deferred payment plan.
He said there would be no additional cost to me and the agreement did
not indicate a cost involved. I was led
to believe it was just a ''formality'' as part of the payment plan. When I paid for the furniture I indicated
full and final payment on the check itself.
They asked for an additional $847.00 for the credit protection. I refused to pay it and had them cancel the
policy. The next month I received a
bill with nearly $1500.00 added as a deferred finance charge. Eventually a collection agency called on
behalf of the insurance carrier and said they would settle the issue if I
agreed to pay the original $847.00, which I did. They are still billing me for the entire amount, which is now in
excess of $3000.00! Can they legally
tack on this deferred finance charge when the furniture was paid in full and
policy cancelled?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=294842265
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Deferred Interest Rate
The
collection agency appears to be making a series of mistakes; however, its
actions would seem to violate the federal Fair Debt Collections Practices
Act. In particular, there seems to be
fraudulent misrepresentation on which you relied in settling this debt. Your problem could probably be solved with a
letter from an attorney directed to the collections agency. I would be happy to write such a letter on
your behalf for $50. They cannot
legally tack on this deferred finance charge when the furniture was paid in
full and the policy was cancelled.
Maybe if you just print out this response to your question and send it
to the collections agency, it will correct this error.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=253153619
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Can Co-signer ''take back'' auto when no
default
Recently
my boyfriend co-signed on an auto loan for my 18 year old daughter in an
attempt to start her adult life with a new car and a chance at establishing
decent credit. Before the first payment
has even been made, my boyfriend has ''changed his mind'' and now is demanding
that we return the car to him and he will then sell it/return it at a loss/whatever.
Does
he have the legal right to demand the car back? While I understand co-signing probably gives him co-ownership of
the car, does it give him a majority ownership status?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=200804073
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Can Co-signer ''take back'' auto when no
default
First
piece of advice, get rid of the boyfriend.
Now for your legal question: a co-signor on a loan acts as a surety for
payment in case the principal defaults.
A co-signor does not take an ownership interest in the car. He cannot boss you or your daughter around
or make her surrender the car to him.
The most he can do is petition the bank to have his name removed as a
co-signor, but I doubt if the bank will let him off the hook.
If
he wanted some guarantees, your boyfriend should have obtained those guarantees
before he co-signed the loan.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=885824906
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: credit and renting apartments
My
husband and I lived in an apartment earlier this year and only his name was on
the lease agreement. We are going
through a separation and I can't rent an apartment because they say I was on
that lease agreement also and money is owed to them. I know we were married, but how is that possible without me
signing anything?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=205956306
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: credit and renting apartments
First,
you should not accept anything by word without written proof. If the landlord claims you are a party to
the lease, he should produce a copy of the lease with your name on it. Then you ask if your name is on it, why
didn't you have to sign? I seriously
doubt if a husband can sign on behalf of himself and his wife. The wife would really have to sign to become
legally liable for payments.
Tennessee
has a statute called the Landlord Tenant Act that covers leases in the major
cities plus a handful of other counties.
You should look for the act or ask your landlord if that particular
lease is in a county governed by the statute.
If so, it will be even harder for your landlord to claim you owe any
money on a lease you did not sign.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=917840133
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Legal Tender
My
wife has just received a notification that she has an outstanding debt with her
previous landlord. The charges are
questionable but not worth worrying over, when I attempted to pay the fee they
informed me that they do not take cash, which I thought I remembered from my
business law class nullified the debt.
Am I mistaken, are they allowed
to specify that U.S currency cannot be used to settle this debt?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=149523353
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Legal Tender
Part
of your facts seem to be missing. In
the USA, as in almost all nations, CASH is KING. That means any creditor would prefer to receive cash over almost
all other forms of payment. Does the
former landlord have a problem with having no place to store the cash until he
can deposit it into a bank?
If
you take the ex-landlord to court and establish that you offered to satisfy or
pay off the debt with cash, the court will recognize that the debt could have
been paid in full and will penalize the landlord for not accepting cash ---
unless there was some strange contract term that specifically called for
payment through services or some other non-cash means.
Are
you offering the former landlord cash for a smaller amount than the total
balance due?
This
sounds like a strange case. I've never
heard of a businessman not accepting cash for payment of a debt. I have heard of business people not wanting
to sell an expensive item for cash, because they don't want to risk robbery,
and so they insist on payment by check or direct deposit to a bank. However, there is no rational reason for a
landlord not to accept our sovereign currency.
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=979394005
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Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Collection notices sent but not to our
address
My
husband received a voice mail concerning a balance on a credit card. He returned the call and was told this was
the final attempt to collect the balance.
We live at the same address the card was opened with; however, for the
past year, the credit card company and later the collection agency had been
sending notices to an address we had before the credit card was ever issued --
a house we sold a year before even opening the credit card account. The collection agency states we must pay the
balance of over $1300 immediately because they have already been trying to get
us to pay and the time for disputes and negotiations is over. This mornings phone call was the first we
had heard of the account balance. We
thought we had paid off the balance last summer and we cut up the card. We didn't receive any more statements after
our last payment and therefore had no reason to question the absense of
mail. We would like to dispute the
balance but the collection agency said we are out of time for that. Under pressure from the agency and knowing
nothing else to do, we tried to set up a payment arrangement and they said it
was too late for that, also. Do we
still have a right to dispute or payment arrangements if a dispute fails?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=485494136
===========
Category:
Credit, Debt and Collections Law
Location:
TN
Subject: Re: Collection notices sent but not to our
address
Yes. You have a right to dispute the amount. Your long posting here would make a good
complaint for you to file in General Sessions court against the collection
agency -- rather than waiting for them to file suit against you. Also, you should check out over the Internet
the "Fair Debt and Collection Practices Act." The collection agency is not allowed to
demand payment in full and tack on additional fees if it did not previously
contact you about the debt. If you were
not aware of the debt, maybe the charges on the card are inaccurate. Tennessee has a six-year statute of
limitations on breach of contract claims -- which means you have six years from
the time that you are aware of the breach to bring a possible lawsuit seeking
damages.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=920559664
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Category: Credit, Debt and Collections Law
Location: TN
Subject: I need to file a claim...Can someone please tell me how to file a claim against someone in Crossville, TN? I
am in Newnan, Georgia but would like to get the process started asap.
Thanks!
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=974622394
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Category: Credit, Debt and Collections Law
Location: TN
Subject: CrossvilleCrossville is located next door to me in the adjacent county: Cumberland County. Therefore, you can file your complaint in either General Sessions (small claims
under $25,000 sort of like the People's Court), Chancery Court (if it is based on a
contract that you can attach to your complaint), or Circuit Court (which hears cases
with unliquidated or hard to estimate damages). If you go to my website,http://michaelguth.com/prose.htm you will find examples of pleadings filed in the
various courts. You will need to learn how to draft a complaint, but you can findone on the Internet. Or you can pay me to draft one for you.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=362059569
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Category: Credit, Debt and Collections Law
Location: TN
Subject: Credit Card Debt and Garnishment of WagesIf one owes a bank or credit card company a large amount of money and cannot pay it,
is it possible for the Credit Card company to get a judgement againt the cardholder
and garnish his wages to repay the debt?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=236260912
===========
Category: Credit, Debt and Collections Law
Location: TN
Subject: Re: Credit Card Debt and Garnishment of WagesYes, the credit card company can obtain a judgment and garnish your wages. I havehad 24 credit card debt clients in precisely those circumstances. If you find thegarnishment possibility will hurt your ability to meet your basic needs, then you
have an alternative. You could talk to an attorney who will file a Chapter 13bankruptcy petition for you at no upfront cost to you: $0 paid by you to theattorney, at least prior to filing the petition. Look for one who can prepare yourpetition and file it before your court date, if any, in small claims court over the
credit card debt.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=546821031
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Category: Credit, Debt and Collections Law
Location: TN
Subject: Sister checked in
My father is 78, mother 71, father had quad bypass surgery 3 yrs ago, is on sev
different meds & somewhat disoriented, my sister who is 34yrs has been in
jail off and on for the past 5 yrs she has 4 children & has lost custody of
all of them the last 3 were born addicted to seditives,booze,etc she has
lived with my parents and constantly stoled their money, hit them and generally
been abusive,adult protection services have been involved they have taken out
two restaining orders but have dropped them she has now stolen my fathers
checks and taken them to chain and various quick markets in the areas where
they live,some of them she has forged , some she forced him to sign saying that
she was buying groceries's for them or the children on 3,he was in the car
& the store manager came out to verify the checks, which he did, the other
checks she just stole and took to the stores he wasn't present they took the
checks on his account without his being present and she signed them using his
name he has been paying these but he is on a fixed income and now he has
a courtdate 10/29 of $1000 she has written, this has been since 4/04 he has
agreed to power of attorney & signing over his rights what can we do to
keep him from criminal chgs
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=184107471
===========
Category: Credit, Debt and Collections Law
Location: TN
Subject: Your father
Your father was a victim of checking fraud. It is outrageous for the
district attorney to even consider criminal charges against your father.
If you will testify on your father's behalf, I suspect no judge will convict
him. For one thing, he may not be mentally competent to stand
trial. Second, how was your father indicted? Was there a grand
jury? If he is convicted, it has to be proof beyond a reasonable
doubt. If your sister stole his checkbook and wrote checks without his
permission, then that clearly creates reasonable doubt as to whether he
intended to write checks that bounced. If you have money to see a
criminal lawyer, then that should be your next step. If you can't afford
one, then you need to bring forward lots of evidence to show your father did
not intend for these acts to occur.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=976631128 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Repossion Is there a certain amount of time that your payment is past due before they can repo your vehicle and sell it at an auction? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=496519590 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: Repossion The terms for when the creditor has a right repossess a vehicle would be contained in the contract that you signed when you purchased the vehicle with financing. Do you still have a copy of the contract? If not, the dealer should be able to make a copy of it for you to show you the repossession terms and dates. http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=480641613 =========== Category: Credit, Debt and Collections Law Location: TN Subject: 12 Year Old Debt - Admittance by Phone? I was wondering what my rights are in this situation: I am in the state of Tennessee. I had a Sears credit card debt over 10 years ago.Today I received a letter from some agency stating they had purchased the loan. He asked if I was the one who owed the debt, verified the last 4 digits of my social security number, then proceeded to try to set up payments. I then told him I was not paying a 12 year old debt.
I have read that the statute of limitations starts over if I acknowledge the debt. Is this true? And if so, he is legally allowed to use my admittance on the phone if I was not told I was being recorded?
Any help you can offer would be appreciated. =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=502853459 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: 12 Year Old Debt - Admittance by Phone?I have handled dozens of credit card debt questions, but no one has ever asked if admitting a debt can revive a debt extinguished by the statute of limitations. I don't know the answer to the question you posed, but it may not be relevant given the facts in this case.
First, no person should ever make admissions against his interest. Those admissions can always come back to haunt you in a court of law. Therefore, whether it revives a case otherwise in repose or not, your instincts are correct that you should not admit anything.
Second, you said he verified your SSN's last four digits, but you did not say "Yes, I owe a debt on that account." Instead, you said the debt was 12 years old and you would not pay it.
One thing you should know is that although a debt that has been extinguished by statute is not enforceable, it is still not illegal to try to get payment on it through moral suasion.
If the debt collector calls you again, please tell him this exact statement: "I have been advised by counsel that Tennessee has a six-year statute of limitations on breach of contracts, which would include a contract to pay a credit card bill. The debt you mentioned is over 12 years old and cannot be enforced. If you know of any other statute that revives this debt, please share the Tennessee Code Annotated or United States Code citation with me, and I will get back to you after I investigate it. Otherwise, I assume I will not hear from you any further, because the U. S. Fair Debt Collection Practices Act prevents assignees from attempting to revive debts that are now in repose."
If he cites a statute to revive the debt, please let me know, because I will want to teach a Continuing Legal Education course on that subject. My guess is most attorneys would say there is no way to revive an old debt long past due under the statute of limitations.
Michael A. S. Guth http://riskmgmt =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=888877226 =========== Category: Credit, Debt and Collections Law Location: TN Subject: excessive credit card debtI lost a lot of money in the stock market, thru stupid investing. I have run up a large amount of debt. 30,000 plus. I have no income, and am trying to go back to work. I have one account that has been turned over to arbitation forum?. I am in need of advise . I cannot not pay, and do not wish to file bankruptcy. Thanks for your help.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=126640037 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: excessive credit card debtI have handled dozens of debtor cases just like yours, and here is my legal advice. You are going to lose in the Arbitrartion Forum, and the securities firm will then garnish your wages. Therefore, you need to learn about the difference between Chap. 7 and Chap. 13 bankruptcy. In Chap. 13, you do not have to sell off any of your assets. That is the only way for you to pay off a reasonable part of this debt given your income prospects. To file an Answer in your Arbitration case, you can copy and change the wording to substitute your name and opposing party in my Answer shown at http://michaelguth.com/debtarbitration.htm
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=384059768 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Collections lawIs it legal for a collections agency to contact neighbors, parents and friends of the party they are attempting to collect from and give file numbers etc. expecting that the information be passed along to the party they are attempting to collect from? How would they be privy to neighbors & friends parents names, addresses and phone numbers? Please advise. Thanks, C. Howard
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=933791543 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: Collections lawContacting your neighbors is generally a violation of Section 805 of the U.S. Fair Debt Collections and Practices Act. You can read more about the act at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805
Based on these facts, it would seem you have a right to turn around and see the debt collection company for violating the act and invading your privacy.
http://michaelguth.com/prose.htm Dr. Michael A. S. Guth =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=144073008 =========== Category: Credit, Debt and Collections Law Location: TN Subject: debt? I work at a hospital as a nurse. I am considered an independent contractor and am not a full time employee with benefits. I was recently called into the office of my ''boss'' and told that I was overpaid last year and owe the hospital $19,000. Because of the way the check is typed it is very hard to understand. I did realize I was geting money above my hourly rate, but it was not on every check and seemed to be related to when I worked more time than what my contract stated. I had talked with my mother (who is a nurse at another hospital) about this (when it started) and about a week later she told me that she happened to speak with the daughter of one of her patients. This daugher worked in personnel or human resources at my hospital and she stated that the position I had got paid a bonus because of the hours worked. I didn't think anything else about it. About 8 months ago the bonus stopped. Once again, I didn't think anythng else about it because the hospital was undergoing budget tightening. Can they legally make me pay back this money? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=162611584 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: debt? Nineteen thousand is a pretty hefty bonus for a junior nurse. Are you a junior nurse or senior nurse? In all likelihood, the hospital will try to file suit against you to collect repayment, but you can fight the suit and say their own negligence resulted in you relying on this money as normal payment. The hearsay evidence about what people told you outside of court will not be admissible, unless they appear as witnesses in court on your behalf. I help parties represent themselves in court without an attorney. See http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=637306229 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Collection PracticesIf you have paid dept as previously agreed and the agency has threatened to submit your account to collections and put a negative report on your credit bureau, can they be successfully be sued, fined or prosecuted? Have they broken any law for improper collection practices?
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=653641215 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: Collection PracticesYes, it sounds like the debtor has violated the federal Fair Debt Collections & Practices Act. Why don't you search on the Internet using that phrase and learn about the act for yourself.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=52890226 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Failing to make an attempt to collect debtI received a letter from a collections agency concerning a debt, yet I never received a statement or notification of any kind from the cable company that was named in the letter. This debt dates back to 2003. I have contacted the cable company and no one seems to know what is going on. They stated that they had my forwarding address on file but did not know why I was never sent a statement. Do they not have to make an attempt to collect a debt before turning it over to a collection agency. What are my rights? Thank you
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=74270847 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: Failing to make an attempt to collect debtThis sounds like a violation of the Fair Debt Collections Practices Act. For $100, I can prepare a response for you to file in Court if you are ever sued on this debt. http://michaelguth.com/prose.htm
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=301926828 =========== Category: Credit, Debt and Collections Law Location: TN Subject: credit card dispute1 year ago I got a loan from my credit union to pay off my Chase credit card. The loan officer called Chase and verified the pay off amount and a check was mailed directly from the credit union to Chase. Now 1 year later Chase has called and says that I owe $500 for fees that were not part of the pay off. I have had no bills or other correspondence from Chase since the pay off date. Chase, of course, claims that I owe the money even though my credit union was told the pay off amount. This is the 2nd time Chase has done this in the 5 years I had the card.
=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=440820708 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: credit card disputeIt sounds like Chase is violating various federal statutes related to truth in lending and fair debt collections. I have drafted denial of debts owed and counter claims against Chase and other banks for my credit card debtor clients. I could draft a document like that for you to send to Chase or file in court against Chase. The cost would be about $50 for a basic counterclaim and $100 for a more detailed one tailored to the facts of your case. http://michaelguth.com/prose.htm
Category: Credit, Debt and Collections Law User Located in: (MN) Zip: 55110 Question relates to: TN Law Subject: Collection from 9 years ago Submitted: 11/10/2006 Body:A collection for $1,195 was just placed on my credit report (from only 1 bureau so far) for a supposed debt from a security system purchased in 1994...the home was sold in 1997 (no payments after that) and it was my understanding at that time it had already been paid for over the 3+ years I owned the house and paid the company each month on time...now this collection has been placed and I was told by the collection agency it may have been put on there by mistake but that it is the credit bureau's responsibility to not put it on my report if it has been too long and that their normal practice is to report all items regardless of how old it is...I have an Equifax 3 in 1 Credit Watch account and am going to be going through them to dispute it...is there anything else I need to do or that I can do ? Can I go after the collection agency itself for this ? How should I handle this to get it off of my credit report ? Thanks very much...
Tennessee has a 6-year statute of limitations on breach of contract suits. The debt you are mentioning is appears to be barred from collection by the statute. Instead of seeking a legal claim against you, the collection agency is trying to harrass you by posting negative information to your credit report. You have a right to correct your credit records and point out the amount claimed is in dispute and barred by the statute of limitations. I believe an agency that attempts to collect a debt barred by the statute of limitations would violate the Fair Debt Collections Practices Act, but there is no instant remedy for a violation of the law. You can either bide your time and wait for this to get off your credit report over time, or you can sue the collection agency in Chancery Court and seek a court order dismissing all their claims against you -- at which time the credit agencies will have to clean your credit report as well.Mike Guth =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=130719118 =========== Category: Credit, Debt and Collections Law Location: TN Subject: statute of limitations of being sued on credit card debtmy wife is being sued by a collection agency from a credit card she got before we were married. she is a home maker with no income but mine. the original credit limit was $350, now shes being sued for over $1800, this is over 7 years old almost 8 years old. we do not dispute her owing $350 and some penalties, but not 6 times the original limit. is there a statute of limitations in tennessee for suing over credit card debt?=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=158171491 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: statute of limitations of being sued on credit card debtAssuming your wife has not made periodic payments, then this debt is extinguished by the statute of limitations, and the collection agency has violated the Fair Debt Collections Practices Act -- a federal law. I have about 45 credit card debt clients. It would be comparatively easy for me to prepare an Answer that you could file in this lawsuit and go after the collection agency to seek twice the finance charge it tried to impose on you.You can contact me through http://michaelguth.com/prose/freeadvice.creditdebt.htm or http://michaelguth.com/prose.htm=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=184273743 =========== Category: Credit, Debt and Collections Law Location: TN Subject: small claims/general sessions courtDo I need to have an attorney to go to general sessions court. Someone (personal not business) owes me money and won't pay. I'd like to take them to court, then have them pay court costs as well, if possible, but don't know if I need an attorney up front.=========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=194062649 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: small claims/general sessions courtNo, you don't need a lawyer for that kind of case. You can explain the facts of your case as well as any attorney, in my opinion. http://michaelguth.com/prose/freeadvice.creditdebt.htm