If you are being harassed by a debt collector, please fill out the form below for an attorney consultation.

Are debt collectors:

  • Calling you or others continually?
  • Harassing, threatening, or lying?
  • Being otherwise unfair or abusive?

You could be entitled to money for the damages you've suffered if your debt collector is violating fair debt collection laws. YOU HAVE RIGHTS, don't be intimidated!


Do you think your fair debt rights are being violated by an abusive debt collector?

State and federal fair debt laws prevent debt collectors from using harassing, misleading, dishonest or unfair debt collection practices. These laws provide that victims of debt collector abuse can recover cash compensation from the collectors, and require the collectors to pay all your legal fees.

Would you like to learn more about how to sue a creditor or debt collector that has violated your fair debt rights at no cost to you?


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Tennessee Fair Debt Consumer Guide

Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Tennessee's Statutes Of Limitations. Tennessee phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.

The Tennessee Fair Debt Collection Consumer Practices Guide summarizes Tennessee's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.

This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.

Tennessee Consumer Debt Exemption Laws

If a debt collector threatens to seize your property or your assets, you could be protected under Tennessee’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Tennessee Debt Exemption Law!

Tennessee Statutes

Tennessee has opted out of federal bankruptcy exemptions, Tennessee Code Annotated § 26-2-112.

Wages: Tennessee Code Annotated §§ 26·2-102, -106, -107, -108.

Homestead: Tennessee Constitution article 11, § 11; Tennessee Code Annotated §§ 26-2·301 through 26-2-306.

Tangible personal property: Tennessee Code Annotated §§ 8·36·111,262·102 through -104, 26·2·111, 49-5-909.

Benefits, retirement plans, insurance, judgments, and other intangibles: Tennessee Code Annotated §§ 8·36·111, 26-2-105, -110, ·111, 49-5-909.

Tennessee Debt Statutes of Limitation

Your debt may have expired under Tennessee’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Tennessee Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.

Tennessee Debt Statutes of Limitation

Breach of contract: 6 years, (T. C.A. 28-3-109).

Open accounts: 6 Years, (T. C.A. 28-3-109).

Domestic or foreign judgments: 10 years, (T .C.A. 28-3-110).

Tennessee Wage Garnishment Procedural Requirements

Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Tennessee’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.

Read the summary below to learn your garnishment rights under Tennessee law.

Tennessee Wage Garnishment Procedural Requirements

All judgments and decrees for money may be enforced by execution. Tenn. Code Ann. _ 261 103. Personal property to the aggregate value of four thousand dollars debtor's equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to his vocation or pursuit or to the ownership of his abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of four thousand dollars debtor's equity interest. Tenn. Code Ann. _ 262102.

All moneys received by a resident of the Statutee, as pension from the Statutee of Tennessee, or any subdivision or municipality thereof, before receipt, or while in his hands or upon deposit in the bank, shall be exempt from execution, attachment or garnishment other than an order for assignment of support issued under _ 365501, whether such pensioner is the head of a family or not. Any funds or other assets payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under __ 401(a), 403(a), 403(b), and 408 of the federal Internal Revenue Code of 1986, as amended, are exempt from any and all claims of creditors of the participant or beneficiary, except the Statutee of Tennessee. Tenn. Code Ann. _ 262 104.

The officer may summon, in writing, any person as garnishee, to appear at the court from which the execution is issued, or before any other court to whom the execution is returnable, as the case may be, and answer the garnishment, at a time set by the clerk of the court not less than ten days after date of issuance, except that such ten day requirement shall not apply when the execution was issued from a court and either the officer or the clerk of the court shall set the time when such garnishee shall appear. The summons to the garnishee shall contain a notice to the garnishee. Tenn. Code Ann. _ 262203.

The judgment creditor may examine the garnishee under oath. Tenn. Code Ann. _ 262204. Upon requesting the issuance of an execution or garnishment, the judgment creditor shall file a Statuteement showing the judgment debtor's last known address, the amount owed on the judgment, and the judgment creditor's address for mailing any notice required. If a clerk issues an execution or garnishment without demand, the clerk shall ascertain such information from the court records. Tenn. Code Ann. _ 262402.

No clerk shall issue an execution or garnishment unless it provides the required notice. No sheriff or other officer shall summon a garnishee unless the garnishment provides the required notice. Tenn. Code Ann. _ 262403. A sheriff or other officer who levies an execution upon property of a judgment debtor shall immediately thereafter on that same or next working day provide the judgment debtor with a copy of the execution that describes the property levied upon and with a completed copy of the notice by mailing them first class, postage prepaid, to the judgment debtor at the provided address, or by actual delivery to the judgment debtor. Tenn. Code Ann. _ 262405.

A sheriff or other officer who summons a garnishee shall provide the garnishee with three copies of the garnishment summons. Tenn. Code Ann. _ 262406.

Interest Rate at which Judgments Accrue Interest on judgments, including decrees, shall be computed at the effective rate of ten percent per annum, except as may be otherwise provided or permitted by Statuteute. Where a judgment is based on a note, contract, or other writing fixing a rate of interest within the legal limits, the judgment shall bear interest at the rate so fixed. Tenn. Code Ann. _ 4714121. Interest shall be computed on every judgment from the day on which the jury or the court, sitting without a jury, returned the verdict without regard to a motion for a new trial. Tenn. Code Ann. _ 4714122. Applicable Forms Tenn. Code Ann. _ 262203. Tenn. Code Ann. _ 262404.

Tennessee (Debt Collector) Call Recording Law

Under Tennessee State and Federal Call Recording Laws, you could record the actual phone conversation with a debt collector in your efforts to stop debt collectors from calling! Tennessee is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Tennessee.

Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.

 

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