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Tennessee SOL issue (again)


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I have done a lot of research on this issue. Some say TN has a three year SOL for credit cards, others say it is six years. I have read the statutes and they are clear as mud - no mention of credit cards, open accounts or anything that is even remotely related. Part of the problem is that I have not been able to find any good research materials. Yesterday I found a current copy of TN statutes annotated that I can use as much as I want. So now I can do the research.

What I have been told is that there is a huge number of cases in TN that are right on point and they all say three years. But no one can point me to any. So I have two questions; First, whether you believe in the three year or six year SOL, can you give me the specific TN statute number that you are relying on for your argument? I can then use the annotated statutes to research the issue. Obviously I can read all the annotations on SOL, but this will narrow down my search. Second, can anyone actually cite a case in TN that upholds the three or six year SOL?

Thanks. I have $26,000 riding on this. I have two cards at the five year mark and would like to forget about them.

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I went to court with Crap 1 this year here in TN. I was told it is considered a contract and (incidentally, TN has 6 years across the board for it's SOL) won by dismissal with prejudice since it was out of SOL. It was just over 6 years old when they sued me.

One reference regarding contracts:

http://www.expertlaw.com/library/limitations_by_state/Tennessee.html

another:

http://www.fair-debt-collection.com/SOL-by-State.html#43

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I live in TN, and, as you might expect, I'm very familiar with the TN statutes for SOL and debt collection. I've read the TN statutes many times, nowhere have I ever seen a 3 year SOL that might apply to a credit card.

This is the only 3 year SOL in TN statutes:

28-3-105. Property tort actions - Statutory liabilities.

The following actions shall be commenced within three (3) years from the accruing of the cause of action: (1) Actions for injuries to personalor real property; (2) Actions for the detention or conversion of personal property; and (3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability.

A credit card account won't fall under a Property Tort action.

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Up here in KY, I'm in the same boat, nothing in the statutes about bank issued credit card SOL, caselaw, as you said, clear as mud and court this next week for me. It is a daunting task to say the least especially when all you read is SOL 5 yrs everywhere but in the statutes.

I have looked everywhere, read 100's of cases and see nothing one way or the other about KY's SOL. I have had some posters here tell me that SOL is nearly impoosible for the consumer as it (court -good-ole-buddy atty) will go with the written contract=15 yr SOL.

I've looked for 6th Circuit cases which may include you as portions, if not all of Tenn. are in the 6th. Still cannot find anything., I even see Ky Collection Attys. advertising that the SOL is 5 yrs for CC debt, and they represent the JDB! Really, some of these a major firms in the Louisville and Lexington area.

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Call one of those attorneys and see if they'll tell you where it is.

Oh, If I were a JDB, I wouldn't want them to represent me on a SOL of 5 yrs. AND since I'm a consumer, I'm sure that the atty. wouldn't give me anything, maybe a summons....This is why I'm trying to find friends, here, to help. I was just adding that the JDB Attys. (some here) do advertise (actually, they are advising Company's, banks, stores etcto write their contract carefully) 5yr SOL, but almost all will try the consumer around on the written SOL of 15 yrs as the consumer is not informed. That is why/how I ended up here. Looking for information, thanks but, I'll not call them. I'll just try my hand at it with a little help from my friends, as they would have more in common with me, victory over a JDB CA...

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Whychat and others are saying it is three years. A lot of people think very highly of him. I found about 20 websites that list SOL by state, and about 30% say TN SOL is 3 years. The rest say 6 years. But no one cites any cases and just says there is a bunch of case law out there. I have read the TN SOL many times and am familiar with the one section that says 3 years, but that clearly says torts and this is not a tort. Hopefully one of the 3 year advocates will post here with the statute they rely on and maybe even cite some cases.

I have access to cases online, but I need a cite before I can look them up.

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As far as arguing the SOL in court (if it gets there), I plan to hire an attorney who specializes in this area to argue for me because I agree that the Judges probably will not give me much credibility. And, I will have a court reporter there just to make sure the Judge knows that I am protecting the record for an appeal.

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