Tennessee Consumers

[TNConsumerLawyer]

If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it.  However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons.  It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser.

 

We can help in some cases and there is no charge to ask us questions.  We operate off of attorney fees and fees we derive for statutory violations.

[nascar]

We have some Tennessee members who already have judgment entered against them. Do you generally find that judges are amenable the filing of slow-pay motions?  Do you recommend them? Several years ago, when I worked for a firm in Nashville, I recall a couple of instances where judge allowed as little as $10/mo.

[ArtVandelay]

Have you had any success getting the losing side to pay your attorney fees in local cases?

 

http://www.tn.gov/sos/acts/107/pub/pc1046.pdf

 

Most here know this about FDCPA cases, but not when they are defending themselves in TN. Courts. I just ran across this the other day concerning local and state cases. If this is possible people will be more likely to hire an attorney vs going Pro Se. 

[TomnTex]

I think it's great that you guys now have an attorney in TN willing to pop in and give some advice now and then like Calawayer does in Calif. Maybe some of you can use their services. Good luck.

[TNConsumerLawyer]

We have some Tennessee members who already have judgment entered against them. Do you generally find that judges are amenable the filing of slow-pay motions?  Do you recommend them? Several years ago, when I worked for a firm in Nashville, I recall a couple of instances where judge allowed as little as $10/mo.

Most Sessions Court judges are very open to them.  What else can they do if one shows that a certain sum is all they can pay?  Now, if they don't honor the slow pay Order, some will hammer them.

[TNConsumerLawyer]

Have you had any success getting the losing side to pay your attorney fees in local cases?

 

http://www.tn.gov/sos/acts/107/pub/pc1046.pdf

 

Most here know this about FDCPA cases, but not when they are defending themselves in TN. Courts. I just ran across this the other day concerning local and state cases. If this is possible people will be more likely to hire an attorney vs going Pro Se. 

Yes, we get attorney fees when a debt purchaser - or original creditor as the case may be - actually goes to hearing.  This is atypical.  They usually dismiss based upon our filing of the Motion to Dismiss because most debt purchasers do not have standing as a matter of law to even commence litigation in Tennessee.  Midland and CACH, depending on who is representing them, will sometimes go to hearing but that is about it.

[TomnTex]

Wish I had these guys close to me, nearest NACA attorney is eighty miles from me and for that matter, so is the nearest Federal court house. Guess it's called living in the sticks...lol.

[TNConsumerLawyer]

Wish I had these guys close to me, nearest NACA attorney is eighty miles from me and for that matter, so is the nearest Federal court house. Guess it's called living in the sticks...lol.

If you're in the E.D., I "may" be able to help.  Well, I'd have to check all four districts in TX, but their pro hac rules are - uh - liberal.

[debtzapper]

Yes, we get attorney fees when a debt purchaser - or original creditor as the case may be - actually goes to hearing.  This is atypical.  They usually dismiss based upon our filing of the Motion to Dismiss because most debt purchasers do not have standing as a matter of law to even commence litigation in Tennessee.  Midland and CACH, depending on who is representing them, will sometimes go to hearing but that is about it.

 

 

"Most debt purchasers do not have standing as a matter of law to even commence litigation."  Can you elaborate?  Does TN have very restrictive debt collection laws?

[ohnowwhat]

Well I am about to be served papers an hour away from nashville. I am being sued by Cavalry :////. I most likely will need some help as I have no clue what to do.

[TNConsumerLawyer]

Just let us know when you are served, or even now.  It is most likely Conner & Garnes out of Marysville that will be representing them; i.e., Jason Beddingfield or Bart Williams specifically, and "Cavalry" or "Cavalry SPV I" will dismiss simply based upon our pleadings.

 

As to the other question, most debt purchasers - well none as a matter of fact - comply with the Tennessee Collection Services Act.  I wouldn't characterize the Act as
"restrictive" rather I would contend it simply protects Tennessee consumers and sets forth what any plaintiff/assignee must prove in a contract action.  It is a rather common sense law in my humble opinion although some disagree.

[ohnowwhat]

I will contact you when I get the papers thank you

[TNConsumerLawyer]

Thank you . . . look forward to it!

[ohnowwhat]

Thank you Mr.Barnette for helping me with my case!

 

R

[TNConsumerLawyer]

Not a problem . . . dismissal with prejudice is what I do.

[TomnTex]

You guys in TN are lucky to have at least two great attorneys helping you out. In fact the board is lucky that we have several attorneys helping out on this board when they have the time. My suggestion, is if your in need of an attorney and they are in your area, use them to help repay them for their kindness.

[elisamarie]

If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it.  However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons.  It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser.

 

We can help in some cases and there is no charge to ask us questions.  We operate off of attorney fees and fees we derive for statutory violations.

 

 

@TNConsumerLawyer

 

Good afternoon, I was researching statutory violations and came across your post.  I have a situation in Tennessee where the owner of a self-storage facility sold my personal property less than one month after I had paid $669 to cure my prior default. The background is that I had recently moved to Tennessee and stored everything I owned in two storage units (the facility estimates will hold a 4-5 bedroom home including appliances), within two weeks of moving in I have receipts that prove the engine in my Lexus "blew up," the expense of replacing the engine resulted in me falling in arrears. I kept in contact with the facility and paid nearly four months payment in one month and was told this cured my default (have receipts marked "lien released"). Somewhere between 25-30 days later they sold my property.   I was not provided any type of notice, written or otherwise, that they intended to sell my property (the facility concedes). Is this a situation that I can recover statutory damages for wrongful repossession under Tenn.Code Ann. § 47-9-625©(2)? The cases I have read all seem to be about repossessing cars so I was unsure if this qualified and what the damages would be calculated on.  The value of my property was approximately 92,000.  

Thank you in advance for your time.  

[TNConsumerLawyer]

Perhaps . . . feel free to give us a call.

[freerangehuman]

I have a question about rule 60.02. Please see highlighted portion and then my question below:

 

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that a judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this Rule 60.02 does not affect the finality of a judgment or suspend its operation, but the court may enter an order suspending the operation of the judgment upon such terms as to bond and notice as to it shall seem proper pending the hearing of such motion. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. Writs of error coram nobis, bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

 

Does this mean that if a satisfaction of judgment has been filed, that I can have it vacated? This rule doesn't define a "reasonable time" to have it vacated outside of mistake, fraud, or misconduct. Can I file a "Motion to Vacate" in Williamson County? I have a paid judgment that I want removed from my credit reports.

[TNConsumerLawyer]

Answered via PM.