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Collections Law/Questions Answered by Expert Jason Barnette, Esq.
| Subject | Date Asked |
| Natural Gas Bill | 3/19/2010 |
| Q: When I first moved in to a new condo I was told that NES, Metro Water and My Trash Collection were ... A: Louis: I would first contact the Tennessee Department of Consumer Affairs. In addition, I would ... | |
| Debt Collection Process | 3/17/2010 |
| Q: Am behind on some bills. Am in commercial real estate and business taking a beating. No income for ... A: Don: American Express is particularly quick to sue. Moreover, Tennessee is a very pro-business ... | |
| Right to cure ? | 3/8/2010 |
| Q: Jason, Thank you for providing this excellent service! If you are being sued by a creditor in ... A: Mandy: No, no advance notice is required nor is a right to cure communication prescribed under ... | |
| Collections | 3/2/2010 |
| Q: I have been contacted by Asset Acceptance for a credit card debit that i filed with the police ... A: Laurence: The debt is out of statute and I can assure you that Asset Acceptance, a debt purchaser, ... | |
| inaccurate reportings on credit report | 2/27/2010 |
| Q: I have a collection notice on my credit report for medical for $20. It was posted in April of 2008 ... A: April: You need to simply hire a skilled consumer protection lawyer that know the FCRA and FDCPA ... | |
| How To Get My Money | 2/17/2010 |
| Q: I have a perfected judgement in Knoxville TN. The person who owes me has a open personal injury ... A: Kevlar: You could file a Lis Pendens as a third party intervenor ("I think" inasmuch as this is a ... | |
| Junk Credit Card to Summons in Court | 2/9/2010 |
| Q: I had a credit card which is in default and HSBC sold the account to Portfolio Recovery. They have ... A: Lyle: I would amend your Answer to include Counter-Claims under the FCRA and FDCPA. If you do and ... | |
| Credit cards debt? | 2/3/2010 |
| Q: I would appreciate any advice in regards of my situation.Jason,I will try to be short and direct for ... A: Brad: It sounds as if Chapter 7 bankruptcy is the only option at this point. Liens and seizure are ... | |
| Summons & Answer | 1/27/2010 |
| Q: I recv;d a summons from the lovely Cohen & Slamowitz here in NYS for a capital one card i defaulted ... A: Tara: I have no idea insofar as I am not familiar with NY law. I do know that you cannot ... | |
| credit card pre-trial summons | 1/23/2010 |
| Q: I have been summons by a credit union regarding a credit card bal. unpaid @ 2,500 for this coming ... A: Sarah: You must only speak to the attorney representing the credit union inasmuch as they are know ... | |
| No Bill Received and No Collections Notice Received | 1/21/2010 |
| Q: I am a recent college graduate who is trying to get a car loan. My only credit history should have ... A: Jesse: Your best course of action is to first dispute the collection tradeline with the credit ... | |
| I have VOD now what? | 1/12/2010 |
| Q: Ok, I sent a VOD to a collection agency and all they sent me was copy of my statements from ... A: Tammy: Well, they have complied with the validation requirements pursuant to the FDCPA. They need ... | |
| Bank levy | 1/5/2010 |
| Q: I own a small corporation in TN. I recently was notified that I was going to have a levy placed on ... A: Bryan: Typically, no, they cannot under Tennessee law insofar as the corporation is a distinct ... | |
| can i request that my colletion notice be senst back to the original lender in hopes of a compromising settlement | 12/19/2009 |
| Q: can i request validation of original charges on a credit card? also can i request that my ... A: Walter: 1) Yes, although the debt purchaser may not comply. 2) Yes, however, it is very unlikely ... | |
| Harassment | 12/18/2009 |
| Q: Can an individual charge an original creditor with harassment in criminal court? I am thinking that ... A: Jake: No, I think the FCRA would preempt any common law theory in Tennessee unless their is a code ... | |
| debt | 12/15/2009 |
| Q: i was in the hopital after a car wreck in 1993 i had no money to pay on this and still dont this was ... A: Sabrina: You would need to check the North Carolina code as to the statute of limitations on ... | |
| credit card responsibility after death | 12/4/2009 |
| Q: Jason, Thank you for taking my question. My mother died two months ago, and there was no estate, ... A: Toni: Let them keep sending the aforesaid notices insofar as they cannot collect if the estate was ... | |
| Ohio debt collection | 11/20/2009 |
| Q: I lost my job and subsequently my home foreclosed (I'm single, no dependents). I'd taken out a loan ... A: Deborah: All they can do is sue you. You seem judgment proof insofar as you have no assets. In ... | |
| False swearing on a lien | 11/19/2009 |
| Q: In general, what is the disposition of courts when it can be demonstrated that a person, having ... A: Richard: The lien would be removed and the person committing perjury may be prosecuted unless he ... | |
| Loan Collections | 11/12/2009 |
| Q: I took out a loan for $2000 in 1994 in California, and carried on paying the monthly payments and ... A: Claire: The statute of limitations has ran on this debt insofar as they would get a lawsuit ... | |
| DEBT OCCURED BY SPOUSE | 11/2/2009 |
| Q: I RECEIVED A SUMMONS TO APPEAR IN COURT ON JAN 11, 2010 FOR A RING MY SPOUSE PURCHASED AND GAVE ME 2 ... A: Terri: You need to file an Answer to the Warrant in Debt. From what you've conveyed you are not ... | |
| Collection Fees | 10/25/2009 |
| Q: I am a TN resident. I can't find a TN statute that states what is the legal amount a collection ... A: Stacy: What you're thinking of is "usuary" limits. It can only be used as an offset if the debt ... | |
| Collections | 10/24/2009 |
| Q: If you pay off the money you owe a collection agency will they remove it from your credit report or ... A: Russell: They aren't obligated to remove it simply because you paid it. However, you can dispute ... | |
| I just received a summons - What do I do now? | 10/21/2009 |
| Q: I just received a civil warrant for a debt I know I owe. I was paying on it, but evidently not fast ... A: Deanna: Yes, I would advise you to retain counsel insofar as a good consumer attorney can attack ... | |
| statuteof limitations for Tennessee | 10/20/2009 |
| Q: Sir, what is legaly the last date of activity on a credit report? I am confused! Is it the last ... A: Jerry: Maybe, it would either be ten years under the statute of limitations for written contracts ... | |
| Student loans | 10/19/2009 |
| Q: I have about $25000 in student loans with Sallie Mae. I am having trouble making my payments, but I ... A: Jessica: My inclination is that sooner rather than later they will either: 1) sell the note to a ... | |
| Notification of Lawsuit | 10/18/2009 |
| Q: Jason, I have a lawsuit filed against me in the Davidson County Circuit Court (Nashville) for a ... A: Adam: They must serve you in 120 days from the date which the Complaint was filed. We would be ... | |
| Utility billing | 10/14/2009 |
| Q: I received an invoice from a utility provider on July 1 stating that I had a balance of 176.11. Soon ... A: Robert: A utility provider can turn over a debt at any time. However, I think you may have ... | |
| payday lender/ internet | 9/25/2009 |
| Q: Jason I live in the state of Oregon, I made the mistake of taking out an internet loan, my question ... A: David: Send them a letter telling them not to call you any further or you will report their ... | |
| Debt collector qustion | 9/25/2009 |
| Q: Can the debt collector file as if it was a bad check and have you arrested and thrown in jail.Please ... A: James: Yes and no. If you issue a worthless check to anyone they can turn it over to the ... | |
| Un-paid medical Bills | 9/24/2009 |
| Q: I just got a call from a collection agency regarding an un-paid medical bill in the amount of ... A: Danielle: Since it isn't on your credit reports (from what I understand) I would not run the risk ... | |
| Defense against judgement | 9/22/2009 |
| Q: Over a year ago, a debt collection agency presented me with a bill for a credit card that I had ... A: Alan: Simply put, yes. An attorney can assert defenses and perhaps counter-claims that the lay ... | |
| validation | 9/22/2009 |
| Q: Asked HSBC to verify an old account and all they told me that they had was a payment that was made ... A: Ken: Originally creditors are not bound by the FDCPA and accordingly, they don't have to "validate" ... | |
| payday lender/ internet | 9/17/2009 |
| Q: Jason I live in the state of Oregon, I made the mistake of taking out an internet loan, my question ... A: David: If you choose not to pay them it seems they would have little recourse. I can't advise you ... | |
| judgement in another state | 9/17/2009 |
| Q: Recently, I received a letter from an attorney in HI (former residence) that a judgement had been ... A: D. Marie: I wouldn't be in too big of a rush to pay this insofar as you already have purchased a ... | |
| credit card debts after death | 9/9/2009 |
| Q: I am seriously ill. My husband and I own a home together. We have paid off most of his credit card ... A: Adrianna: The obligation for your credit card debt and student loans will not be transferred to ... | |
| Confession of Judgement | 9/8/2009 |
| Q: I have a possible short sale in SC that might have the lender wanting to do a confession of ... A: Jeff: Yes, a confession of judgment is enforceable in Tennessee however, I would advise against it. ... | |
| Date of last activity | 9/8/2009 |
| Q: Sir, what is legaly the last date of activity on a credit report? I am confused! Is it the last ... A: Jerry: Pursuant to the FCRA, a furnisher of information and likewise, the credit reporting ... | |
| Payday Collections Harassment | 9/7/2009 |
| Q: I had a person call me regarding a payday loan that I defaulted on a couple of years ago. They ... A: Kelly: This is a rather egregious violation of the FDCPA. I would consult with a consumer attorney ... | |
| COURT SUMMONS | 9/4/2009 |
| Q: I HAD A CREDIT CARD WITH CAPITAL ONE BANK. AN ANNUAL FEE WAS ASSESSED AND THIS CAUSED MY ACCOUNT TO ... A: Missy: Option one would be to check your state's statute of limitations. Option two would be to ... | |
| COURT SUMMONS | 9/3/2009 |
| Q: I HAD A CREDIT CARD WITH CAPITAL ONE BANK. AN ANNUAL FEE WAS ASSESSED AND THIS CAUSED MY ACCOUNT TO ... A: Missy: You must file an answer to their Complaint or at the very least make an appearance. I would ... | |
| Property Lein | 8/31/2009 |
| Q: Several years ago my father purchased a mobile home and the land on which it is set up for my ... A: Gina: Unfortunately, this is a complex legal matter that would require an attorney. However, there ... | |
| Cohen & Slamowizt | 8/27/2009 |
| Q: I sent C&S all my documentation showing that the bill is paid in full. Today I received a letter ... A: E: Consult a consumer protection attorney in your jurisdiction. If you reside in Tennessee, we ... | |
| Collection agencys calling families work | 8/25/2009 |
| Q: I have recently applied for a job at a place I was temporarily employed at last year. Cambece Law ... A: Wendy: Under the FDCPA, a debt collector can call a family member once in an attempt to locate a ... | |
| Credit report | 8/24/2009 |
| Q: Can a third party debt collector send a account to the Credit Bureau if the account has had returned ... A: Margaret: Unfortunately, a furnisher of information need have only very basic information in order ... | |
| Collection Laws/regulations | 8/24/2009 |
| Q: I have a collection company listing a collection on my credit report. I have contacted them and the ... A: James: You can dispute the collection tradeline directly through the credit reporting agencies. I ... | |
| Sued by Creditor | 8/18/2009 |
| Q: A judgment was entered against me by a creditor because I did not respond to a summons. I instead ... A: Jaqueline: You should be able to apply the doctrine of accord and satisfaction within either the ... | |
Collections Law
Answers by Expert:
Jason Barnette, Esq.
Top Expert on this page
Expertise
I am the managing member of and a trial attorney at Barnette Law Offices, LLC, located in Nashville, Tennessee. Our firm focuses upon consumer protection cases arising under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Tennessee Consumer Protection Act.
Experience
Attorney
Licensed to practice before Tennessee state and federal courts
Education/Credentials
Juris Doctor
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