If you're a Tennessee resident struggling with debt, you may wonder what your options are. This article will provide an overview of the debt collection process in Tennessee, including what your rights are and what to expect.
If you're a Tennessee resident struggling with debt, you may wonder what the laws surrounding debt collection in the state are. Here's a quick overview of the critical things you need to know.
Firstly, it's important to understand that there are federal laws that apply to all states when it comes to debt collection. These are known as the Fair Debt Collection Practices Act (FDCPA), protecting consumers from unfair or abusive debt collection practices.
In addition to the FDCPA, Tennessee has laws governing debt collection within the state. These laws are known as the Tennessee Consumer Protection Act (TCPA), providing additional consumer protections.
Under the FDCPA and TCPA, debt collectors are prohibited from using harassing or abusive tactics when attempting to collect a debt. This includes things like making repeated phone calls, using obscene language, or making threats of violence.
There are also strict rules around what information debt collectors can disclose to third parties. For example, they are not allowed to tell anyone other than the debtor that they owe money unless the debtor has permitted them to do so.Back To Index
When it comes to debt collection, Tennessee law sets specific time limits on when creditors can attempt to collect. The state's statute of limitations on debt starts from the date of the last missed payment on the account, not from the original purchase or loan date. That means the clock restarts if you make a payment, even a partial one, and the creditor gets more time to sue you.
In Tennessee, the statute of limitations on most types of debt is six years. That includes credit card debt, medical bills, and signature loans. If you don't make a payment on any of those debts for more than six years, the creditor can no longer sue you to collect. There are a few exceptions to this rule.
For instance, the statute of limitations on student loans is generally 20 years, and tax debt has no statute of limitations.
If you're being harassed by a creditor trying to collect a debt past the statute of limitations, you can send a "cease and desist" letter. This tells the creditor to stop contacting you. Once they receive your cease and desist letter, they're legally bound to stop calling and sending letters. If they don't stop,Back To Index
The Tennessee Fair Debt Collection Practices Act is a set of laws that protect consumers from being harassed or abused by debt collectors. These laws also limit how and when a debt collector can contact a consumer. If you are harassed or abused by a debt collector, you can file a complaint with the Tennessee Attorney General's Office.Back To Index
If you're a resident of Tennessee, you're subject to the state's laws regarding debt collection.
However, federal laws also come into play regarding debt collection, specifically the Federal Debt Collection Practices Act (FDCPA). Here's what you need to know about this Act and how it can help you if you're dealing with debt collectors.
The FDCPA is a law to protect consumers from unfair or abusive debt collection practices. The law applies to any company attempting to collect a debt from an individual and sets forth specific rules and regulations that these companies must follow. For example, the FDCPA prohibits debt collectors from making harassing or threatening phone calls, using obscene or profane language, or disclosing information about the debt to anyone other than the debtor.Back To Index