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  1. #1
    Join Date
    Feb 2009
    Posts
    2

    Default Statute of Limitations on Debt Collection in Tennessee

    My question involves collection proceedings in the State of: TN

    I attended a private university in TN. I left the university in 1998 and at the time was told that my account balance was zero. Since this time I have requested and received my transcript and references from the university, but there was never mention of a balance on my account.

    At the end of 2004 I received a collection notice of a balance on the account. I contacted the university and requested proof of the debt, but was only given a balance forward notice. I disputed the debt verbally and did not hear anything after two months so I did not send a certified letter.

    In November of 2008 I received another letter trying to collect on the debt. My belief is that the statute of limitations has expired on this debt. But, I wanted to verify that since it is a balance on a university account it isn't an exception for some reason. Should I send a certified letter disputing the debt and stating the expiration of the Statute of Limitations?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Statute of Limitations on Debt Collection in TN

    Before you can send them a letter disputing the debt and citing SOL, you need to know two things first: That the debt is valid and what the SOL is in your state.

    Send the certified letter/return receipt requesting itemized proof of the debt including date(s) incurred, specifically what the debt is for (unpaid books, fines, etc.) and the exact amount.

    Based on the dates that you provided they still have at least 2 years to pursue collection so no, the SOL has not yet expired.

    Tennessee Statute of Limitation on Debt Collection

    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).

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Statute of Limitations on Debt Collection in TN

    Thank you for your help. I understand what you are saying about requesting itemized proof of the debt and I will send that certified letter today.

    But you raise another question regarding the SOL on this debt. It had been my understanding that this would be 6 years from when I last paid on the account which would have been when I left the university in 1998. But, your answer implies that the SOL would begin again when they notified me of the debt in 2004. Is this correct? I really thought the SOL had expired when they contacted me regarding the debt the first time.

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