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  1. #1

    Default Tennessee Statute of Limitations

    My question involves collection proceedings in the State of: TN

    I had an auto loan through a local bank in 2001 - which I also have a checking account with. After only having the car for 7 months, it breaks down. We asked for voluntary repo. We have not had the car since. On my credit report, date of last activity with the original creditor was 10/01/2002. It went into collections under a certain attorney (we'll call them A) and we paid several payments not even having the car. I stopped paying them around the same time in 2002. I do not have a specific date on which they last received a payment from me, though.

    Then, a credit card that I had went into collections. We are trying to buy a house and were told that we needed to take care of the little things left on my credit that were bad. So, I called the collection agency with this credit card to set up a payment plan - post dated checks which were to start at the end of this month. Then I realized that this collection agency is now part of the same collection agency as stated A. The very next day, the collection agency A - which remind you I also have a checking account with - took every penny from my account leaving me with a horrendous negative balance. This only having not heard from them for several years (at least since 2002). The said collection agency A appears to have taken my account information that I gave them for the credit card debt and applied it to the auto debt (which is now 6+a few months years old with not contact). Can they do this or has the SoL not expired? Or now that they took all my money from my account, did this extend the SoL? Please help!

  2. #2
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    Default Re: Tennessee Statute of Limitations

    Find out what happened and tell us. Until you do that, all we can do is guess.

    Assuming no judgment was entered, the car loan would appear to be govered by a six year statute of limitations, and normally that would have started with the default in 2002. (Although if you were making payments after 10/1/2002, it's possible that the default didn't occur until 2003 - you need to figure that out.)

    If the amount they took was for the credit card debt, ask them to respect the agreement and return the excessive withdrawal.

    If they had a court order allowing garnishment for the car loan, then they already have a judgment for the car loan. If they didn't, I would be interested to hear what they claim to be their legal basis for the withdrawal.

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