I just took on a client from Tennessee who was sued on a time barred debt. Debt collectors are suing on debt outside the six year statute of limitations in Tennessee in what seems like epidemic proportions.
Why? In Tennessee the General Sessions Court has jurisdiction over civil cases with a value of less than $25,000. Debt collectors merely issue summons with a less than skeleton allegation that the victim owes the debt, the amount of the debt, and requested interest. The victim then receives the summons with a date to appear in court. The debt collector sits back and waits, hoping the victim won't show up on the court date, and if the victim doesn't show, the court enters a default judgment for everything the debt collector has asked for.
In addition, in Tennessee a debt collector can "prove" it owns the debt with an affidavit. However, under a new change in the evidentiary rules, many of these affidavits are short of adequate.
If you are sued in Tennessee on a debt on which you last made a payment over 6 years ago, call a lawyer who practices consumer law. Suing on a time barred debt is a violation of the Fair Debt Collection Practices Act. You can get $1000 in damages, and the debt collector will have to pay your legal fees.
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