Legal Question in Credit and Debt Law in Tennessee

Collection call after 8 years on paid debt

I bought a security system for a new house in 1994 in Tennessee, paid monthly on time until selling the house 3 years later. Now 8 years after selling the house a colletion agent is calling me saying I owe $1,100 for the system. I have near perfect fredit, nothing has ever shown up on my credit for this, and I have never been notified of anything being past due or unpaid...what should I do?


Asked on 12/29/05, 10:22 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Collection call after 8 years on paid debt

First, you need to go on the Internet and research "Fair Debt Collections Practices Act."

Second, you should call the collecting agent and say Tennessee has a 6-year statute of limitations on breach of contract claims. Ask the collecting agent why its claim is not frivolous and barred by the statute of limitations.

Third, depending on the answer you receive, you should ask the collection agent if he violated the Fair Debt Collections Practices Act by calling you about an alleged debt that has long expired by statute. Arguably, you could sue the collection agent unless he has grounds for thinking the debt is not time-barred.

Fourth, if any item ever shows up on your credit report, you always have a right to notify the credit reporting agency that the charge is disputed, and that agency must indicate that the amount is in dispute and not actually owed by you.

http://michaelguth.com/prose.htm

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Answered on 12/29/05, 10:34 am


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