Legal Question in Credit and Debt Law in Tennessee

Can a retired person in Tennessee, who receives a pension from the Tennessee Consolidated Retirement System, be sued by a mortage company that forclosed on their home in 2003?


Asked on 10/14/10, 9:01 pm

1 Answer from Attorneys

Howard R. Peppel Peppel, Gomes & MacIntosh, P.C.

Yes, a person who is retired, regardless of their source of income, can be sued. There is no exemption for any legally competent adult against suit regardless of age, retirement status, etc.

The question however, is whether a judgment, once obtained, could be collected. If your only source of income is the retirement and other like funding such as social security, etc., and the only funds in your bank account are your retirement funds, you are basically what is known as "judgment proof". In other words, the judgment, which is nothing more than a court pronouncement that you owe money to the suing creditor, cannot be enforced, at least with respect to your retirement income and bank account.

However, other assets of yours could be taken by the suing creditor such as motor vehicles, furniture, stamp and coin collections, electronic items such as the computer upon which you posted this inquiry, or other sources of income. In Tennessee, unlike some states, creditors have a wide range of options available to assist in the collection of judgments.

Of a somewhat related nature, judgments in Tennessee are valid and enforceable for a period of ten years and can be renewed for successive ten-year periods. Also, judgments in Tennessee generally accrue interest at a rate of 10% per annum or possibly the contractual rate of interest if there is a contract that provides for interest.

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Answered on 10/20/10, 6:16 am


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