Tennessee Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment

State:
Multi-State
Control #:
US-DCPA-31
Format:
Word; 
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Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes:
  • Publishing a list of consumers who allegedly refuse to pay debts except to a credit reporting agency as permitted by law.
  • Advertising the sale of any debt to coerce payment.

    A debt collector may not shame a consumer into paying their debt by publicizing it.

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    FAQ

    There is a statute of limitations on debt in Tennessee which is 6 years. This means that if the debt does not get closed out in six years, a lender is not eligible to sue the person to collect the debt.

    The Fair Debt Collection Practices Act (FDCPA) The FDCPA prohibits debt collection companies from using abusive, unfair or deceptive practices to collect debts from you.

    Repeated calls. Threats of violence. Publishing information about you. Abusive or obscene language.

    Unpaid credit card debt is not forgiven after 7 years, however. You could still be sued for unpaid credit card debt after 7 years, and you may or may not be able to use the age of the debt as a winning defense, depending on the state's statute of limitations. In most states, it's between 3 and 10 years.

    Tennessee judgments are good for 10 years. Rule 69.04, amended by the Tennessee Supreme Court in 2016, makes the process now even easier to extend the life of a judgment.

    For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.

    Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

    The FDCPA forbids harassing, oppressive, and abusive conductno matter what kind of communication media the debt collector uses. So, this prohibition applies to in-person interactions, telephone calls, audio recordings, paper documents, mail, email, text messages, social media, and other electronic media.

    You are not obliged let a debt collector into your home and they don't have the right to take goods away. It's very important to understand that a debt collector is not the same as an enforcement agent or bailiff. Debt collectors have no special legal powers.

    If you make a payment (even as small as $5), the debt collector will be given the right to sue you again, leading to possible wage garnishment. In Tennessee the statute of limitations on debt is as follows: Mortgage debt: 6 years. Medical debt: 6 years.

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    Tennessee Notice to Debt Collector - Unlawful Publishing of a Debt to Coerce Payment