TN debt collection after charge-off HELP!!!

[GoldenRibbon]

What is the name of your state?TN
Hi I was served with a civil warrent to appear in court.I am being sued for $1,600.52 by Colorado Capital as assignee of Providian National Bank. This debt was charged off I think in 1999 or 2000. Can they still sue me for this? I have been unemployed for over 2 years (I have migraines 3-4 days a week and can't keep a job) I own nothing except a few clothes ,a DVD player and a toothbrush. I live with my 24yr old son.Can they make him pay my debts? I have no money at all not even pocket change. What should I do about this? I would love to pay it off but I don't have a job. Also I have other accounts that were charged off around 1999 or 2000 can they come after me also? Do I need to file Bankrupsy? Can I do it for free?How many years can a company still try ot collect a debt in TN after a charge off? Please help me! Thank You in advance,

 

[Ladynred]

This debt was charged off I think in 1999 or 2000. Can they still sue me for this?

Yes, they can. Statute of Limitations for legal action to collect on a debt in TN is 6 years. That SOL starts ticking with the first time you went delinquent and never again got the account brought current. If you stopped paying in 1999, then the SOL runs out this year, but you need to know EXACTLY WHEN in 1999. If it was 2000, then you have another year to go.

Can they make him pay my debts?

ABSOLUTELY NOT ! Its not his debts, he cannot be made to pay a red cent on them.

What should I do about this?

You're going to have to show up in court ! In TN, this kind of thing goes to General Sessions Court (TN version of small claims). You are not required to file an Answer to the Complaint (lawsuit) but you DO have to show up in court or the creditor will win a default judgment against you and all your chances to resolve this will be pretty much down the drain.

Also I have other accounts that were charged off around 1999 or 2000 can they come after me also?

They CAN, the question is WILL they. Not all creditors will sue and not all will sue if you have no visible assets - like a house. Providian just happens to be one of those that DOES sue and for small amounts.

Do I need to file Bankrupsy? Can I do it for free?

Its still an option, yes. Can you do it for free -- doubtful. The filing fee alone for a Chapter 7 bankruptcy is $209, which you can ask to pay in 4 equal installments. You can file w/o a lawyer, but unless you're ready to handle complicated matters of law, then that's not something you want to do.

You might want to call legal aid and see if they can help you. You might also try calling the TN Bar association and ask them if they know of any lawyers who will do a bankruptcy pro bono (free).

With no assets and no income, you're pretty much judgment proof. That means you have nothing they can take from you, not even wages, to pay the debt. You have no house they can put a lien on, and no wages they can garnish. If you have no bank account, then there's nothing for them to sieze there either. The problem is, judgments are good for 10 years and are renewable for an additional 10 years, so they can wait around for a LONG time to get their money and they can keep pulling you into court for debtor's exams to find out if you have acquired anything they can go after or a gotten a job for wage garnishment.

In order to find out when you actually DID last pay Providian, you are going to have to pull your credit reports - all 3 of them, NOT a tri-merge. On your reports will be a 'date of last activity' which is usually your last payment. If that date falls in Jan/Feb of 1999, then you MAY be beyond the SOL. You also need to look at the Summons and find out the EXACT date the lawsuit was filed, it makes a big difference.

 

[GoldenRibbon]

Thank You so much Ladynred.