Legal Question in Credit and Debt Law in Tennessee
Collection notices sent but not to our address
My husband received a voice mail concerning a balance on a credit card. He returned the call and was told this was the final attempt to collect the balance. We live at the same address the card was opened with; however, for the past year, the credit card company and later the collection agency had been sending notices to an address we had before the credit card was ever issued -- a house we sold a year before even opening the credit card account. The collection agency states we must pay the balance of over $1300 immediately because they have already been trying to get us to pay and the time for disputes and negotiations is over. This mornings phone call was the first we had heard of the account balance. We thought we had paid off the balance last summer and we cut up the card. We didn't receive any more statements after our last payment and therefore had no reason to question the absense of mail. We would like to dispute the balance but the collection agency said we are out of time for that. Under pressure from the agency and knowing nothing else to do, we tried to set up a payment arrangement and they said it was too late for that, also. Do we still have a right to dispute or payment arrangements if a dispute fails?
1 Answer from Attorneys
Re: Collection notices sent but not to our address
Yes. You have a right to dispute the amount. Your long posting here would make a good complaint for you to file in General Sessions court against the collection agency -- rather than waiting for them to file suit against you. Also, you should check out over the Internet the "Fair Debt and Collection Practices Act." The collection agency is not allowed to demand payment in full and tack on additional fees if it did not previously contact you about the debt. If you were not aware of the debt, maybe the charges on the card are inaccurate. Tennessee has a six-year statute of limitations on breach of contract claims -- which means you have six years from the time that you are aware of the breach to bring a possible lawsuit seeking damages.