cpdwife said:
I live in Tennessee. I recently got a letter saying I owed for an NSF check dated December, 1991. I looked up the Tennessee Code and found they only had 12 months to prosecute. I know they can't. I asked for a copy of the check, and they say they will send it, then over 2 weeks later I call them and they say they don't have it. Am I obligated to pay? I have had the same address for the past 12 years, and I have no warrants for this. The company handling it yells at me when I ask for a copy, and I have been hung up on 7 times. What can I do?
My response:
Don't worry anymore. IAAL to the rescue.
In TN, the Statute of Limitations on a written memoranda or check concerning a debt is 6 years. That means, they had until 1997 to file a lawsuit against you to collect the debt.
Since they didn't, it's all over for them - - forever. They can scream, yell, stomp their feet, or anything else they'd like to do - - but they can't touch you.
They were hoping that you wouldn't know the law and were trying to collect the debt anyway.
Now, you can tell them to go piss into the wind, and hang up on them. YOU ARE FREE AND CLEAR.
Tell them about the Statute of Limitations and tell them NEVER to call you again. (Click)
IAAL
