Can creditors take action to collect a debt after the statute of limitations has expired?
No, creditors are not allowed to take action to collect a debt after the statute of limitations has expired in Tennessee. This is because statutes of limitations are laws that set a limit on the amount of time in which legal action can be taken on a certain issue. In Tennessee, this amount of time that creditors have to take action to collect a debt is six years. Once this six-year statute of limitations has passed, the debt is said to be “time-barred,” meaning creditors cannot legally pursue collection attempts. Additionally, if a creditor tries to collect on a time-barred debt, they are in violation of the Fair Debt Collection Practices Act. This federal law prohibits creditors from “using unfair or unconscionable means” to collect a debt from a consumer, which includes trying to collect on a debt when the statute of limitations has expired. This means creditors are not allowed to call, email, or send letters to a consumer to try and collect a debt when the statute of limitations has expired. In conclusion, creditors are not allowed to take action to collect a debt after the statute of limitations has expired in Tennessee. Once the six-year statute of limitations has passed, the debt is considered time-barred and creditors cannot legally pursue collection attempts. Furthermore, if a creditor tries to collect on a time-barred debt, they are in violation of the Fair Debt Collection Practices Act.
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