Statute of Limitations on Debt in Tennessee: Your Complete Guide
Tennessee's statute of limitations on debt is six years for credit cards, medical bills, mortgages, and state taxes. If collectors sue you after this period expires, you can have the case dismissed by raising this defense in your Answer. Never make payments on old debts without checking the statute first, as even a small payment restarts the clock and gives collectors the right to sue you again.
Answer Your LawsuitFalling behind on debt can feel overwhelming. You might be receiving calls from creditors or collection agencies. Whether it’s a medical bill, credit card debt, or consumer loan, collectors can become aggressive.
When debt collectors can’t reach you, they often sell your debt to collection agencies. These agencies may eventually sue you. You’ll receive a Summons and Complaint, which are court documents initiating a debt collection lawsuit.
Respond to Your Tennessee Debt Lawsuit in 15 Minutes
You have only 21 days to respond before collectors get a default judgment. Use our partner Solo to draft your Answer with the statute of limitations defense and file it properly with the Tennessee court.
Start Your Answer NowNever ignore these documents. In Tennessee, you have just 21 days to respond. Failing to respond leads to a default judgment against you. Our partner Solo can help you respond before the deadline.
One of your strongest defenses is the statute of limitations. Understanding Tennessee’s debt laws can protect you from unfair lawsuits.
Tennessee Statute of Limitations on Debt
Creditors and debt collectors cannot sue you indefinitely. Tennessee law sets strict time limits on debt collection lawsuits.
The statute of limitations is the maximum time period for filing a lawsuit. The clock starts from your last account activity. Your last payment date typically marks this starting point.
Other actions can restart the clock. Acknowledging the debt or agreeing to a payment plan both count as activity.
Tennessee Code § 28-3-109(a) establishes a six-year statute of limitations. Credit card debt falls under “actions on contracts not otherwise expressly provided for.”
The Tennessee statute of limitations on credit card debt is six years. Most debt types follow similar timelines.
Statute of Limitations by Debt Type
| Debt Type | Years to Sue |
|---|---|
| Credit Card | 6 |
| Mortgage | 6 |
| Medical | 6 |
| State Tax | 6 |
| Auto Loan | 4 |
| Installment | 4 |
| Judgment | 10 |
Check the Statute Before Making Any Payment
Debt collectors may sue you even after the statute expires. Judges don’t automatically check these deadlines. You must raise this defense yourself in court.
You technically still owe expired debts. Collectors can continue requesting payment outside the time period. The critical difference is they cannot sue you anymore.
Avoiding lawsuits means avoiding wage garnishment. You protect your income and property from court judgments.
Beware of Zombie Debts
Collectors sometimes pursue “zombie debts.” These are old debts that have been discharged, paid, or removed from credit reports. Many zombie debts are past the statute of limitations.
Making even a small payment restarts the statute of limitations. A $5 payment gives collectors the right to sue you again. Never pay on old debts without verifying the statute of limitations first.
If you’re facing a debt lawsuit, our partner Solo can help you respond with the statute of limitations defense.
Tennessee Debt Collection Laws Protect You
Tennessee law requires specific collector behaviors. Collectors can make initial contact by phone. During this call, they must state their company name and identify the debtor.
Within five days of calling, collectors must send a written letter. The letter must identify the collection company, the amount owed, and the original creditor.
Collectors cannot misrepresent your debt amount. No fees or interest can be added unless specified in your original contract.
Your Right to Dispute and Validate Debt
Collectors must inform you of your right to dispute the debt. You have 30 days to demand debt validation in writing.
Once you request proof, collectors must stop collection activities. They cannot resume until providing validation. Collectors cannot lie or withhold information about their agency or the original creditor.
Send a Debt Validation Letter to challenge questionable debts. Demanding proof protects you from collecting on debts you don’t owe.
The FDCPA Prohibits Abusive Collection Tactics
The Fair Debt Collection Practices Act (FDCPA) protects Tennessee consumers. Federal law prohibits specific collector behaviors.
Illegal Collection Practices
- Calling before 8 a.m. or after 9 p.m.
- Calling at times you’ve stated are inconvenient
- Contacting your workplace when prohibited
- Threatening arrest or criminal charges
- Using profanity or abusive language
- Calling more than three times daily
- Discussing your debt with others besides your spouse
- Threatening wage garnishment without legal authority or intent
Tennessee is a one-party consent state. You can record calls with collection agencies without disclosure. Recordings provide proof if collectors violate FDCPA rules.
How to Respond to a Debt Lawsuit in Tennessee
You have only 21 days to respond to a Summons and Complaint. Missing the deadline results in a default judgment against you.
Default judgments allow collectors to garnish wages and seize property. Responding with a written Answer protects your rights.
Three Steps to Answer a Debt Lawsuit
- Respond to each claim in the Complaint document
- Assert your affirmative defenses, including statute of limitations
- File the Answer with the court and send a copy to the opposing party
You must respond properly and on time. Our partner Solo guides you through drafting your Answer in 15 minutes. They review your document and file it for you.
Using the Statute of Limitations as Your Defense
The statute of limitations is one of your strongest defenses. If more than six years have passed since your last payment, the collector cannot legally sue you.
Include this defense in your Answer document. State clearly that the debt is time-barred under Tennessee law.
Courts will dismiss lawsuits on expired debts. You avoid wage garnishment, property liens, and damaged credit.
Settle Your Debt Before Court
You can negotiate with collectors even after being sued. Many collectors accept settlements for less than you owe.
Settling ends the lawsuit and removes the debt. You avoid court appearances and judgments on your record.
Our partner Solo helps you negotiate settlements online. You can resolve your debt quickly and affordably.
Take Action Within 21 Days
Time is critical when you’re sued for debt. Tennessee’s 21-day deadline arrives quickly.
Responding properly protects your income and assets. Using the statute of limitations can get your case dismissed entirely.
Don’t face debt collectors alone. Professional help makes responding easier and more effective.