Tuesday, April 17, 2012


Debt purchasers such as Midland Funding, LLC, Cavalry Portfolio Services, Gault Financial, Portfolio Recovery Associates, CACH, LLC, etc., use the General Sessions Courts of Tennessee to frequently sue consumers who may have defaulted on an account long ago.  Unfortunately, many of said consumers do not know what to do and simply fail to appear.  This is because most people feel that there is nothing they can do and moreover, there are very few attorneys such as in Tennessee which assist consumers when they’ve been sued.

Many times these junk debt purchasers will not have sufficient evidence.  They all file what are called “sworn accounts” which is essentially a Summons to appear on an account that someone has sworn an affidavit wherein they state the consumer owes the account and what amount.  However, the Tennessee Rules of Evidence do apply as does the Tennessee Collection Services Act.  Moreover, some debt purchasers violate consumer protection statutes by illegally collecting, collecting “actively” without a collection service license, and unlawfully reporting inaccurate information upon a consumers credit reports.  In short, you can successfully defend and even file counter-complaints if sued by a debt purchaser.

in defending consumers against debt purchasers.  He knows that an affidavit can be rebutted through a sworn denial.  He is aware that someone must authenticate any affidavit submitted as evidence in support of a sworn account.  He knows that affidavits should not be construed as business records – an exception to the hearsay rule – should a witness for a debt purchaser fail to appear.  Furthermore, he is cognizant that a right of assignment should be presented to show a chain of title that permits a debt purchaser to act as a real party in interest.

Moreover, knows how to counter-claim under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, and the Tennessee Consumer Protection Act inside and out.  If the debt purchaser does not have a valid Tennessee collection service license and is actively collecting in violation of the Tennessee Collection Services Act, a dismissal is in order.  will utilize the aforesaid Acts to fight for you against debt purchasers. 

Again, debt purchasers must be able to prove what they allege in their cases against consumers.  At , we make them and if they can’t, we will assert counter-complaints.

Please contact at 615-585-2245 or http://www.barnettelawoffices.com if you’ve been sued by debt collectors such as Arrow Financial, Midland Funding, Asset Acceptance, Calvary Portfolio, Gault Financial, etc.  We can help you defeat the suit and sometimes, put cash in your pocket at the same time.

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