Served With a Lawsuit or Debt Collection Case in Middle Tennessee
04. Lawsuit Defense
First: Which Court Are You In?
Being handed a civil warrant or lawsuit is stressful, but the worst move is to ignore it. Missing your court date can lead to a judgment, and a judgment can lead to garnishment of your paycheck or bank account. Here is how Tennessee cases work and the deadlines that matter. Look at the top of your papers.
General Sessions Court (civil warrant). Most debt collection cases start here. General Sessions can hear civil cases up to $25,000, not counting attorney fees and court costs. Eviction (detainer) cases have no dollar limit (Tenn. Code Ann. § 16-15-501). In Sumner County, the Circuit Court Clerk handles General Sessions civil cases at 155 East Main Street, Gallatin, and collection cases are set on their own docket.
• Show up on your court date. The Tennessee Rules of Civil Procedure generally do not apply in General Sessions (Tenn. R. Civ. P. 1), and the civil warrant lists the date and time you must appear. Plan to be there, with your papers and any records.
• If you do not appear, the judge can enter a default judgment against you.
• Missed it or lost? You may ask the Sessions judge for relief from the judgment within 10 days (Tenn. Code Ann. § 16-15-727(b)), or appeal to Circuit Court within 10 days. The appeal is a brand new trial (de novo) (Tenn. Code Ann. § 27-5-108).
Circuit or Chancery Court (summons and complaint). Larger cases are filed here. You generally must serve a written answer within 30 days after you are served with the summons and complaint (Tenn. R. Civ. P. 12.01). Missing it can lead to a default judgment.
More detail: served with a civil warrant, what to do.
Call (615) 997-7618 to talk with Kylene Ross about your case.
Consumer Debt Cases and Old Debts
New protections in consumer debt cases. Since July 1, 2024, a debt buyer suing on a consumer debt in General Sessions must state on the civil warrant that the debt was transferred, the date of transfer, prior holders since charge-off, and the original creditor. Before getting a default judgment, it must show the court proof it has authority to collect and proof the debt exists, such as a signed agreement or account records. These rules do not apply to the original creditor or a lienholder (Pub. Ch. 914 (2024), Tenn. Code Ann. Title 20, Chapter 6, Part 1).
Is the debt too old? Many lawsuits on contracts must be filed within 6 years after the claim arose (Tenn. Code Ann. § 28-3-109). Demand notes have 10 years. When the clock started depends on the facts, so bring your records. Got a letter but no lawsuit yet? Read your options after a demand letter.
If There Is a Judgment
Garnishment limits.
• Wages. A creditor can take no more than 25% of your weekly disposable earnings, or the amount above 30 times the federal minimum hourly wage, whichever is less (Tenn. Code Ann. § 26-2-106).
• Children. You may exempt an extra $2.50 per week for each dependent child under 16 who lives in Tennessee, but you must tell your employer (Tenn. Code Ann. § 26-2-107).
• Personal property. Tennessee residents may exempt personal property, including money and bank deposits, up to $10,000 in total (Tenn. Code Ann. § 26-2-103).
What we look at.
• Whether the plaintiff can prove it owns the debt and the amount.
• Whether the case was filed in time.
• Whether you were properly served.
• Payment history, disputes and settlement options.
For more on how General Sessions works, read our General Sessions Court guide. See all of our civil matters.
Call (615) 997-7618 to talk with Kylene Ross about your options. Prefer to write first? Send us a message and we are notified right away.
