Debt Collection Laws for TN

Wow that's pretty crazy....What kind of debt are these people trying to collect?

It was merchandise from Townecraft. They sent me a "card" that said it was my 'Townecraft Credit Card', so I guess it could be considered a credit card (???). I tried to send the stuff back after I got it, but they said that it should have been returned in the first three days. I have never used it and I don't want it! The collection agency said that I now owe 3873.19 (originally, six months ago, it was around 2000.00 when I got it). The CA is D L Recovery Corp located in NY.

What is the name of the company contacting you-the collection agengy?

You said you tried to send the stuff back, but then said you haven't used it, if I read you post right. If you haven't used it, I wouldn't worry about it too much. You need to send them a debt validation letter.

The threats they made are illegal. You need to keep notes of days, times, and conversations of all correspondence with them. You can check out if it is legal to tape the calls in your state.

Have you made any payments to them?

Send them the DV letter-certified, return receipt and see what happens.

I jusr re-read you post, I see where you put the name of the agency,sorry!!..karen

They haven't taken you to court yet, I take it. You have 30 days after you get a warrant from the court for appearance.
You can ask for verification it really means nothing.
You need to file a Sworn Denial with the court and the people
who are trying to collect. If you haven't already admitted to them you have taken the goods. In Tennessee it only cost $4.00 to file that Sworn Denial in most places.
But if this was not a collection companym but the actual company you bought it products from they would actually have all the paperwork so it wouldn't work
Those people have nothing but a piece of paper saying you owe some money and they have bought it for anywhere from $50.00 to $200. They do not have any paper work because they have only a spread sheet with names and numbers on it. They will send to you a court order to appear on that certain date and the sworn Denial will be on the Judges desk when the
collector trys his luck. In your case you have an out of state collector trying to collect a debt that has already been written off and that first company can't collect a written off debt. But they can sell it a dozen times and keep you tore up for years.
Once you have filed a Sworn Denial they must have that person who has made out the affidavit attached to the court papers to personally appear in court now to vouch thay they actually know all about this debt. Fortunately that is in your favor for the people who bought the debt are the ones where forged the affidavit.
There are some cases where the Judge can determine that the bum who made out the affidavit does not not have to appear and will want to proceed.
Now you will want to ask the Judge for a Civil Court Trial decision whereby it goes into a Civil Court and then you get to ask these questions. When a debtor attorney cross examines the Plaintiff????????s witness. You can easily see how a debt buyer????????s witness at trial would crumble.

Debtor????????s counsel (???????DC???????): Who do you work for?
Plaintiff????????s witness (???????PW???????): ABC Debt purchasing company.
DC: How much did you purchase this debt for?
PW: $300.
DC: According to your complaint, you state that my client owes you $5,000. Is that true?
PW: Yes.
DC: Because your company purchased the debt, it did not originate this debt, did it?
PW: No.
DC: Do you have any personal knowledge to show that my client incurred $5,000?
PW: No.
DC: Do you have any signed credit card statements to show that my client incurred this debt?
PW: No.
DC: Do you have any signed agreement between Chase and my client to show that he agreed to pay these charges?
PW: No.
DC: Do you have a breakdown between principal and interest as to how you arrive at the $5,000 balance?
PW: No.
DC: So, to recap, you testifying that you have no personal knowledge of the alleged debt. no documents to support it and no accounting as to how you arrive at that number, right?


What court is going to award a Plaintiff anything on this? All you have is a witness who can testify that he bought something that was allegedly a debt that was owed by a debtor. That witness cannot testify that the debt is actually owed by the debtor or that debtor even had a contract to pay for these debts.
Now after you have cleared that huedle you need to sue them for trying to collect a debt falsely by not have the correct documentation according to the FDCPA and then wein them from breaking all the rules of civil conduct. This has already happened in other places so it isn't anything I have made up.

A Sworn Denial goes like this, a simple statement.
I deny this is my debt, I deny that it is a valid debt and if it is a valid debt, I deny that this is the correct amount of the debt


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The Fair Debt Collection Practices Act requires that debt collectors treat you fairly and respectfully. This act also strictly prohibits specific methods of debt collection. These unfair debt collection practices include: Star 1

Threats of violence
The use of obscene language
Repeat phone calls meant to annoy and intimidate
Other collection practices prohibited by the Fair Debt Collection Practices Act include false and misleading statements. For example, a debt collector is not allowed to:

Use a false name or title
Misrepresent the amount of the debt collection
Threaten legal action when none is intended
Falsely threaten garnishment of wages, imprisonment, or seizure of property

TO: Whom this may concern or ( Name Of Said Person)
This letter is being sent to you in response to a Law suite that you have brought against me. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(g) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following: a simple accounting of the debt, the name and address of the original creditor, and the original account number. Your anticipated cooperation in this regard is greatly appreciated

Your DV would not be applicable if they have already filed suit. You request for validation would have to be thru the court in the form of Interrogatories, Discovery and Requests for Production of Documents.

Nascar...what if they filed a case, you've not been served...then they call...wouldn't that be considered initial contact with you? Couldn't you then DV them? and keep the green card for court in the event you are served??? Or would it matter?

I thought after initial contact, they are supposed to send info in writing about what they are collecting....and you can DV & C&D them via certified mail? Or am I cornfused???

I haven't gotten the chance to read all of these posts but I am familiar with DL Recovery. I am a lawyer in NYC who has a client who was harassed by them as well. DL Recovery is NOT a law office and has been sued multiple times for violations of state and federal debt collection laws. I suggest that you contact an attorney in your state who specializes in the Fair Debt Collection Practices Act; DL Recovery is breaking many laws and chances are there is no case pending against you; they pose as a law office but have no lawyer on staff.

That if they attempted to break down my door, they better be wearing a bulet proof vest !

Can someone tell me what happend with this Townecraft case? B/c I am in the same shoes.

Hey! I am dealing with the same exact thing. Someone from Townecraft has been calling me and threatening to throw me out of my house and take everything in it. The guy has called me many times with death threats!!! He says he is waiting at my house to kill me and I have had to call the police many times because of this idiot! I have tried many times to send the stuff back but they wont take it. If any one wants to get together to file one big suit let me know...this has already got way out of hand and it needs to be stopped!

I am a consumer protection attorney with a nonprofit in North Carolina, and we have also heard many stories about Townecraft and DL Recovery. Please let me know if any of these events have been in NC. Thanks