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Tenn. Code Ann. § 62-20-105

License requirement

Known as the Tennessee Collection Service Act

The act spans §§ 62-20-101 to 62-20-124 (24 sections).

Applied in 5 court decisions — leading case 894 F. Supp. 2d 1045 - Smith v. LVNV Funding, LLC. (2012)

Most recently applied in 2 F. Supp. 3d 1089 - Smith v. LVNV Funding, LLC (March 2014)

Acts 1981, ch. 170, § 5; 1988, ch. 823, § 6; 1990, ch. 1026, § 10; 2014, ch. 996, § 4.

How often courts cite this section

2012201420
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No person shall commence, conduct or operate any collection service business in this state unless the person holds a valid collection service license issued by the board under this chapter or prior state law.

(2) Regular employees of licensed collection services need not procure a separate collection service license.

(3) A licensed collection service maintaining more than one (1) place of business within the state shall register each place of business with reference to its specific location, name and purpose upon application for license and upon subsequent renewals of the license. The fees for each location for registration and renewal shall be established by the board.

(4) Nothing in this chapter shall be construed to impair or impede the obligation of any contract, delinquent account, bills or other forms of indebtedness, nor prevent or deny any person the right to purchase, sell, assign, or take by assignment any obligation.

(5) Notwithstanding subsection (a), no debt or obligation that has been collected by a voluntary payment or by a final judgment of any court may be set aside or challenged based on the lack of a license.

(6) Any person who is alleged to have violated subsection (a) in the collection of a delinquent account, bill or other form of indebtedness: May cure the default at any time, even after collection may have started, by filing an application for a license with the collection services board as provided in this chapter, and the board may not use a prior collection effort in violation of this section or § 62-20-124 as a basis or consideration for the denial of a license; and

(7) May be subject to sanction by the collection service board, but may not be subject to other civil action or defense based on such alleged violation.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.