It was a buy here pay here place and they want to take the car immediately and sell at auction and do not want to wait until we file Small estate to be executor. He is current on payments and a payment was just taken out of his account for this months payment after he passed. We just wanted to... Read more »
If you have th Title in the Deceased's name (subject to the debt lien), then his Next-Of-Kin own it. Without the Title though there is little to argue as you have no standing. Possibly with the Small Estate Affidavit, the Administrator might sue for Breach of Contract on behalf of the...Read more »
I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.
Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.
The company has violated the TCPA on multiple occasions by sending me solicitous texts even though I'm on the do not call registry. They originally replied that I opted in, but the date they claimed I did that is actually after the violations occurred. When I pointed this out, they said they... Read more »
You will need an attorney and it should be filed in Circuit Court. GS would be quick, but it does not look like you know what you are doing, and you would ultimately try it again upstairs. Service through the Secretary of State will be a chore itself.
I do not understand your question. But it sounds like the Next of Kin are trying to recover a Decedent's monies. You probably need an attorney to draft, execute and record an Affidavit of Heirship. Then use a copy of the Affidavit to support your Claim Form, for the benefit of those listed...Read more »
You may want to consult with an attorney. You could also consider filing a small claims court action to get your money back. If your fiancée made a promise to you and failed to follow that, this could be a breach of oral contract. Good luck.
dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »
There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.
I have a judgement by default from 2016 for 25k @5.5% . The debtor was a business owner who took money/property from multiple people before taking everything of value from the business and ran away. I did get a wage garnishment for a couple years, only because of a rumor and some luck until he was... Read more »
If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most...Read more »
It's a business. Closed or not, you can sue them where the contract was entered into, where the product was to be delivered, or any particular county where they have a principal place of business, or where the contract specifies. If they are out of business, you may be able to obtain a...Read more »
I had to default on a couple note loans that I received in the mail, and a couple personal loans because of financial hardship. I am a veteran and was attending school, but failed my last semester and had to repay the VA money. I lost my main source of income from the GI bill. It's been 5-6... Read more »
You can exempt personal property up to $ 10K, then tools of the trade a few other things such part of a Retirement Plan. If you get sued, you must notify the Plaintiff and the Court of your Notice of Exemption. The Judgment Creditor can continuously monitor your property ownership while the...Read more »
The Judgment is for Possession, not for money against you. So I would not worry about it too much. I suggest calling the Sheriff of the County that issued the Writ and inform him of the location of the car and key, if you do not wish to take the car to her home. You do not want to be accused...Read more »
A Tennessee attorney could offer the best answer here, but your post remains open for two weeks. This doesn't really look like elder abuse; that's something more along the lines of a person in a position of trust taking advantage of an elderly person. Without more details, it's...Read more »
I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income... Read more »
Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if...Read more »
If you gave it away it would no longer be yours to re-possess unless you have a written contract that would permit you to do so. For example, some animal shelters make the person adopting sign a contract that contains a clause stating that abuse or neglect of the animal would be grounds to take the...Read more »
I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want...Read more »
No abandonment involved. You are jointly and severally liable for the full Note amount. The cops advice has no relevance to a possible distribution of marital property. Divorce may be an alternative, but it will not pay the note, insurance and taxes. Decide if you want house, then go from...Read more »
I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.
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