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Tennessee Banking Questions & Answers
1 Answer | Asked in Banking for Tennessee on
Q: I Found Out My Deceased Mother Left Money To Me In Her Bank Account, But I Was Told(By The Bank)I Was Too Late

I Didn't Know ,What Do I Do?

Anthony M. Avery
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Anthony M. Avery
answered on Nov 16, 2022

How was money left for you? If you actually owned the money then sue Bank for Conversion in Sessions Court. You probably have to prove you are sole Next of Kin.

1 Answer | Asked in Banking for Tennessee on
Q: I work for a credit union in TN, how do we determine "next of kin"? And, what happens if there are multiple children?

We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 29, 2022

You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on... Read more »

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Banking, Civil Litigation and Contracts for Tennessee on
Q: 2 month old leased car stolen. Ins. paid bank directly. Bank kept all additional down payment 22K. and deceived me. ???
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 15, 2021

What is your question? Insurance will pay off lender not you, as you are not the owner.

Read your Contract, but it is doubtful that you have any contractual rights for a refund.

Hire an attorney for a consultation after reading your Contract which you agreed to. I doubt Equity...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I bought cashiers checks several years Ago and bank is refusing to accept them. What should I do?

I deposited checks into a different financial institution as the void date is near. I went to the bank and they stated there was nothing they could and referred me to a property claim website. In looking on the site there were no claims attached to my name. In speaking with the treasury department... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 1, 2021

Cashier's Checks are the issuing Bank's own Note. Hire a very competent attorney to sue the Issuing Bank for wrongful dishonor, possible breach of contract, etc. You may have to sue the Bank in its own jurisdiction. Is the Bank still in business? It sounds like it folded and... Read more »

1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
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1 Answer | Asked in Banking for Tennessee on
Q: I currently own my home outright and it’s valued at 1.8 million to 2 million. I’m currently unemployed but need to

Take out some cash to pay off some bills. I have approximately $60,000 in a retirement account another $30,000 in cash. What would be the best avenue to take in my quest? Your thoughts would be greatly appreciated.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 13, 2021

If you put a Deed of Trust against that real property, the lender will foreclose immediately upon any default, not just non payment of the Note. I recommend not borrowing against the home and do not suffer a Judgment against you. The Judgment will be executed against the property.

3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
Read more »

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1 Answer | Asked in Banking for Tennessee on
Q: I have a credit company calling about a supposed unpaid debt from US Bank credit card. What is SOL for Tennessee?

I lived in VA when the alledged credit card was used. They said that the account was paid on until 2008, which I deny, or if it was it was not from me.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 20, 2020

Ten years from your last payment on the debt which is a breach of contract.

1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: Post dated a check for 01OCT lender cashed 16SEP resulted in hardship

I called them to complain about this error and get the money back because they had left 3$ in my bank acc and they said 7 days to get a check... okay whatever 10 days later I called turns out they processed the check. I read TN penal codes and nothing discusses this issue only what the check cashed... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 12, 2020

No.. You gave them a check, and they cashed it at their leisure. This happens all the time, and the payee is not breaking a law by negotiating the paper early. You could try to sue the payee for breach of contract, but it is not advisable.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Adam Savett
Adam Savett
answered on Sep 10, 2020

It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.

You see there are different parts of a loan - origination and servicing.

Loan origination is the process by which a borrower applies for a new loan, and a lender processes that...
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1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills
answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »

Shanone Emmack
Shanone Emmack
answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as... Read more »

2 Answers | Asked in Banking, Identity Theft, Criminal Law and Civil Rights for Tennessee on
Q: My caretaker took $30,000 out of my bank account using my pin number after he his my medication and made me bed ridden.

The bank denied my despute. What can I do?

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jan 5, 2020

I would talk to the police.

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1 Answer | Asked in Criminal Law and Banking for Tennessee on
Q: If you are given someone's debit card freely and it is used several times how do you prove you didn't know it was used?
Cayley Turrin
PREMIUM
Cayley Turrin
answered on Dec 11, 2019

Well first problem is why do you even have someone else's debit card? That is a big issue in this fact situation.

1 Answer | Asked in Banking for Tennessee on
Q: Can I get my car that's paid off exempt from seizure? If I lost my job and defaulted in a cc?

Someone came to my roommates house today and dropped papers off for me and it just so happen to be a civil summons in regards to a c.c bill I defaulted on when I lost my job. I know they can take whatever I own in order to satisfy a judgement but it also says that if I want property exempt from... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 18, 2019

Hire a competent attorney that understands notes and exemptions. Few know how to exempt property, which is what you should do now and in the future for at least 10 years. The attorney should attempt to make the contract debt as painless as possible, then properly exempt your chosen personal... Read more »

1 Answer | Asked in Banking, Contracts and Collections for Tennessee on
Q: If a contract is drawn up that uses aspects of various titles and chapters in TN, is that contract valid if its signed?

Specifically Title 45 chapters 12 and 15 and Title 47 chapter 9 in TN state law. Using, not one set, of complete code guidelines, but pieces of all of them.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 24, 2019

The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

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