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Tennessee Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation for Tennessee on
Q: My daycare is stating I owe 6,000 due to missed payments. I was set up on auto pay and have a email for proof.

They are stating for some reason there system didn’t deduct the payments. I’m just confused as to how my child was able to go for 6 whole months. Do I have to pay them?

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I want to sue a drug testing lab . The specimen type was nailbed screen and yielded false positive for fentanyl

I have a 2 toxicologist who have also agreed the values that came back were not from me using but somehow second hand . The lab set there cut off at a very low rate and it has made me lose my kids in the process . I don’t take any drugs and am a successful business owner .

Anthony M. Avery
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answered on Feb 21, 2024

That will be a very difficult case of negligence. You will have to have experts to testify and you will have to prove damages. Do not wait past 6 months from the false test to get a lawyer. Start calling now.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Small Claims for Tennessee on
Q: Do I need a lawyer in circuit court appeal of a general sessions judgement.

A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More

Anthony M. Avery
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answered on Feb 19, 2024

It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.

0 Answers | Asked in Contracts, Civil Litigation, Collections and Small Claims for Tennessee on
Q: Rental contract lessor ignoring clause limiting lessee liability in case of nonreturn of equip. - defense vs collection?

Rented a camera and purchased protection plan. Contract states: "Liability for unreturned equipment is only limited when it is impossible for the Lessee to return the equipment to Lessor due to one of the following conditions: . . . Breakage . . ." Had an accident while using camera and... View More

0 Answers | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Tennessee on
Q: The local law enforcement shot and killed my dog when responding to a noise complaint do I have a case against them?

I live in a trailer park and my neighbors called in a noise complaint because me and my wife were arguing because as we were leaving we couldn't find my card. We didn't know a noise complaint had been called, so we were inside our trailer looking for it. While we were looking we had left... View More

0 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for Tennessee on
Q: Cashier at Walmart stole my phone. Accesed my bank and sent himself $50 on Cash app.

Cashier at Walmart stole my phone. Accesed my bank and sent himself $50 on Cash app.

Halfway home I realized I left my phone and called customer service, which is literally 15 ft from the register where my phone was. I was told they weren't going to do anything, come by in the morning.... View More

2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee on
Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: How long do you have in federal court to file sue against the sheriff department the Judge and the attorney general. See

See sometime back I was arrest for disorderly conduct the bad thing about this the cop even knew it was wrong but didn't care so he took me to jail then we went to court the state attorney general was there now on my warrant for disorderly conduct it states that I was standing at the gas... View More

Anthony M. Avery
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answered on Feb 7, 2024

Usually 1 year from date of the arrest. AG and Judge have immunity.

0 Answers | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: What can I do about my roommate intentionally moving my personal belongings outside with no cover or shelter from rain

While gone my now ex best friend threw my cat outside and all my belongings ruining all my case files my electronics my kids baby books things she knew were irreplaceable evidence and keepsakes. And stole my clothes and phone. Everything got rained on and damaged. It was so cold out I couldn't... View More

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I follow through with a writ of possession?

I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 29, 2024

If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Litigation for Tennessee on
Q: In TN, If the "victim" of harassment is a no- show in court and Defendant pleads, "Not-Guilty", would case be dismissed?

In TN ,I was arrested for harassment, (a false accusation). and have yet to seek council. If I enter a plea of "Not-Guilty", and the victim is a no-show in court that day, would the charges against me be dropped and case be dismissed?

Anthony M. Avery
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answered on Jan 29, 2024

Sometimes yes, and sometimes the State gets a continuance to get the witness there. Hire a lawyer to deal with it. You do not want a permanent conviction.

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Tennessee on
Q: What are my rights as a tenant in TN?

Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?

James L. Arrasmith
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answered on Jan 21, 2024

As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.

Firstly, notify your...
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1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: Iam i in trouble

I had customer steak from my store, i posted their Picture and video on facebook. The parent text me and said the will s

James L. Arrasmith
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answered on Dec 24, 2023

Posting a customer's picture and video on Facebook, especially in relation to an accusation of theft, can lead to legal complications. This action raises concerns about privacy, defamation, and potentially other civil rights issues.

If the person depicted in the video or photo is a...
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2 Answers | Asked in Civil Litigation, Civil Rights and Small Claims for Tennessee on
Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?

The person has also made verbal threats to the person they are posting about.

T. Augustus Claus
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answered on Dec 21, 2023

If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a... View More

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: I bought 2 cars from a guy I have titles and keys in hand he passed away how do I get the cars from his property
James L. Arrasmith
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answered on Dec 20, 2023

In your situation, where you have purchased cars and hold the titles and keys, but the cars are on the property of the now-deceased seller, there are specific steps to follow to legally retrieve them.

First, it's important to establish communication with the executor or administrator...
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1 Answer | Asked in Civil Litigation for Tennessee on
Q: My car was stolen from a lot that was holding my car and that lot gave my car to a person that didn't show ID.

Police stated that i could not report the car stolen but the lot had to. The lot is not getting back with me and I need this person out of the car. How should I handle this matter?

Anthony M. Avery
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answered on Dec 15, 2023

Apparently you put your car at the lot? If so, it may have been a bailment, and that is your problem. But if someone else has your car now, then it probably is theft of your property. Report it as stolen. If you know where the car is, and who has it, then you can file an Action To Recover... View More

2 Answers | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: If someone lied about the existence of a will and we found out just now which is12 years later, can we sue due to anyth

We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee

T. Augustus Claus
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answered on Dec 8, 2023

In Tennessee, if you believe someone lied about the existence of a will, potentially depriving you of your rightful inheritance, you may have legal options. If your stepmother intentionally concealed the handwritten will to benefit herself, it could be considered fraud, allowing you to sue for... View More

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2 Answers | Asked in Civil Litigation, Personal Injury and White Collar Crime for Tennessee on
Q: Calling people and telling lies in order to stop or ruin all my personal & business relationships. What can i do?

They have hacked my phone and have access to my contacts. They call my gas stations, bank, everybody. Even my friends from school. It's a crazy amount of funds and effort spent on a nobody like me. What course of action should be taken

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Nov 24, 2023

It is not clear from your question whether you know the names of individuals who have committed and continue to commit these actions. At the same time, you indicated that they make phone calls, respectively, it is possible to identify these persons by their phone numbers. Having determined the... View More

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1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
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answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: What does it mean when the court set a case for dismissal and then sets it for Status Conference.
Anthony M. Avery
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answered on Nov 1, 2023

I doubt that you actually know what happened in Court. Ask your attorney what is going on. Judge may have reconsidered his dismissal and decided to try it in the future.

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