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Tennessee Civil Litigation Questions & Answers
0 Answers | Asked in Civil Litigation, Animal / Dog Law and Environmental for Tennessee on
Q: What is the law in davidson co tn is a person has a permit to have a chicken cope and keeps letting them roam free

they have been sited a few times for letting them roam free then got a permit to raise them thru davidson county,,though its against condo association bylaws,

They continue to let them roam the area free and are pooping on porches and tearing up ground areas too.

What can Animal... View More

0 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Tennessee on
Q: My son and his ex girlfriend are pregnant she doesn't want him involved in the child's life

We have not established paternity we will when the baby is delivered. They both have been starting drama and now she is saying she is feeling threatened because my sons friend sent a video saying she would fight her she didn't care. My son also has videos and texts of the ex trying to hit him... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I had a quiet of title action in chancery court on property jointly owned with my aunt. She passed away before ruling
Anthony M. Avery
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answered on May 13, 2024

Your lawyer must substitute the Aunt's heirs as defendants and revive the case quick. If not, you lose the case. It may even require probating her Estate as a creditor. Apparently your lawyer is incompetent.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: how do I file a motion for change of venue in civil court in tennessee?
Anthony M. Avery
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answered on Apr 5, 2024

Hire an attorney to file the Motion upon grounds shown to the Court. That is not a pro se matter.

1 Answer | Asked in Civil Litigation and Small Claims for Tennessee on
Q: If civil case is dismissed in general sessions, what are my options besides an appeal? Can I refile the case later?

My detinue case and was dismissed after arguing motions and before i was able to put my case on. I did not have an attorney. I cannot afford to appeal at this time and attorneys charge a lot more in an appeal. I have 10 days to appeal. Can I refile the case at a later date as long as I am in the... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It depends on whether the case was dismissed "with prejudice" or "without prejudice." If the dismissal was "without prejudice," the claim can be refiled, but if the dismissal was "with prejudice," then an appeal is the sole avenue for relief.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Travel liable

If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More

Anthony M. Avery
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answered on Mar 19, 2024

I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.

1 Answer | Asked in Contracts, Civil Litigation, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Breach of finalized settlement! This 1 case if you fight you will win more then you make yearly! TN Yes I'll contact.

Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

Anthony M. Avery
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answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Q: I am needing case law authorizing police to seize a tool of a crime; i.e., a car from fleeing or a car used in a theft.

Officers watch a shop lifter walk from the store they stole from and towards their vehicle. They are apprehended with said stolen items prior to being at their car; however, believing the car contains other fruits of a crime, they tow it to secure the evidence which would later be searched after a... View More

Anthony M. Avery
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answered on Feb 29, 2024

There are hundreds of search and seizure cases out there, published and nonpublished. This forum would not work. If you have a criminal charge then hire an attorney to move to suppress evidence for an illegal stop/seizure.

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.

2 Answers | Asked in Criminal Law, Federal Crimes and Civil Litigation for Tennessee on
Q: What do I do if my mother in law hid my pistol in Alabama and then kicks me out so I had to move to Mississippi

My pistol is registered to me and now she said she can't find it and she never wants to see me again

James L. Arrasmith
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answered on Feb 25, 2024

Firstly, it's important to remain calm and assess the situation carefully. If your pistol is registered to you and legally owned, its disappearance may constitute theft or unlawful possession. Contact local law enforcement authorities in both Alabama and Mississippi to report the incident and... View More

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1 Answer | 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

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're feeling heartbroken and outraged by the actions of the local law enforcement in this tragic incident involving your beloved dog. Whether or not you have a case against them would depend on various factors, including the specific laws and regulations in your... 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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2 Answers | 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

James L. Arrasmith
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answered on Feb 23, 2024

In federal court, the deadline to file a lawsuit against the sheriff department, the judge, and the attorney general would typically depend on the statute of limitations for the particular claims you wish to bring. Statutes of limitations vary depending on the nature of the claim and the... View More

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1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... 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.

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