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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: Bonded daughter missed court date; bondsman threatening arrest. What are my rights?

I bonded my daughter out of jail in Tennessee by signing her bond, but she did not appear in court as scheduled. Now, the bondsman cannot find her and is threatening to arrest me. I have not had any contact with my daughter since she missed her court date. What legal rights do I have, and what... View More

Anthony M. Avery
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answered on Mar 24, 2025

I doubt there is any reason to arrest you, but apparently you are the surety on the Bond. So he is going to get the entire bail amount from you. You might want to look for the Daughter and have her picked up by the Bondsman.

1 Answer | Asked in Car Accidents and Civil Litigation for Tennessee on
Q: How long for settlement response in TN tractor-trailer vs. car case?

I'm involved in a tractor trailer vs. car accident case. My lawyer sent a settlement letter to the defendant's lawyer two months ago. It took 2.5 years to gather all my medical records, and there have been no initial responses from the defendant's lawyer. There were no deadlines set... View More

Anthony M. Avery
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answered on Mar 24, 2025

That is not an unusually long time for a personal injury case that is not strict liability. Talk to your lawyer. If you try to get another lawyer, the first one will probably have an attorney's lien. You may have top try it.

0 Answers | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: Can lender install tracking device/kill switch without knowledge?

Can a private lender install a tracking device or a kill switch on my vehicle without my knowledge? There was no written contract or lease agreement. I was informed only after my car was turned off by the lender using such a device.

0 Answers | Asked in Consumer Law, Civil Litigation and Insurance Bad Faith for Tennessee on
Q: Legal action against Santander for false credit reporting and unjust late fees?

My wife and I have been dealing with Santander Consumer for our auto loan for over five years. Although our payment due date is the 23rd of each month, we always make our payments early using funds deposited on the 3rd. Despite this, Santander has falsely reported late payments and charged unjust... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: How to recover my vehicle from a family member's property in TN?

I have a vehicle with a signed title transferred to me from a late family member. The vehicle is currently on another family member's property. This family member refuses to allow me access to retrieve the car because he's upset it wasn't given to him. We attempted to collect the... View More

Anthony M. Avery
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answered on Mar 17, 2025

File an Action To Recover Personal Property with General Sessions Court. You must pay filing fees and possibly a bond. LEOs go with you.

0 Answers | Asked in Child Custody, Civil Litigation and Domestic Violence for Tennessee on
Q: How to get emergency custody of son due to mother's indictment and neglect?

Is there a way for me to obtain emergency custody of my son before 6:00 p.m. today? We currently have a court order stating that we alternate custody every other week. His mother, who was indicted for sexual assault by an authority figure and has not yet been charged, neglects her children, as... View More

1 Answer | Asked in Child Custody, Child Support and Civil Litigation for Tennessee on
Q: How can I include the father's income in child support calculations in Tennessee?

My child's father's mother has full custody of our daughter. I currently pay child support based solely on my income, not the father's. The father's support was reduced without my presence in court, based on a verbal communication from him. He is employed at a halfway house... View More

Anthony M. Avery
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answered on Mar 16, 2025

File a motion to modify your child support with the Court that ordered you to pay.

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for Tennessee on
Q: What are my rights if my co-owned property and personal belongings are being sold without permission?

I co-own a house with my late father and have the deed as proof of ownership. Since my father's passing four years ago, the house has been empty. My stepmother, without communicating with me, has sold and given away my personal property from the house. Additionally, I've been paying the... View More

Anthony M. Avery
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answered on Mar 14, 2025

You do not state the exact estate that you now own in the property. However hire an attorney to search the title and determine present ownership, and decide if a Partition Action is needed. As to your personal property, you might sue stepmother for conversion in General Sessions Court.

2 Answers | Asked in Gov & Administrative Law, Family Law and Civil Litigation for Tennessee on
Q: Can DHS restrict me from my granddaughter over alleged drug test failure?

DHS recently conducted a drug screen, and I was informed that I failed it due to suspected meth usage. At the time of the test, I was ill and taking cough syrup, which they were aware of. As a result, I was told I couldn't be around my granddaughter. I never received written results, and... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 12, 2025

Yes.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: How can I retrieve my ESA dog from my ex in TN?

I am trying to retrieve my emotional support animal (ESA) dog from my ex, who has had her for the past two months. I have the dog's vet information in my name, and she is registered as my ESA. I also have text messages from my mother-in-law indicating they wouldn't keep the dog from me,... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Mar 10, 2025

Have the attorney that you hired file a Motion with the court.

0 Answers | Asked in Child Custody, Civil Litigation and Education Law for Tennessee on
Q: How can I regain custody of my son taken due to truancy?

I'm seeking advice on how to address the situation with my son, who was taken from my care just before he turned 17 due to truancy issues related to bullying and mental health challenges. The court's decision didn't fully consider his struggles with anxiety and bullying, and I'm... View More

0 Answers | Asked in Domestic Violence and Civil Litigation for Tennessee on
Q: How to drop an ex parte order before being served?

How can I get an ex parte order of protection dropped before I am served? My wife and I have reconciled, and she intends to drop it. There is a court date scheduled for March 26, 2025, but I have not yet been served any papers. What steps should I take, and does my wife need to do anything specific... View More

0 Answers | Asked in Consumer Law, Internet Law and Civil Litigation for Tennessee on
Q: Account hacked on StubHub, lost $16k worth of tickets, need legal steps.

My StubHub account was hacked, and valuable tickets I was selling—potentially worth $16,000—are now gone. I reported the incident to StubHub on March 3, 2025, and they informed me that they would investigate the issue but it could take weeks. The game is in 2 days, and I am at risk of losing... View More

2 Answers | Asked in Constitutional Law, Civil Litigation and Criminal Law for Tennessee on
Q: Concerns about checks and balances in the legal system.

I am concerned that the roles of defense attorney, prosecutor, and judge, with their primary duty being to the court, might result in a conspiracy against the defendant. I believe there are no checks and balances in place to prevent this. How is fairness ensured in such a system?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2025

In the courtroom, it's an adversarial system, meaning that the prosecution's aim is to prove a case, and the defense's aim is to establish doubt upon those efforts. Fairness is supposed to be maintained by each side following procedural and evidentiary rules and diligently working to... View More

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2 Answers | Asked in Banking, Consumer Law and Civil Litigation for Tennessee on
Q: Is a notarized satisfied lien legally binding if creditor demands payment later?

I had a boat loan which was fully settled, as confirmed by a signed and notarized document from the creditor stating that all obligations were met. Afterward, I attempted multiple times, through phone calls and a visit to their branch 70 miles away, to pay them, but was always told the case was... View More

Anthony M. Avery
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answered on Mar 3, 2025

If you get sued, use the satisfaction in Court. Make a written dispute with the credit agencies, citing the satisfaction.

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1 Answer | Asked in Civil Litigation and Legal Malpractice for Tennessee on
Q: Is it illegal or unethical for a lawyer to edit evidence?

I'm concerned about a situation in Jamestown, TN, where a plaintiff's lawyer may have edited a defendant's email and attached it as supporting evidence in a contempt of court order. This has not yet been brought to the judge's attention. The defendants were charged with contempt... View More

Anthony M. Avery
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answered on Mar 1, 2025

It would be unethical, and probably a felony, to tamper with evidence. However the defendants should be able to produce the original email prior to tampering. Their lawyer needs to get in gear on this and let the Judge decide what he wants to do about it.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: How can I legally retrieve my car from an upholstery shop in Tennessee?

I took my car to an upholstery shop, and they have had it for about three years. They have offered multiple excuses for not returning my car, such as a dumpster blocking the door. I have all my receipts and have called several times a week to retrieve it. I owe no money to the shop. What legal... View More

Anthony M. Avery
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answered on Feb 28, 2025

Hire a competent attorney to file an Action To Recover Personal Property in General Sessions. Suing and serving the correct defendant will be critical, and you might have to make a bond besides court costs.

0 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Tennessee on
Q: Legal grounds against tow company demanding $3,000 to access stolen vehicle.

I am dealing with a situation involving my deceased son's truck. The vehicle was stolen, wrecked, and subsequently towed while I was out of town. The highway patrol has released the vehicle, and the sheriff's department has a stolen vehicle report, yet the tow company is demanding $3,000... View More

2 Answers | Asked in Domestic Violence, Family Law and Civil Litigation for Tennessee on
Q: What to do if wife lies to get order of protection against me in TN?

I'm facing a situation where my wife lied to obtain an order of protection against me. Currently, I have not been formally served any legal papers, but the sheriff's department informed me to leave the house. I have moved in with my mother and can only maintain contact with my kids via... View More

Anthony M. Avery
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answered on Feb 28, 2025

Hire an attorney to represent you. It is a civil matter, and it is easier to go to jail than if you had been criminally charged. Petitions for OPs are notorious for lies, but usually all you can do is cross examine the petitioner.

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0 Answers | Asked in Civil Rights, Identity Theft, Criminal Law and Civil Litigation for Tennessee on
Q: Victim of human trafficking facing legal record issues seeks guidance on charges and expungement in Tennessee.

I am a victim of human trafficking and trying to clear my background report under Section 605C of the FCRA. Checkr refused to accept the required documentation to block information before my prospective employer sees it. I have two prostitution charges, felony shoplifting, and a felony false report... View More

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