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Tennessee Civil Litigation Questions & Answers
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.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: How do I owe Westlake management when my original contract was signed with US auto sales

Do they have to provide that they now own the contract?

Anthony M. Avery
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answered on Oct 30, 2023

If they are the Note Holder then you owe them. There is no requirement of notice of assignment, but usually there is a requirement in the Note or Security Agreement to give the address for payments.

1 Answer | Asked in Probate, Estate Planning and Civil Litigation for Tennessee on
Q: Do you have to probate house and land in Carter County, Tn? When Father dies and 2 sons do not want the property.

If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More

Anthony M. Avery
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answered on Oct 4, 2023

If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Tennessee on
Q: Can an officer testify that he was on the phone w/ someone who OBVIOUSLY was lying & I get convicted? Isn't that hearsay

A woman said that we were reloading suggesting that we were shooting at her and telling the officer on the phone this and he found out that it wasn't true. 10 officers held guns to our heads but had to let us go. Would this not be hearsay? The officer said that the woman was insistent that she... View More

Anthony M. Avery
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answered on Sep 29, 2023

You have to cross examine the LEO when he testifies against you. Does not sound like heresay for all of those facts, but probably some of it is. Without an arrest I doubt enough damages exist for a civil rights suit. Some other lawyer might want to sue, but I would not.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Car was stolen over a month ago by a 15-year-old and recovered by Knox County Sheriff's office, after insurance...

I am left with a $700 bill for repairs and rental car payments over the last 2 weeks since my $600 max rental coverage was exhausted after first 2 weeks. I have emailed receipts of repair and rental costs to the courts for the prosecutor and the last court date was over a week ago. I have not... View More

Anthony M. Avery
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answered on Sep 29, 2023

You will need to hire an attorney to sue the parents for damages. Any Judgment may not be collectable, so study your defendants carefully. Apparently no restitution was ordered, but did you go to Juvenile Court? You should of.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: After a judgement is ordered in Tennessee, how long until the enforcement of that judgement can begin?
Anthony M. Avery
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answered on Sep 29, 2023

Usually 10 days after a Sessions Judgment and 30 days after a Judgment in Circuit or Chancery. Check for Appeals/Motions with the Court Clerk.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Motion to set aside a default judgement or appeal? What is a better option? (Civil)

A default judgement has been entered - but I had a baby mere days before the hearing - and no counsel to request continuance. Default judgement was granted and order was issued. Do I file a motion to set aside judgement or go ahead and appeal?

Anthony M. Avery
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answered on Sep 26, 2023

File the motion to set aside the default judgment. If denied, then appeal.

1 Answer | Asked in Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
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answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: Civli Post Judgement Discovery in Tennessee

The judgment is just against me. I own zero assets, either solo, jointly, or tenants by the entirety. How do I best object/respond to requests for spouse info during post-judgment interrogatories? Invasion of privacy? Same thing with tax return requests? Redact all info but specific to me or refuse... View More

Anthony M. Avery
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answered on Sep 19, 2023

You probably have no grounds to deny their discovery requests. Answer truthfully before a notarty. Then file a Notice of Exempt Property.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: An individual is depriving me of myvehicle and driving it without registered tags

I have title in my name

Anthony M. Avery
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answered on Sep 15, 2023

You may wish to call LEOs and have him arrested for theft of property or unauthorized use/joyriding.

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: What do I do if I'm being sued by my HOA for not paying a penalty I was unaware of.

The penalty is 375 dollars because I did not supply them with a copy of my tenants lease agreement and 200 dollars processing annually. I was not aware of this. I do not remember this being a rule when I lived there. It has been 4 years since I started renting the place and I live 3 hours away.... View More

Anthony M. Avery
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answered on Aug 31, 2023

More than likely there will not be a Court case until the HOA sues against the condo to execute the Lien. Those charges will be converted into a Lien against your property, and will be placed of record. Hire an attorney to search the title, read the Master Deed, etc., and advise you of your... View More

1 Answer | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Tennessee on
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract

They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval

Anthony M. Avery
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answered on Aug 7, 2023

Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or... View More

2 Answers | Asked in Civil Litigation for Tennessee on
Q: If a pedestrian is walking on a roadway, driveway or public parking lot without proper ground markings where moving

vehicles are visible, is it the pedestrian's responsibility to yield to moving vehicles on said roadways, driveways and public parking lots?

T. Augustus Claus
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answered on Jul 27, 2023

In Tennessee, pedestrians are generally required to yield the right-of-way to moving vehicles when walking on roadways, driveways, or public parking lots. It is essential for pedestrians to exercise caution and be aware of their surroundings to avoid potential accidents with vehicles. Both drivers... View More

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