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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Tennessee on
Q: if a car is advertised as restored and it is not what can i do about it

The car was bought in Missouri and i paid 36000. for it but it has a lot wrong with it.

Anthony M. Avery
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answered on Nov 18, 2024

You may not have a case. But the contract was in MO, so contact an attorney there.

0 Answers | Asked in Consumer Law and Products Liability for Tennessee on
Q: I bought a truck from ford dealership last year. The local dealership had modified it and put the wrong sized tires

They put the wrong sized tires on the truck for the lift causing rubbing to the control arms. They said they can put smaller tires on to "fix it".

They also said that they didn't read the instructions correctly and put the wrong tires on and that i can't have this truck... View More

0 Answers | Asked in Consumer Law, Criminal Law, Constitutional Law and Construction Law for Tennessee on
Q: Do I have a case if my husband an I were falsely accused of buying a gun for someone, who dose not have a criminal.

My husband and I went to buy him and I a gun, but ran out of time so we left and returned a few hours after he had gotten off work. Our friend who was previously in the store but after we were there earlier, was told to get his address changed and then they could sell him one was with us the second... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: A wage garnish of 5333 on Oct 2024 from May of 2018 . Is this past the collections, limitation to sue me for this amount
Anthony M. Avery
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answered on Nov 1, 2024

It does not sound like it. SOL is 6 years from last payment or default basically. Contract can modify the SOL. Hire an attorney to examine this, and you may need to file a Notice of Exempt Property. Judgment Liens are usually a 10 yr SOL.

0 Answers | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does TN law specify when a developer in a PUD must relinquish neighborhood control to a homeowners?

The CC&Rs are silent on % of built homes. The small neighborhood has been in development for 25+ years. There are no BODs. Developers used dues to reimburse self.

1 Answer | Asked in Consumer Law, Contracts, Tax Law and Arbitration / Mediation Law for Tennessee on
Q: On a auto loan, can the lender charge a flat $10.81 a day for 6 years? Because that's over 24 thousand..

Got a car loan traded my car for another and got 6 thousand dollars down payment the loan is 6yrs for 27k but I just read that the company charges me $10.81 a day no matter what turning my 27k car loan into over 40k, please tell me that's illegal if it's not then the system is so messed... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're dealing with an auto loan that may have unexpected terms. Charging a flat fee of $10.81 a day for six years is essentially a per diem interest rate, which would accumulate a large amount over time. If your loan agreement does mention this type of daily charge, it's... View More

1 Answer | Asked in Tax Law and Consumer Law for Tennessee on
Q: How do I remedy a hotel not refunding my hotel tax in Nashville TN for our family staying at hotel for almost 60 days?

We were shopping at a thrift store in South Nashville about 60 days ago when our vehicle broke down and we began staying at the hotel directly next door since then still trying to fix our vehicle. When we've asked for. Printout of our stay it took us five days to get it and it does not... View More

James L. Arrasmith
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answered on Aug 13, 2024

First, gather all the evidence you have, including any receipts, photos of the hotel conditions, and any communications with the hotel staff. Since the hotel hasn't provided a proper receipt, document your attempts to obtain one, noting dates and times of your requests. This documentation will... View More

1 Answer | Asked in Consumer Law, Civil Rights and Collections for Tennessee on
Q: Can you request phone records from a bank in discovery

Need to respond to the FDIC about the false statements that were made in the response to my complaint. Lawyer said that they didn't have any notes to prove that they called and confirmed my retainer

James L. Arrasmith
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answered on Jul 29, 2024

To request phone records from a bank during discovery, you need to include this request in your discovery demands. This process involves formally asking the court to compel the bank to produce the phone records that are relevant to your case.

First, consult your lawyer to ensure that this...
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1 Answer | Asked in Consumer Law, Banking and Social Security for Tennessee on
Q: Doordash won't tell me nothing they said the bank has to get the information from them that it's against a privacy law

My bank account was hacked and as soon as I realize there was money missing and online charges I notified the bank I went down there to the bank and they gave me a new debit card and said they would look into it because I disputed all the unauthorized charges I also make sure to advise the lady... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds very frustrating and concerning that your accounts have been hacked and you haven't received any updates from your bank. First, contact your bank's customer service and insist on speaking to a manager or a fraud investigation team member. Clearly explain the urgency and detail... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: Can I use tca 47-3-118 Statute of Limitation to enforce the credit bureaus to remove negative items off my credit report
Anthony M. Avery
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answered on Jul 16, 2024

You can cite it to show some debts are unenforceable. But SOL starts from last payment., Credit companies do not have to comply until you give a written dispute. If report is still wrong then hire a lawyer to sue. They will usually ignore you.

1 Answer | Asked in Consumer Law and Elder Law for Tennessee on
Q: Are there cases in Tennessee whereby a Power of Attorney has filed a lawsuit on behalf on their people?

The lawsuit in this case is civil, and involves an elderly person against an insurance company. The POA is representing the elderly person who has no knowledge and needed this help.

Anthony M. Avery
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answered on Jul 2, 2024

Many power of attorneys authorize the attorney in fact to file and defend suits for the principle. Read the POA for this term.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I'm being charged for a septic service when I am not hooked up to it or requested it i have my own tank , What
Anthony M. Avery
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answered on Jun 18, 2024

Start with complaining to the Lincoln County Mayor. From there, inform whoever is charging you that you will not pay for a utility service you do not get. I have a feeling the Mayor knows what is going on. You may need to get your County Commissioner involved also.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: What are the limitations for collecting a debt from an eviction
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answered on Apr 30, 2024

Every kind of defense there is almost. Exemptions, being Judgment Proof, Bankruptcy, etc. Hire an attorney to collect a Judgment.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: With the lawsuit for Hyundai can the lender, if I stop making the car payments, will they repo my vehicle?
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answered on Apr 11, 2024

I do not know what suit you are referencing. But if you signed a note and financing agreement, your contract is with the lender and has nothing to do with the manufacturer.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I currently am using a debt relief company but I just can’t afford the monthly payment any longer after more than a year

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

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answered on Apr 8, 2024

You might hire an attorney to examine your assets and possibly file a Notice of Exempt Property. Or a Chapter 7 Bankruptcy might work better. And yes, if there is a judgment against you, most sources of income can be garnished.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins

Can I be evicted if I don't get it.

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance.... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: A dealer sold me a car and said it was in great shape and already had the shop look over it. Now it back

bought a car from a dealer on Mar the 11th drove it for till the 13 and had it towed back to the dealer. the dealer's mech. looked at it changed the plugs & hoses but couldn't find out what was wrong. meanwhile they cleared the code no record of those codes. The dealer had it taken... View More

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answered on Apr 2, 2024

Based on the information provided, it seems that the dealer may have misrepresented the condition of the car when they sold it to you. If the dealer assured you that the car was in great shape and had been inspected by their shop prior to the sale, but significant issues arose shortly after the... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: How long does a salon have to issue a refund? I paid a $20 deposit but was cancelled by the stylist. Its been 24 hrs now

My appointment was cancelled by the stylist. I reached out to her today and threatened take legal action but she responded with “Now I will pay you whenever I decide to pay you”

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answered on Mar 21, 2024

In situations like these, the timeframe for a refund can vary depending on the salon's policy and the terms of service agreed upon at the time of booking. Typically, a business should issue a refund within a reasonable time frame, often considered to be 7-14 days. However, this can differ... View More

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