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Tennessee Contracts Questions & Answers
1 Answer | Asked in Business Formation, Contracts and Employment Law for Tennessee on
Q: Can a non-compete be voided due to an employer breach in bail bonding?

I'm an employee in the bail bonding industry, and I'm considering starting my own business. However, I am bound by a non-compete agreement with my current employer, which restricts me for 2 years. I'm concerned about how it may affect my plans. Additionally, can the non-compete be... View More

Anthony M. Avery
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answered on Mar 11, 2025

Probably not as a breach of one term of a contract rarely vitiates the entire contract. If you go into business, expect to be sued and defend yourself.

0 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: Need lawyer for LLC contracts and equity arrangements.

I am seeking a lawyer to assist with contracts and legal opinions for my LLC, particularly concerning equity arrangements until we secure an investor or launch our exclusive coffee club this September. We are almost out of cash but offer dividend-paying equity until then. We will continue to use... View More

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 Contracts and Real Estate Law for Tennessee on
Q: Can I charge storage fee or sell unclaimed roll-off dumpster?

I have a roll-off dumpster that a lien holder was supposed to pick up on November 24, but they never showed up. I have contacted them multiple times, and they keep saying they are coming to retrieve it but haven't done so. How long do they have to retrieve their property? Am I allowed to... View More

1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: How long is a contractor liable for faulty roofing in TN?

I had roofing work subcontracted with a one-year warranty, which was completed in August 2023. I've noticed a leak issue in January 2025. How long after the job is completed can the contractor be held liable for faulty installation in this scenario?

Anthony M. Avery
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answered on Mar 7, 2025

It sounds like you contractually agreed to a 1 year SOL. Otherwise damage to property has a 3 year SOL. You are going to have alot of problems suing a subcontractor in any event, but you might look at General Sessions Court. Determining the defendant may be difficult. Try to hire an attorney.

1 Answer | Asked in Bankruptcy, Contracts and Consumer Law for Tennessee on
Q: How to get out of a vehicle lease after company bankruptcy in TN?

I originally leased a car from a company that went bankrupt. The new company that took over my lease canceled my damage and loss waiver without my consent, but I am still under contract with them. I received an email notifying me about this cancellation. How can I get out of this vehicle lease?

James L. Arrasmith
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answered on Mar 8, 2025

Since the company that originally leased you the vehicle has declared bankruptcy, and the new company has changed the terms without your consent, you have legitimate concerns. First, carefully review the original lease agreement to understand what terms govern transfers or changes by subsequent... View More

2 Answers | Asked in Business Law, Contracts and Collections for Tennessee on
Q: Am I personally liable under a net terms agreement for my gift shop?

I have a gift shop and signed an application for net terms purchases. The agreement states that all credit accounts are due per each invoice's terms, penalties for late payments, and that any delinquency will involve costs of collection, including attorney fees. It also mentions the laws of... View More

Anthony M. Avery
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answered on Mar 3, 2025

If you signed it, you are probably personally liable. Hire a TN attorney to examine your contract and especially represent you on the suit.

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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.

1 Answer | Asked in Real Estate Law, Collections and Contracts for Tennessee on
Q: Is lien allowed and am I still obligated to pay after home sale?

I recently sold my home and found out there was a lien on the property from a creditor with whom I have a structured settlement. I was not informed of this lien by the creditor or my debt relief company, and discovered it at closing. No advice was given, and the settlement amount was $10,580. So... View More

Anthony M. Avery
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answered on Feb 23, 2025

You should get the debt relief agency to do their job, which is actually practicing law without a license. So I am not surprised at this result as you made a mistake going to them. If there is a lien, then a judgment must have been entered. Look at the judgment, compute the amount with legal... View More

0 Answers | Asked in Real Estate Law and Contracts for Tennessee on
Q: Cancellation options for recently signed TN real estate contract with inspection contingency.

I signed a real estate contract in Tennessee two days ago, which includes a contingency clause for cancellation based on inspection results. The inspection is scheduled to occur in three business days. I'm concerned about potential issues that might arise from the inspection and would like to... View More

1 Answer | Asked in Contracts, Business Law and Collections for Tennessee on
Q: What legal action can I take for overdue payment as an independent contractor in TN?

I am working as an independent contractor for a company that is two weeks overdue on paying my latest invoice. The payment terms we agreed upon are net 10, and I have this in writing. I contacted the company both by phone and email, and they stated that their payment system has been down for 15... View More

Frank J. Steiner
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answered on Feb 18, 2025

Have an Attorney write a letter on your behalf. When companies miss payments, take it serious. I have a commercial dispute now that rose from missed payments.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: How to find a 20-year-old private golf course sale contract?

I'm a member of a semi-private golf course that was sold in a private sale roughly 20 years ago to an individual named Cecil Gilland, with certain stipulations he had to follow. I wasn't involved in the sale, but I want to know if he has violated the contract. However, it seems no one has... View More

Anthony M. Avery
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answered on Feb 15, 2025

Outside of asking the sellers to the Gilland grantee, hire an attorney to search the title. Most enforceable restrictions should be covenants running with the land that are of record.

2 Answers | Asked in Contracts and Family Law for Tennessee on
Q: Do I need a lawyer to draft my will or can I do it?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 10, 2025

You take a considerable amount of risk by drafting your will without legal help. If you are going to go to the effort you want the will to be valid and to distribute assets the way you and the law allows. I would at the very least, consult a lawyer with your draft.

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2 Answers | Asked in Bankruptcy, Contracts, Civil Rights and Collections for Tennessee on
Q: Got subpoenaed for a civil case from a debt collector who purchased the debt / child support might be involved also ???

The original collect was an credit card/loan from 2022 but they charged it off and now it’s a new collector and I just got subpoenaed couple days ago and it’s kinda weird because it’s demands are similar to the child support system requirements in dealing with also and it’s the same court... View More

Keith Edmiston
Keith Edmiston
answered on Feb 9, 2025

Bankruptcy is certainly an option. Judgments are just as dischargeable as other debts, but sometimes its better to filea bankruptcy before the hearing, simply because a judgment can be recorded and operate as a lien on your property, real estate or personal property. Child support can be dealt... View More

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1 Answer | Asked in Contracts and Family Law for Tennessee on
Q: can I type a will in Tenessee

Or can it only be handwritten

Can the will laws and articles be typed with the signatures and witness sign by hand?

Anthony M. Avery
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answered on Feb 10, 2025

Most wills are typed then executed in ink. Only holographic wills need to be handwritten. But hire a lawyer to draft it and handle the execution (which is critical).

2 Answers | Asked in Contracts, Civil Litigation and Land Use & Zoning for Tennessee on
Q: When I bought my house the previous owner put in a common driveway.

I was in the process of putting my own driveway in but before I finished he blocked the common driveway. This caused me to get a truckload of stone that day so I would have a way out of my property. Doing this caused the work we did do on the driveway to be damaged by the stone truck because it... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 2, 2025

Go to the Register of Deeds in your county and gather all ownership information on those properties. File suit in either General Sessions or Circuit Court.

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1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Can I still return hearing aids within 30 days as in the law if I had previously purchased from a different company?

I have had hearing aids for a couple years. This month I bought new ones from a different company. They say I can't return them because I previously purchased the older ones, even tho it was a different company.

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2025

A Tennessee attorney could advise best, but your question remains open for three weeks. Until you're able to consult with local attorneys, one possibility is that the return policy is based on health reasons. If you reached out to consumer agencies or public health & hygiene agencies in... View More

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: My husband's office requires a POA document to communicate with entities such as insurance and payroll on his behalf. Co

My husband's office requires a POA document to communicate with entities such as insurance and payroll on his behalf. Could you please advise? I have prepared a draft and would appreciate it if you could review it to confirm if it's acceptable. If any changes are needed, please let me... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 21, 2025

Our office or many law offices would be available to review your draft POA. It should be notarized. You should consider other documents such as a POA for health care decisions if you are going to be looking at things like insurance. You may want to look into this as well.

1 Answer | Asked in Contracts for Tennessee on
Q: Hello. I am from India. My client had breached the service agreement [he is in florida]and poached my key resource. That

Can i file a case against my client based on breach of agreement

Anthony M. Avery
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answered on Jan 17, 2025

You need to talk to an attorney about the specific facts of what you claim is a breach of contract. It may also be a business tort. You need to ascertain provable damages. Your SOL may be 6 years, or shorter in the contract. Carefully check out your defendant for his service address and... View More

1 Answer | Asked in Contracts for Tennessee on
Q: My vehicle title was filled out in pencil, and I traced everything that was written with a pen.

My county clerk noticed and made me sign an affidavit stating that I corrected this, and the seller had made a minor mistake when writing my final sales price, the legitimate sales price was $260 higher so I corrected that as well and added the 260 to the price. I had absolutely no fraudulent... View More

Anthony M. Avery
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answered on Jan 15, 2025

Probably no problem, but be more careful in buying your next vehicle.

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