Ask a Question

Get free answers to your Small Claims legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Small Claims Questions & Answers
0 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: Homeowner ignores steps the contractor laid out for addressing issues that arose after warranty ended.

A previous client contacted us six months after their warranty ran out w/ us over concerns w/ a tile project. We advised them to have a contractor of their choice come out and re-grout the tile & to address other issues that we could not give advice over email since we were unable to look at it... 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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Contracts and Small Claims for Tennessee on
Q: What can I do if someone owes me 500 dollars and they told me that they would pay me through an email but now refuse to?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Defendant can claim the Statute of Frauds unless there is a writing, even a cashed check. General Sessions suit will cost about a third of your prospective judgment. If you get a judgment by default including costs, you will still have to work to collect it.

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?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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 Small Claims for Tennessee on
Q: Is an iPhone bought for someone considered a gift? If I don’t return it, is it theft?

While in a less than 2 month relationship with a man, he bought me an iPhone 15 Pro Max. He wanted to rush the relationship more quickly than I was comfortable with, so it abruptly ended. The iPhone was a gift and he’s since suspended service. He is threatening legal action if I do not return it.... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2024

In Tennessee, as in many jurisdictions, an item given as a gift is typically considered the property of the recipient. For an item to be recognized as a gift, it must meet certain criteria: there must be an intention to give the item as a gift, delivery of the item to the recipient, and acceptance... View More

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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.

View More Answers

1 Answer | Asked in Civil Rights, Libel & Slander and Small Claims for Tennessee on
Q: If someone threatens or says they can obtain private information from the FBI about me, could I press charges on them.

I was at their house and she told me she could obtain private information on me. It was verbally said. I was not the only one who heard this as well. I have 2 other witnesses.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

If someone threatens to obtain private information about you from the FBI, this situation raises concerns, but whether you can press charges depends on the specifics of the incident. In general, making a threat to obtain and possibly use private information can be seen as intimidating or harassing... View More

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: My loan company paid the wrong company. Now they tell me to collect from them- instead of them

I placed an order with Fabtools.shop but affirm paid Sport Haley LLC.

affirm will not return my $284.60. Tried for weeks now with letters filing complaints but they keep telling me to collect from Sport Haley LLC. How could I do that ? I never heard of Sport Haley LLC until I saw their... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

Affirm's actions may be considered a violation of Tennessee's Consumer Protection Act, and you can file a complaint with the Federal Trade Commission (FTC) for further investigation. If the amount in dispute is below the small claims court limit in Tennessee, you could file a lawsuit... View More

1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: Am I entitled to a share of land inheritance that I paid a loan on 25 years ago, that was taken from me secretly in TN.

I need the statute of limitations on land stolen in Tennessee.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2023

SOL is usually 7 years. It does not sound like you had any claim to title unless you were an heir at law. If so, then you might be a tenant in common. Making a loan does not make you an owner.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: In TN, can a property owner request copies of workman's Comp certificate, auto insurance, and liability coverage?

I want work to stop until I have proof.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

You do not have a right to see those documents. But you can demand them now. If you terminate the contract you may be sued. Those are issues you address before signing the contract.

2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

Contract actions usually exclude consequential damages. Tort claims might include such damages. No

small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

2 Answers | Asked in Small Claims, Gov & Administrative Law and Municipal Law for Tennessee on
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?

They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your... View More

View More Answers

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Tennessee on
Q: I was staying with my daughter from March 20 to may 11 and she called police said she didn't want me back in house and

Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2023

What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.

If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.

2 Answers | Asked in Employment Law and Small Claims for Tennessee on
Q: Hello my name is Kelly Randall the company that hired me has refused to pay me for over two months now what do I do?

National Global llc hired me as a personal assistant for Amazingly 1 me hair salon, the employer there was abusing my kindness and demanded more then I was hired for etc when I spoke to the manager at NG llc that interviewed me he then spoke to the woman and days after I was fired and promised my... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2023

You will need an attorney to sue for breach of contract, etc. Serving the defendant is required and you will have to put on proof. You could file in General Sessions yourself, but I recommend an attorney.

View More Answers

1 Answer | Asked in Small Claims for Tennessee on
Q: I am a contractor who filed a suit against a former client. The judge did not hear the case, but ruled in my favor.

Case has been moved to a different court. How can I, a) move things faster b) get a bank garnishment

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

If it is moved to another Court, then it sounds like you did not receive a money Judgment. If you have a Judgment, then record a certified copy in the Register's Office. Then hire an attorney to begin collections, unless you can get the Clerk to issue a bank levy now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.