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Tennessee Small Claims Questions & Answers
0 Answers | Asked in Small Claims for Tennessee on
Q: On Feb 22. an uninsured driver hit my jeep. I am uninjured but would like to sue for pain/loss of value for my jeep.

I am not injured. I would like to sue for loss of value for my jeep, the day that I missed work and the overall stress of him hitting me in a new car with no insurance. He attempted to flee but was unable due to his car being physically hooked to my jeep. He demanded I settle with him before the... 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
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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.

0 Answers | Asked in Contracts, Civil Litigation, Collections and Small Claims for Tennessee on
Q: Rental contract lessor ignoring clause limiting lessee liability in case of nonreturn of equip. - defense vs collection?

Rented a camera and purchased protection plan. Contract states: "Liability for unreturned equipment is only limited when it is impossible for the Lessee to return the equipment to Lessor due to one of the following conditions: . . . Breakage . . ." Had an accident while using camera and... View More

0 Answers | Asked in Consumer Law, Criminal Law and Small Claims for Tennessee on
Q: Cashier at Walmart stole my phone. Accesed my bank and sent himself $50 on Cash app.

Halfway home I realized I left my phone and called customer service, which is literally 15 ft from the register where my phone was. I was told they weren't going to do anything, come by in the morning. Had they gone and grabbed my phone, nothing else would have happened. Now I'm out of a... View More

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.

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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
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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
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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 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
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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
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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
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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
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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
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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.

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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
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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
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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

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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
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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
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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.

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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
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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.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Tennessee on
Q: I live in Tennessee. I want to file a small claims action against Samsung Electronics USA. Not sure where to file.

Samsung's headquarters is in New Jersey. Do I file in Tennessee or New Jersey?

Anthony M. Avery
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answered on Apr 28, 2023

In Personam Jurisdiction varies greatly. If there is a contract, it might have a jurisdiction term, or you might be able to sue in the County where it was formed. With a tort, where the injury occurred. Almost always you can sue in the defendant's home place. Depending on the case, you... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

1 Answer | Asked in Small Claims for Tennessee on
Q: I have a question about and affidavit of debt i received with a court summons

It's for a debt collection for a rental property we have to leave. It's the amount for the remainder of the contract.

Anthony M. Avery
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answered on Apr 11, 2023

Apparently you signed a lease contract and losing possession. You are being sued in General Sessions for the rent monies under a sworn account. If you dispute the amount, you will need to file a written and sworn denial with the Court. If you do not contest it, a judgment for rent, costs and... View More

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