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Tennessee Small Claims Questions & Answers
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.

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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

1 Answer | Asked in Small Claims for Tennessee on
Q: If I sue in small claims court in TN & the debt is past 30 days then you can sue for 2x the amount? Someone stated u can

I leant money to a friend who hasn’t repaid the debt. They are 45 days past due. Someone stated that if I take them to small claims court then I can sue for double the amount. Is this true? If so, do you know the statue?

Anthony M. Avery
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answered on Apr 5, 2023

No it is not the law. If you file suit in General Sessions, what evidence do you have of a loan? Most importantly, how do you expect to collect? You might want to hire an attorney if the loan amount is significant. A lawyer will almost be a necessity to collect sometime during the 10 year... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: If a towing co volatiles TCA 55.16.112 & 55.16.103 towing a vehicle parked less than 48hr how do I get my vehicle

I parked my 04 Dodge Durango which is insuranced & tagged in the state of Tennessee, in the parking lot of the dollar general store, I went in bought some stuff & when I started to leave my Durango had broken down, I asked the store manager Miss Sheaffer if I could leave it until the next... View More

Anthony M. Avery
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answered on Feb 20, 2023

You might file an Action To Recover Personal Property in General Sessions. Defendant may sue and/or defend on their fees. But at least you will get it going, but you may have to tow it away again if not fixed. Sessions has some equity jurisdiction, so a lawyer would be helpful.

1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: If a man puts a letter in our mailbox and he is not a resident of our household, is that breaking the law?

I was in a car accident, and we were sent a bill through an insurance company. (We are yet to pay it) After, about 3-4 weeks later, he sent a personal letter with his phone number and a separate bill for the part he needed. It is hand written. We are not sure what to do.

As stated before,... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is not necessarily illegal for someone to put a letter in your mailbox if they are not a resident of your household, as long as they do not tamper with your mail or use it for fraudulent purposes. However, it is generally not recommended to do so without permission from the homeowner.... View More

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
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answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: ex-boyfriend paid half my plane ticket. Can he send a lawyer after me when I refuse to send him his half after break up
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answered on Jan 9, 2023

Maybe. But he will have to file suit and serve you. At Court you might dispute the Debt, especially under the Statute of Frauds if enough money is involved. Even after Judgment, he may not be able to collect.

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... View More

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1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: I am a licensed master plumber in Tennessee. I had a customer who refused to pay a bill for 2200.00. Is that theft of s

Service, and if so is it felony?

Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 2, 2023

Where a contract is allegedly broken, the civil courts typically handle those matters.

1 Answer | Asked in Health Care Law and Small Claims for Tennessee on
Q: In Tennessee can a dentist office bill me for services performed over two years ago?

I visited this dentist over two years ago and they apparently made a billing error with the change over to a new system. I never received a bill. I had been seeing a different dentist and I recently decided to go back to this office. I made an appointment and was informed of a $250 balance. I... View More

Anthony M. Avery
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answered on Oct 17, 2022

SOL has not run on that services charge yet. You might compute your balance and then call them offering payment of the same. Do not send a check, but use a money order. Otherwise they will know where to collect a judgment.

2 Answers | Asked in Personal Injury and Small Claims for Tennessee on
Q: I tripped over, and cut my toe open at a college campus.

I was delivering an order to my local college campus in TN and while trying to find the apartment number, in the middle of the walkway, I tripped. It looked like maybe 2 poles used to block vehicles from entering that specific path, but they were cut down to maybe 4 inches high. They were rusty,... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 23, 2022

I would suggest you take pictures of your injury as well as the location. If you are needing medical treatment - I would report this to the school and its insurer. They may provide / pay for your medical care. If you are considering a legal route-- you should contact an attorney.

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1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... View More

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: How often can a debtor be subpoenaed for post judgement discovery in Tennessee
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answered on Sep 6, 2022

There is not limit during the life of the Judgment. You might move to quash for abusive filings, but it will probably be denied.

1 Answer | Asked in Small Claims for Tennessee on
Q: Hi! We are suing a fence builder in Tennessee for an inferior product. Can we sue for more than we paid for the work?

Hi!

We are suing a fence builder in Tennessee for an inferior product. We paid to have 10 foot galvanized steel poles used on the fence. They were put in November 2021 and by May 2022 they were failing with peeling, cracking and rusting on the steel poles underneath. There is no way to... View More

Anthony M. Avery
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answered on Aug 22, 2022

You will probably be limited to the Contract price unless it allows consequential damages, which is not likely. It will be difficult enough to prove defective materials, which may require an expert. Also it may be difficult to collect a Judgment. Remember you have the burden of proof.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Hello, I purchased a car parts off of Facebook from Tennessee. I live in NY. Paid with a money order. Still not shipped

It was on Facebook marketplace he would only accept money order. Asked cost to ship it to New York give me the price. I paid him with a money order. Keep saying it’s shipped says he’ll give me a tracking number and never does.

Anthony M. Avery
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answered on Jul 11, 2022

You may have to sue for Breach of Contract in General Sessions. Hopefully you have sufficient service information. I doubt the LEO's will arrest for Theft.

2 Answers | Asked in Small Claims and Collections for Tennessee on
Q: I am being sued for not paying a credit card. If I’m in debt consolidation and they’re paying in full do I need a lawyer

I’m in tennessee. The case is in June

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answered on May 9, 2022

Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.

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1 Answer | Asked in Civil Litigation, Identity Theft and Small Claims for Tennessee on
Q: Can I sue for theft of property, damage of property, extortion, fraud, forgery, harassment of government law enforcement

9 people involve, police officer on video surrounding my house, and entering my mailbox to receive my info .

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answered on May 4, 2022

You may or may not have a Governmental Tort Liability Act/ 18 USC Section 1983 action, as it sounds like you were not charged. But you will need damages, which are capped. Consult with a competent attorney.

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Tennessee on
Q: I took a loan out like 4 years ago and when I did I signed and they signed an arbitration agreement Then went to court

The arbitration agreement said that I can’t take them to court and that they can’t take me to court but they did take me to court so they breeches the contract right?

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answered on Apr 27, 2022

If in Sessions Court, you have to point out the contractual term to the Judge. If in a Court of Record, then file the Answer asserting the arbitration requirement. If defending yourself, you must actively assert your contractual rights or they will be ignored.

1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

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answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

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answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

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