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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Traffic Tickets and Civil Litigation for Tennessee on
Q: what would be considered a premise that is "frequented by the public at large"

pertaining to part 1 accidents 55-10-102

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

Generally places that are open to the public fit in this category. Shopping centers, apartment complexes, office parking lots that also allow access to the public. Places that would not fit might be a fenced area with a gate that required a pass card or check in with a guard. The answer to your... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can a person sell a ROW to the adjoining property owner if it is a county road and buyers thought it private

There is a road adjoining our property which we always were told was a private road. The man who said he owned this road sold the right of way to us in 2013. We paid $3450 for this ROW and have been paying property taxes on that parcel of land. We have since sold 1.78 acres adjoining said ROW to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Apparently you did not check the title. If not a warranty deed, no cause of action probably exists as a practical matter. With a WD, it will still be iffy. You might ask the Trustee for the taxes back, or even sue for them, but I doubt it will be successful.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: what tennessee case law says that a party disputing contractual intent must prove neither party intended a contract?

It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I am being sued in another county and do not have transportation.

I am being sued in Chancery Court in a county that I do not live in. I have no means of transportation to the county of the lawsuit. What are my options for subpoena? Can I object based on distance?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

Nonavailability of transportation is not a legal defense. Hire an attorney to represent you and go from there upon his advice. At least file an Answer within 30 days of service, and call the Clerk & Master about this Case. If being sued for money, you probably need to examine your... Read more »

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Tennessee on
Q: Out of three beneficiaries can one of them be the trustee

My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.

Anthony M. Avery
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Anthony M. Avery
answered on Jan 4, 2023

Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Internet Law for Tennessee on
Q: If I sign a contract-at school-agreeing that I will not post on social media about a person can I get in trouble if i do
Tim Akpinar
Tim Akpinar
answered on Jan 3, 2023

A Tennessee attorney could advise best, but your question remains open for three weeks. If it's a contract with the school, it's possible that violating it could result in loss of privileges or some form of discipline by the school. Depending on what's posted, it's even possible... Read more »

1 Answer | Asked in Tax Law and Civil Litigation for Tennessee on
Q: I am being harassed by an RTO shed owner that went out of business and has taken me to court and I have been told by the

And I have been told by a good source that he's just doing this to make me pay for something I did not do I want to sue

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 3, 2023

Have you been served with a civil warrant? If not, you might forget about it until sued. Generally a 6 yr SOL. If worried, then make him a cash offer if you received a shed.

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,... Read more »

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: If I'm in a civil court case and I miss court will they put me in jail my next court date?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 1, 2023

Some civil cases can result in contempt, usually domestic or collections oriented. But usually default judgments are entered. What kind of case is it?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Libel & Slander for Tennessee on
Q: I am looking for an attorney to help prosecute our neighbor for stealing packages from us

She has stolen packages on several occasions, one such even caught on camera. She also left threatening letter tacked to our tree

Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 1, 2023

The criminal offense we call theft in Tennessee can be prosecuted by your county district attorney. You will want to reach out to that office to move forward.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: What is the statute of limitations to go back on someone if you feel they filed a false police report on you.

The two reports caused two felonies. Is there a time limit to go back in tenn?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 7, 2022

Libel is 1 year and Slander is 6 months.

1 Answer | Asked in Employment Law, Business Law, Civil Litigation and Employment Discrimination for Tennessee on
Q: Will someone please answer this for me? I was fired today.

I was fired from a local company and the reason was they found out I was in recovery and said via text “we can’t have you come back with your history of drug abuse. We are afraid you’ll steal”. I have asked this question multiple time and can’t get a response. Do I have any legal action?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 6, 2022

Unless there is a contract, all TN employment is terminable at will of the employer. No action exists.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I did a private sale on my vehicle they haven't paid can I repossess it

I sold it for $800 and he's only paid $200 and it's been almost a year

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 2, 2022

Unless you put a Lien on the Title, a non-judicial repossession is out. Sue in General Sessions for the Debt, then possibly execute upon the car if a bank account is not available. If you still hold Title, then file an Action to Recover Personal Property, also in Sessions.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: My wife passed away last month. She got loan from individual and institutions without my knowledge. She was working govt

School..shall husband responsible for this

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 28, 2022

Creditors can argue it was a necessity, or that you cosigned. If sued, hire an attorney to defend you. This happens alot, and they will wear you out in Court until you finally try it.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What can I do about a car lot that doesn’t want to give me my down payment back, although they were unable to finance me

I got the car on November 5 and put $1000 down and on November 7. They told me I needed to bring the car back because they were unable to verify that I had stable income although they let me take the car from the lot on November 5, the man at the dealership said that he would be able to give me my... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 23, 2022

You can file suit for Conversion in General Sessions Court, but I doubt it is worth the trouble. Even with a Judgment, then you have to collect. Their position obviously has some merit, since it is your credit that was not sufficient.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: My personal vehicle’s paint was damaged from a chemical coming out of the plant that I work at.

Employer has accepted responsibility and have received estimate for repairs but have yet to compensate. Was course of action can be done?

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. If your employer has expressed a willingness to cover the damages, you course of action is to work together cooperatively in showing the car to verify damage, obtaining estimates, working with their insurer, and... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the law in tn on eviction .Davdson co,1 year lease.

If tennant hasnt paid for the whole month on yearly lease .An you give them a 14 day notice to pay or quit,an they do nothing,can you proceed with eviction ,an how many day notice must be given.An does any of this have to be certified or can a delivered notice to the door or mailbox be... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 8, 2022

File a Detainer Warrant now at General Sessions Court. I would forget about rent and sue for possession only, unless you really think you can collect. Service/Posting is Notice To Quit.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I hire a lawyer to make a call and send a letter to a contractor who has not completed work that has been paid for?
Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Sure. Attorneys will often send demand letters. Use the search function to find a local construction attorney to help you out.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The mother deserves to see dash and body cam they shot her boy in the back

Hamilro. County Tennessee release body cam of J.M.F. being shot in the back on 10/01/2021 in soddy daisy Tennessee on berry meadow way he was wanted for questioning only

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You probably have already busted the SOL. Especially since some representative must file suit. Talk to a lawyer today, but understand you are probably too late.

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