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Tennessee Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: My now Ex paid for us to take trip to Jamacia in July. He has since left me. Demanding his money back.

Travel agent doesnt refund 45 days prior to trip. Do I actually owe him? And is it wrong to continue on with my trip

Anthony M. Avery answered on Jun 4, 2019

Without a Contract, it was probably a Gift. I would not worry about it. But if he is stupid enough to sue you for unjust enrichment, etc., I recommend Joe Ford, Esquire in your area.

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Tennessee on

Q: No lease ,boyfriend didnt work out.he owes half rent half utilities for all may now its June he wont go.

We didnt have a lease he agreed to pay 250 rent and half utilities and food. Has not paid anything for month of may and it's now June. How do I get him out this is my house

Anthony M. Avery answered on Jun 3, 2019

You must file a Detainer Warrant on him in General Sessions. Service on him or posting is notice to quit. Just ask for possession. This is only if you intend to live there as you are not the owner. You tell the Court you are a lessee and he is a sub-lessee. If not out in ten days, you must ask... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: CAN A TN LICENSED LAWYER THAT HAS BECOME BLIND OR LEGALLY BLIND SINCE THEY WERE FIRST LICENSED STILL PRACTICE LAW?

Anthony M. Avery answered on May 28, 2019

Absolutely. My Friend Hoyt Gene Bell practiced over fifty years almost completely blind. He also went through Law School blind, using a reel to reel recorder for Classes.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Can a mechanic sue me or stick me with a bill because we referred someone to them, and the customer didn't pay?

In the middle of the night my girlfriend received a call from a lady that she's known for at least 10 years. Her car had broke down off an exit about 35 minutes from our house. We suggested she take her car to someone local and it was towed to this guys home based shop. He diagnosed her vehicle as... Read more »

Leonard Robert Grefseng answered on May 27, 2019

People often make threats that they don't intend to carry out in an effort to force payment. If you did not authorize the work, you are not liable for the bill. if he calls again, just make that very clear- he should pursue the car's owner for his bill.

2 Answers | Asked in Civil Litigation, Medical Malpractice and Wrongful Death for Tennessee on

Q: my friends won a financial setelment and she passed monday how can her husband find the case # he cant find any info

it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... Read more »

Anthony M. Avery answered on May 17, 2019

There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking.... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on

Q: what can i do about a bondsman, that failed to notify me of my court date....

the bondsman failed to notify me of my courtdate after bonding me out. and insisted to lie about calling or sending me mail to confirm my courtdate. i had recieved a capius and had to file a motion to fix the issue. but now they are threatening to throw me back in jail because i told the judge... Read more »

Anthony M. Avery answered on May 13, 2019

It is your responsibility to find out your Court Date and show up to Court, not the Bondsman. Evidently you also do not have a decent attorney. Hire a competent attorney, go to Court, let your lawyer explain your failure to appear, be prepared to move forward on your Case that day, and if... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Minimum Federal Safety Standards required for Drivway Commercial vehicles and Farm Tractors Trailers City Trash Trucks

Local gas utilities Citizen's Gas refuses to uphold or meet MFSS putting my Family at risk by allowing a neighbor easement for drivway across 6 and 5/8" High pressure approximately 250-300lbs natural gas main which is a steel pipeline put in by Russell producing Co back in 1938. When spot depth... Read more »

Anthony M. Avery answered on May 9, 2019

I doubt you have any Damages without an explosion or erosion. But you might sue for Property Damages (within 3 years) of any dangerous acts on your land. Outside of your land, there is no suit. And without damages you have no case. I do not think a Nuisance Suit would lie. Your best bet is to... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee on

Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »

Leonard Robert Grefseng answered on Apr 30, 2019

Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »

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1 Answer | Asked in Civil Litigation and Collections for Tennessee on

Q: what if you don't appear in civil court? Also what if you 're on SSI and can't pay the judgement?

Anthony M. Avery answered on Apr 1, 2019

More than likely a Default Judgment will be entered against you and any other Defendant. If your SSI goes into a Bank Account with your name, it is very easy for the Judgment Creditor to Garnish it. You will need to file a Notice of Exempt Property with the Court.

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Consumer Law for Tennessee on

Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer

Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,

Anthony M. Avery answered on Apr 1, 2019

You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.

1 Answer | Asked in Criminal Law, Civil Litigation and Libel & Slander for Tennessee on

Q: PLEASE HELP AND PLEASE READ. Is there a way to find out who called dcs on me?

Someone (i actually know who it is but cant prove it) has been harassing my phone with anonymous texting apps mentioning where i live, saying dcs has been called, calling me racial slurs, Saying im poor and police wont help me, even claimed to be a dcs worker etc. Then ive had 2 dcs complaints... Read more »

Cayley Turrin answered on Mar 30, 2019

No DCS reports are anonymous.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Libel & Slander for Tennessee on

Q: Someone is pretending to be me , what do I do?

Someone I know is pretending to be me through fake numbers and fake Facebook profile and they are literally harassing theirself from MY name. They have made a police report stating that I've been harassing them and threatening them but I haven't! I'm so scared because they've done this to me before... Read more »

Leonard Robert Grefseng answered on Mar 27, 2019

Call the local police/detectives office- get the documents together and explain the whole history to them. If the other person has committed identity theft, the police will instruct you on how to prosecute them.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for Tennessee on

Q: My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?

The lease I signed is with a family member who said in the lease I was responsible for all repairs however when I moved in the house who is in very bad condition I had to pay for the electric panel to be replaced

Anthony M. Avery answered on Mar 20, 2019

If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Can my mother in law sell my motorcycle that she gave me permission to store it there?

We were living with her at the time she let me put it beside her house.

Anthony M. Avery answered on Mar 18, 2019

Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on

Q: Can I get a lien on a landlord for not giving back the deposit

Leonard Robert Grefseng answered on Mar 6, 2019

If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: If a subpoena was given to me by a non law enforcement official or lawyer, is it still valid?

Anthony M. Avery answered on Feb 27, 2019

Most certainly. Many process servers are non-law enforcement. They are all required to make a proper return to the Court as to whether the Subpoena was served or not.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: My LLC company took payment and never delivered the goods. The customer sued me personally and won against me.

The payment was made to my company. This changes the whole tax/income matter. Further the item is a firearm and the LLC holds the license not I.

Anthony M. Avery answered on Jan 23, 2019

The corporate entity that should have been the Defendant should have been brought to the Court's attention earlier. If it is not too late, you may wish to file a Rule 59 Motion or an Appeal. Hire a competent attorney immediately. If it was General Sessions, you have 10 days to file for a new... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on

Q: how can I get possession of a car that I signed for and is titled to me

I signed a car loan for a friend with an agreement that he would refinance after a year. He never did that and the car note is two months late. The title is in my name and his license is revoked. He will not return my calls or text. How can I take possession of the car.

Anthony M. Avery answered on Jan 15, 2019

You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already... Read more »

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