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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Products Liability and Civil Litigation for Tennessee on
Q: Who is responsible for the damage claim?

We shipped a product with Southwestern Motor Transport that interlined the delivery with Daylight Transport. We filed the claim with Southwestern whom states it is Daylight Transport place to pay the claim. They further stated if Daylight Transport does not pay them for the claim they will not pay... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Your contract is apparently with SW Transport. Read the contract as it will have some disclaimers of liability. But it may give SW as your agent the power to hire another party to perform the contractual duty. If under $ 25K you might sue both carriers in Sessions Court and let them blame each... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I wanted my girlfriend to move out how do I make her go?

I am the home owner and her name is not on anything in the house except trash pickup

Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2021

File a Detainer Warrant for Possession Only. It must be served or posted. Do not get into a fight with her, or she will generate substantial leverage.

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Q: Hi former LEO here 34 years old never been in trouble a day in my life and I was served with a criminal summons today. I

Went to my former employer got booked in and given a court date. My question is since I have never been on this side I am not sure what kind of attorney I need to speak with over this matter?! I live in the country side my neighbor is claiming my dog roams at large and killed one of her chickens….

Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2021

As as a former LEO you know to keep your mouth shut, including on this forum. Take care of your dog for awhile so no further trouble erupts. Hire about any decent, competent attorney to represent you, as you need him to talk to the DA. Be prepared to make Restitution, probably at the first... Read more »

1 Answer | Asked in Landlord - Tenant, Criminal Law, Civil Litigation and Constitutional Law for Tennessee on
Q: Can my landlords brother enter my residence without notice after I told them not to enter via text cause I wasn’t there?

I have it in writing via text, I said do not enter my residence without me being present. Now I have a valuable coin collection missing along with several hundred dollars

Cayley Turrin
Cayley Turrin answered on Aug 16, 2021

I would call the police and report this.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Tennessee on
Q: How would you go about recovering money paid on a contract for deed?

I have been making payments on a contract for deed only to find out that the person recieving payments is not the deeded owner. Would this be considered felony fraud? Should I contact the sheriff?

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2021

You can try to get the Sheriff to get a Warrant, but it is doubtful. Put together proof of payment, the Contract, and the actual owner's Deed. More than likely You are left with suing your contracting party for breach of contract, fraud, and any other appropriate causes of action. Hire a... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What Pleading or Motion should I file when I am in opposition of Recommendation and Findings?

Any party has fourteen days after being served with this Report and Recommendation to

file specific written objections. Failure to file specific objections within fourteen days of receipt

of this report and recommendation can constitute a waiver of appeal of the matters decided.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

You may be confused with what Court you are in, TN or Federal. Hire an attorney today to make your Response, which must be based on grounds. Apparently you are not able to represent yourself.

2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Tennessee on
Q: I work for a restoration contracting franchise can we bring civil litigation against an insurance carrier that owes us $

1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2021

If the insurer had agreed to pay for your work as opposed to the insured then the insurer may be liable. If your contract/ agreement is with the insured- and the insurer is supposed to pay the insured- then your customer may have to pursue the insurer and your remedy may be against your customer-... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I have a civil suit against me LVNV Funding is suing me and I was not given proper time.

Summons date was 1-11-2021, I was served 5-27-2021 and court hearing is tomorrow 6-11-2021. How is that legal?

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

You might ask for a continuance to get an attorney, but it appears that service was timely. That is probably not a Court of Record but General Sessions, and only a few days notice is required.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Discover Bank issued a credit card to my Sole Proprietorship but did not require me to sign a Personal Guarantee.

Am I personally liable for credit issued to my Sole Proprietor Name and Tax Identity Number if the credit card did not ask for my name and SSAN? They did not have me sign a Personal Guarantee?

Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

As a sole proprietor, you are personally liable for the business debts. You are the sole proprietor entity.

1 Answer | Asked in Personal Injury and Civil Litigation for Tennessee on
Q: How do I make a motion to dismiss 3 claims from my General Sessions lawsuit and add 1claim w/out having to dismiss case?

Filed over 300 days ago and do not want to ask for dismissal without prejudice when I am ready to go to trial but don’t want to move to circuit court. I’m already suing for harassment and 3 claims are under that umbrella anyway. Asking for punitive damages to be included because defendant has... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 25, 2021

Just state you are dismissing those causes of actions at the start of trial. Alot of times you have to try the case twice, once at Sessions then Circuit Court. It may or may not be your choice.

1 Answer | Asked in Civil Litigation and Identity Theft for Tennessee on
Q: Somebody stole and signed over my vehicle title to themselves and brought the police and got my vehicle what can I do

Columbia, Tennessee; Maury county

Anthony M. Avery
Anthony M. Avery answered on May 7, 2021

An action for Conversion in General Sessions Court might be best option. But it sounds like someone pawned the Title, then repossessed the collateral.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If my probation officer continually threatens me and calls me stupid do i have to listen
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

You need to post this question in Indiana, not Tennessee. But usually you have to do what the Probation Officers say regardless, or they will violate you... And you are the one that goes to Jail or Prison. They may assign you another PO in time, but do not complain now.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: If you pay Adv Fin amt in full + fees for a civil summons well before the court date, do you still have to go to court?
Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

I do not know what "Adv Fin amt" is, but you need to be concerned with what amount you are being sued for as shown on the Civil Warrant. You might talk to the lawyer which sued you, which should also be on the Warrant. But be careful of what you say and require a paid in full receipt... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: A person posed as a city code officer and gave me 2 weeks to make “improvements on my property or action would be taken”

I was contacted not 30 minutes later by a person who was interested in buying said property and since I was in a panic I foolishly negotiated a deal for him to purchase the house.

I later discover that city code enforcement does not contact a party by phone, only by mail to keep a paper... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

Unless you can prove there is some connection between the code guy and the purchaser, you will not be able to set aside the contract for fraud. However you may want to read your contract, verbatim. Even if you breach it, the primary recourse for the buyer will be Specific Performance. Hire... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Does the statute of limitations run date to date or 365 days from the date the civil summons was filed?

My situation is that the acquittal was entered into record on 12/12/2019. The verdict was actually given on 12/11/2019. The Civil summons was filed on 12/11/2020. February had a leap year so from 12/11/2019 to 12/11/2020 is 366 days.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2021

As far as I know all SOLs run in years not days. There are just a few 6 month SOLs. These include both criminal charges and civil causes of actions. What is your question? Because the Statutes use years, leap years are not a concern. But Non Court days usually extend SOLs one or two days by... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: US resident serve Summons to Cyprus, CA business thru certified mail or must it go through Hague Convention (Ministry..

Resident of TN filed suit in Circuit Court. Needs service of process of Summons and Complaint against business located in Cyprus, CA with no registered agent for SOP in U.S.A. Can I effect adequate service by certified mail or must SOP be through the Hague Convention and thus Ministry of Justice... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2021

Obviously CA is not another Country, so Hague Convention has no jurisdiction. Circuit Judges are going to want alot more attempts at service than a letter which they are not required to receive. Hire a competent attorney today and get him to research your Defendant much more thoroughly. The way... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I file a small claims suit against someone in Tenn if I live in MI?

We have paid a clothing designer $6500 to make three articles of clothing. We have received the vest but the matching undershirt and another shirt we haven't received and she isn't responding to our calls, emails or texts. Last correspondence was on January 8th stating she had just... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2021

Yes, you can file suit for Breach of Contract in General Sessions Court of the County of the Defendant's residence. Circuit and Chancery Courts are also available. But I recommend hiring a collection attorney after you get a Judgment.

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

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