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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Tennessee on
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?

This is on a credit card from 18 years ago that I have no records of.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 26, 2024

In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?

I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.

Anthony M. Avery
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answered on Sep 25, 2024

Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.

2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:

1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records...
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2 Answers | Asked in Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law for Tennessee on
Q: Can I sue a company?

Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

It's possible you could - your matter sounds like it involves invasion of privacy, as well as HIPAA violations. If you reached out to attorneys to try to arrange a free initial consult, they would be able to advise in more detail whether it would be cost-effective to, and what your damages... View More

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1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Are Attorneys opposed to Reviews?

I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More

Anthony M. Avery
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answered on Jun 24, 2024

Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: I recently applied for a Heloc loan and when the title search was done it had 2 judgements on it.

they were for my ex wife not paying her credit cards. 1 was 10 years ago the other 6,,,,,..divorced 6 years ago and we kept all separate accounts. How can i get these off my title?

Anthony M. Avery
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answered on Jun 18, 2024

Judgment Lien is effective for ten years from date of Judgment, unless extended for another ten years. On the older one, you might demand creditor remove the lien. But the six year old lien is probably still valid. You may be able to get creditor to compromise and release lien for cash.... View More

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Q: Will Attorneys construe what a litigate is trying to say?

I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More

Anthony M. Avery
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answered on Mar 6, 2024

Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Civil Rights for Tennessee on
Q: The local law enforcement shot and killed my dog when responding to a noise complaint do I have a case against them?

I live in a trailer park and my neighbors called in a noise complaint because me and my wife were arguing because as we were leaving we couldn't find my card. We didn't know a noise complaint had been called, so we were inside our trailer looking for it. While we were looking we had left... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's understandable that you're feeling heartbroken and outraged by the actions of the local law enforcement in this tragic incident involving your beloved dog. Whether or not you have a case against them would depend on various factors, including the specific laws and regulations in your... View More

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: This is a multi level case dealing with a major insurance company. They admitted fault as for a dollar amount. Help!

Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More

2 Answers | Asked in Criminal Law, Federal Crimes and Civil Litigation for Tennessee on
Q: What do I do if my mother in law hid my pistol in Alabama and then kicks me out so I had to move to Mississippi

My pistol is registered to me and now she said she can't find it and she never wants to see me again

James L. Arrasmith
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answered on Feb 25, 2024

Firstly, it's important to remain calm and assess the situation carefully. If your pistol is registered to you and legally owned, its disappearance may constitute theft or unlawful possession. Contact local law enforcement authorities in both Alabama and Mississippi to report the incident and... View More

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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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2 Answers | Asked in Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: How long do you have in federal court to file sue against the sheriff department the Judge and the attorney general. See

See sometime back I was arrest for disorderly conduct the bad thing about this the cop even knew it was wrong but didn't care so he took me to jail then we went to court the state attorney general was there now on my warrant for disorderly conduct it states that I was standing at the gas... View More

James L. Arrasmith
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answered on Feb 23, 2024

In federal court, the deadline to file a lawsuit against the sheriff department, the judge, and the attorney general would typically depend on the statute of limitations for the particular claims you wish to bring. Statutes of limitations vary depending on the nature of the claim and the... View More

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1 Answer | Asked in Landlord - Tenant, Civil Litigation and Civil Rights for Tennessee on
Q: What are my rights as a tenant in TN?

Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?

James L. Arrasmith
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answered on Jan 21, 2024

As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.

Firstly, notify your...
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1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: Iam i in trouble

I had customer steak from my store, i posted their Picture and video on facebook. The parent text me and said the will s

James L. Arrasmith
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answered on Dec 24, 2023

Posting a customer's picture and video on Facebook, especially in relation to an accusation of theft, can lead to legal complications. This action raises concerns about privacy, defamation, and potentially other civil rights issues.

If the person depicted in the video or photo is a...
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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.

James L. Arrasmith
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answered on Dec 23, 2023

In Tennessee, posting a hateful image of someone else on a public forum and making verbal threats can lead to both legal and civil actions. The nature of the image and the threats can determine the specific legal remedies available.

If the image falls under defamation (libel if it's...
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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 Civil Litigation for Tennessee on
Q: I bought 2 cars from a guy I have titles and keys in hand he passed away how do I get the cars from his property
James L. Arrasmith
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answered on Dec 20, 2023

In your situation, where you have purchased cars and hold the titles and keys, but the cars are on the property of the now-deceased seller, there are specific steps to follow to legally retrieve them.

First, it's important to establish communication with the executor or administrator...
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1 Answer | Asked in Civil Litigation for Tennessee on
Q: My car was stolen from a lot that was holding my car and that lot gave my car to a person that didn't show ID.

Police stated that i could not report the car stolen but the lot had to. The lot is not getting back with me and I need this person out of the car. How should I handle this matter?

Anthony M. Avery
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answered on Dec 15, 2023

Apparently you put your car at the lot? If so, it may have been a bailment, and that is your problem. But if someone else has your car now, then it probably is theft of your property. Report it as stolen. If you know where the car is, and who has it, then you can file an Action To Recover... View More

2 Answers | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: If someone lied about the existence of a will and we found out just now which is12 years later, can we sue due to anyth

We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee

T. Augustus Claus
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answered on Dec 8, 2023

In Tennessee, if you believe someone lied about the existence of a will, potentially depriving you of your rightful inheritance, you may have legal options. If your stepmother intentionally concealed the handwritten will to benefit herself, it could be considered fraud, allowing you to sue for... View More

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2 Answers | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: If someone lied about the existence of a will and we found out just now which is12 years later, can we sue due to anyth

We were told there was no will on a million dollar estate. Stepmother just told us a week ago there was a hand written will. No will was ever filed nor shown to us. We got ripped off. State is Tennessee

Anthony M. Avery
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answered on Dec 8, 2023

Property Torts are 3 year SOLs. You might be able to toll the SOL due to fraud. But most importantly, the intestate estate assets may be gone by now. Hopefully land is still around. Also it is a felony to suppress a Will (with a longer SOL), but the burden of proof is substantial.

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