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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Tennessee on
Q: Who recieves the statue of limitation deduction from my settlement?
Tim Akpinar
Tim Akpinar answered on Mar 31, 2020

I'm not fully clear on your question, and a Tennessee attorney could advise best. But you await an answer for two weeks, and may be in a position of having to wrap your case up. IF you are talking about a personal injury matter, some of the GENERAL deductions arising could include medical liens... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Tennessee on
Q: My father passed with no will my siblings agreed to me be being executive of the estate

It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I know if I'm getting sued by a creditor?

I had a loan set up on auto payments and they stopped processing them due to lack of funds. They never tried to contact me again. That was almost a year ago and now a sheriff shows up and says I'm not getting sued. I call the office that represents them with no response. The number directs me to a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

What did the Sheriff want if he did not serve you or levy on your property? I recommend calling General Sessions Court for the County that either you borrowed the money in or where you live. Check to see if you are a Defendant on a recent or current case. If you borrowed on a car, is there... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A seller is threatening to go to the attorney general for breach of contract, should I be worried?

I drunkenly made a bid on an online auction for some real estate in another state(Illinois). Some time had gone by and my financial situation changed, so I no longer would be able to pay for the auction if I won, which I eventually did. I have no way to pay for the real estate in question and I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 9, 2020

Jurisdiction exists when you contacted somebody in Illinois. I doubt there is any criminal liability, but yes, you can be sued for specific performance, amongst other causes of actions. If sued and served, hire a competent attorney to both represent you, and protect your assets.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: What kind of personal property can be seized for the payment to the creditor? I live in TN, and am unsure on what counts

I had to default on a couple note loans that I received in the mail, and a couple personal loans because of financial hardship. I am a veteran and was attending school, but failed my last semester and had to repay the VA money. I lost my main source of income from the GI bill. It's been 5-6 years... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 6, 2020

You can exempt personal property up to $ 10K, then tools of the trade a few other things such part of a Retirement Plan. If you get sued, you must notify the Plaintiff and the Court of your Notice of Exemption. The Judgment Creditor can continuously monitor your property ownership while the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Can I sue an insurance company for being added to a policy without my consent

Just found out my crazy recent ex has me on her automobile insurance. First of all I don't even have a driver's license second of all nobody talk to me I never signed anything nor did anyone get my consent can I sue the insurance company? I have the insurance card with my name on it and the policy... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 6, 2020

As to the auto policy, you probably have no cause of action since you have no damages at this time. Unless it is provable it hurt your credit rating or something, there is no case. You could file a Declaratory Judgment action to get your name off, but you should just call the Carrier and complain.... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Is there a way I can overturn an agreement from civil court or an appeal. I'm being sued for an old debt, no contract

The company that's suing me is not who I signed this old contract with. This debt has been written off and I just realized looking at paperwork today, I never signed a contract with the company thats suing me. How can they legally sue me when I never had a legal contract sign by me with them?

Bennett James Wills
Bennett James Wills answered on Mar 2, 2020

They original creditor may have sold the contract/debt to a debt buying company. This is common. Just because a debt is "written off" doesn't mean that an original creditor or subsequent creditor cannot attempt to collect. However, you may have defenses. You would be wise to contact local counsel... Read more »

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: Can a debt buyer file a garnishment or lien against me? Can they try to collect without a license?

The person collecting is not the original creditor but a default judgment was received. It is still within the statute of limitations and apparently a the person sold the judgment. Now my roommate has gotten a letter saying they may file for a lien or wage garnishment.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

If they own the Judgment, then they can try to collect it. Whatever license you think they do not have, has nothing to do with collecting against the debtor. You would only be able to file a complaint with the State.

1 Answer | Asked in Civil Litigation and Traffic Tickets for Tennessee on
Q: Can your license be suspended in Tennessee for having a tag that was registered to another vehicle on your vehicle?

An individual was pulled over by the cops. He was driving a vehicle that wasn’t registered, was uninsured, and had tags on it that went to a 2011 GMC Sierra but the vehicle the tags were on is a 1995 vehicle. Since this incident his dad has went and registered the vehicle and got insurance on it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2020

Those Rule of the Road violations should not get MVR points. However the Financial Responsibility Vilolation could suspend the License of the Driver and/or Owner. Hire a competent attorney to address these charges in Court. The Insurance Contract Date could be bad if the LEO shows up.... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Government Contracts for Tennessee on
Q: I would like to sue the state of TN for breach of contract. Because I feel my 1st amendment right was violated.

When I signed a contract agreeing to receive the offer that gives theam a right to permote A A and faith based programs.

Do I have a case

Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

An attorney would need to review the contract documents and have a discussion with you further about the facts to determine whether you have any causes of action. Consult a local attorney to assist you.

1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I live in Minnesota. Can I sue someone in Tennessee small claims court without appearing in person?

I had an income property in Gatlinburg Tennessee area, that was managed as a vacation rental by a mgmt company for many years. The mgmt company closed without notice and although I have sold the property, by their own paperwork and admission the management company still owes me for 2months of... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You would need to be prepared to appear in court. You could hire counsel to file the paperwork and appear for you. And in the event that the defendant fails to appear, you could obtain a default judgment. But if a plaintiff or plaintiff's attorney fails to appear the case would most likely be... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Tennessee on
Q: Wife has been clean from drugs lost child at young age and judge doesnt let her even try to fight for her she has right?
Bennett James Wills
Bennett James Wills answered on Dec 9, 2019

The question is vague. She would be wise to hire local counsel to determine her best course of action.

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Child Custody and Civil Litigation for Tennessee on
Q: My wife had an incident regarding her child. The people, who never spoke to her, told the police and court she was drunk

She was not intoxicated. This could severely affect her and her son. Is this slander or defamation of character?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 2, 2019

No, statements made in court are generally not actionable as defamation.

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: Paid off our loan over a month ago. The finance company will not send the title. What can we do?
Anthony M. Avery
Anthony M. Avery answered on Nov 6, 2019

Not sure what the collateral is. But you may need to hire a competent attorney to file suit. It has to do with the value of the collateral as to whether it is worth the trouble. The Fair Debt Collection Act might give you some relief, as well as a set of TN Consumer Protection Statutes.

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1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I bought a house from my ex-wife who inherited it from her mother. I have let my ex-sister in law stay in the house.

She has signed no agreement or paid any rent. She has been there almost 3 years. Will I have trouble evicting her at a later date?

Anthony M. Avery
Anthony M. Avery answered on Oct 30, 2019

3 years is the SOL. Few persons know that. I suggest filing the Detainer Warrant for Possession Only now. Let her defend herself. At worst you will need a very competent attorney that knows what Ejectment is. Act fast or it could be a very expensive and difficult problem.

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