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Tennessee Civil Litigation Questions & Answers
2 Answers | Asked in Constitutional Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Tennessee on
Q: Store refuses to release guns, claiming I'm an arms seller; what can I do legally in TN?

I ordered several guns online through Gunbroker, having them transferred to a Glock store. However, the store refused to release the firearms, claiming that I was an arms seller. They have also banned me from the store, informed other stores not to do business with me, and refused to conduct... View More

Anthony M. Avery
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answered on Oct 17, 2025

You are going to have to hire an attorney to sue the firearm dealer who has your guns. If they are already paid for, including the local dealer/defendant's fees, then you might file an Action To Recover Personal Property in General Sessions. But most likely you will have to sue in... View More

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4 Answers | Asked in Collections and Civil Litigation for Tennessee on
Q: Received a court summons from a debt collector for credit card debt. Can I avoid going to court?

I recently received a summons for General Sessions Court from a debt collector for a credit card debt totaling $1,098.34 plus the cost of the suit. I had no previous communication or notices from the debt collector before being served. The summons includes a court date, and this is my first time... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 6, 2025

You will need to file an Answer with the Court to avoid a Default Judgment. Once that is done you may contact the Plaintiff's attorney to see if they want to settle with you or not. However due to time constraints it may not be possible to avoid a court appearance unless you can work out a... View More

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4 Answers | Asked in Collections, Civil Litigation and Contracts for Tennessee on
Q: Can I get a debt case dismissed after 6 years in TN?

I recently received a court summons for a debt from a personal loan that dates back to 2019 in Tennessee. The notary on the document is dated June 2019. I haven't made any payments or acknowledged the debt since then, and the debt is in the form of a written contract. Given that the statute of... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 6, 2025

The case may be dormant due to the passage to time. Also you may be able to file a Motion to Dismiss for Failure to Prosecute so as to get the Judge to dismiss the pending case. (Assuming the case was filed back in 2019). Otherwise the statute of limitations may have expired (6 years on a... View More

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2 Answers | Asked in Collections and Civil Litigation for Tennessee on
Q: Will I face arrest for not attending court or paying a debt in TN?

I have been served a civil warrant related to a debt of $7,929.04 and need to appear in court on November 6, 2025, in Davidson County. Due to a recent accident, I am in a body brace, working only 4 hours a day, and cannot afford an attorney. I am worried about what might happen if I don't... View More

Anthony M. Avery
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answered on Sep 24, 2025

Unless it is for child support, non payment of civil debts does not result in incarceration. Upon your no show, a Default Judgment will result. Execution on any non-exempt property will occur thereafter. Prior to Court you can agree to a Judgment with the Plaintiff's attorney, so call him... View More

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3 Answers | Asked in Civil Litigation and Contracts for Tennessee on
Q: Need urgent help to respond to civil summons before default judgment.

I received a civil summons regarding [type of case, e.g., debt or contract dispute], and today is the last day to respond before a default judgment is issued against me. I am unable to find an attorney to represent me and need urgent assistance on how to submit my answer correctly and on time. What... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Sep 19, 2025

First, if this is a General Sessions case, you should appear at the court date on your summons. If this is a case in Circuit or Chancery Court, the Court typically will not enter a default judgment without a formal motion and hearing, meaning you should get something in the mail telling you to... View More

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2 Answers | Asked in Civil Litigation and Estate Planning for Tennessee on
Q: How to verify a lawyer's credentials in Tennessee for inheritance case?

I am trying to verify if a person claiming to be a lawyer in Tennessee is legitimate. They are supposedly handling an inheritance case for me, and I've received a photo of a certificate of funds origin related to this matter. Additionally, I've received emails from this person. How can I... View More

Laura W. Vale
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answered on Sep 14, 2025

You can verify the Tennessee attorney's credentials by searching for them on the Tennessee Bar Website here

https://www.tbpr.org/for-the-public/online-attorney-directory

The problem is that even if you can confirm the credentials of the attorney, it could still be a scam. That...
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2 Answers | Asked in Probate and Civil Litigation for Tennessee on
Q: Can I contest my father's will based on undue influence and execution concerns?

I am considering contesting my father's will, which was written by the other beneficiary, my sister, just two days before his death from Stage 4 prostate cancer while he was under hospice care and bedridden. My sister admitted to writing the will and can't recall if my father was allowed... View More

Anthony M. Avery
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answered on Sep 12, 2025

You might have grounds to prove it was not the Decedent's Will if you can prove the statements made by the Sister. Has the Will been filed for Probate? If not, then it means nothing. Otherwise you will need a competent attorney to file a contest, requiring alot of expense. If the Will... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Tennessee on
Q: Landlord disputes tenant deposit withhold for damages beyond wear and tear in TN.

As a landlord, I withheld a tenant's security deposit beyond 30 days due to a dispute over damage charges. I've communicated with the property manager, who insists the damages are common wear and tear, while I believe they go beyond that. I've provided the tenant with an itemized... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Aug 27, 2025

This is a very fact-intensive analysis, so I can only speak in generalities. Generally, when you hire a property manager, that property manager has a duty of loyalty as a part of your contract. This means the property manager must put your interests above anything else, even if they personally... View More

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2 Answers | Asked in Car Accidents, Civil Litigation, Gov & Administrative Law and Personal Injury for Tennessee on
Q: Legal recourse for accident due to unsafe intersection and fleeing driver with criminal history?

My adult daughter was involved in a car accident while driving my car. She was hit by another vehicle, resulting in our car being totaled. While our insurance will cover the vehicle under uninsured motorist coverage and medical insurance will handle the emergency room visit, I’m concerned about... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2025

A Tennessee attorney could answer best, but your question remains open for almost two weeks. I'm sorry about the accident. I hope your daughter is okay. In terms of actions, one of the first steps to consider would be to reach out to local Tennessee attorneys. You describe a setting where it... View More

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2 Answers | Asked in Intellectual Property, Civil Litigation and Contracts for Tennessee on
Q: What are my options for resolving an image infringement dispute with Okularity demanding $212K, operating website not as business?

I received a letter from Okularity claiming we infringed on their images used in a news article on our website. We removed the images immediately upon receiving the letter. We have attempted to negotiate, and while they initially did not specify an amount, they are now demanding $212,000, which we... View More

David Aldrich
David Aldrich
answered on Aug 12, 2025

As always, it will depend on the details of your case, but based on what you've described so far, this is likely an unreasonable demand and you are being targeted. You should consult a qualified IP attorney to review the facts of your case and what has transpired to date, and then have them... View More

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1 Answer | Asked in Contracts, Civil Litigation and Real Estate Law for Tennessee on
Q: Can an LLC cancel a signed house purchase contract due to lack of funds?

I am currently selling my house to a large LLC company, which signed a contract on July 18 with no contingencies, set to close on August 12. The buyer now wishes to cancel due to insufficient funds, because they financed another project. This situation is impacting us as we were planning to use the... View More

Anthony M. Avery
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answered on Aug 6, 2025

The contract must be carefully read. But a breach of contract usually only generates a suit for specific performance, which will not help you in the near term. Real Estate Contracts exist for agents to get a commission and hardly any other purpose. Probably need to sell to someone else.... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Libel & Slander, Personal Injury and Business Law for Tennessee on
Q: DOT urine test flagged as refusal, causing emotional distress, lost wages, and legal actions. What's viable?

On July 14, 2022, I underwent a DOT pre-employment urine test at Western Express’s Nashville facility. The FMCSA Clearinghouse immediately flagged me as a “refusal to test,” but the CCF (received on August 1, 2025, after five requests) shows both “Yes” and “No” checked for the... View More

Anthony M. Avery
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answered on Aug 4, 2025

It looks like you have already went way past the SOL in Tennessee of 1 year for personal injury actions. Possibly you might claim another State's jurisdiction by suing in the Defendant Corporation's home State or in Federal Court. Even if you had a vested retirement plan there, it is... View More

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: What grounds do I have for a civil suit if a dealership hasn't filed the lien release form after car payoff in TN?

I paid off my used car in 2022, but as of July 29, 2025, the dealership has still not filed the lien release form in Tennessee. I contacted the seller, and they instructed me to obtain a form from the county clerk's office, which the seller would then fill out. However, without any written... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Jul 30, 2025

Based on the facts here, you may have claims for breach of contract and failure to deliver good and marketable title. As these claims are generally for less than $25,000, this would involve filing a civil summons in your county's General Sessions Court. Given the complex nature of the claim,... View More

3 Answers | Asked in Personal Injury and Civil Litigation for Tennessee on
Q: Can I sue Cracker Barrel for pain and suffering after a fall?

Last November, I fell in the dark parking lot of a Cracker Barrel because the sidewalk was lower than the curb, and there were no warning signs. I reported the incident to the manager on duty and requested an ambulance to take me to the hospital. I have emails from a Cracker Barrel employee about... View More

Stephen Arnold Black
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answered on Jul 12, 2025

You may have a case for aggravation of a pre-existing condition. You need to prove that the lighting was such that a person with reasonably good eyesight could not have seen it in time to prevent the fall. This could be established by video and photographic evidence taken at a time when the... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for Tennessee on
Q: Can I sue Cracker Barrel for pain and suffering after a fall?

Last November, I fell in the dark parking lot of a Cracker Barrel because the sidewalk was lower than the curb, and there were no warning signs. I reported the incident to the manager on duty and requested an ambulance to take me to the hospital. I have emails from a Cracker Barrel employee about... View More

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2025

I'm sorry about your injuries. It would come down to additional details. The fact that the sidewalk was lower than the curb is difficult to work with. If you reached out to Tennessee attorneys, experienced ones would probably investigate whether the difference in elevation amounted to a civil... View More

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2 Answers | Asked in Civil Litigation, Wrongful Death and Personal Injury for Tennessee on
Q: How can I access police records and belongings in my son's TN homicide case?

I live in Arkansas, and my son was killed in a hit-and-run accident in Memphis, Tennessee, on June 16th. I am trying to obtain police records and video surveillance related to the case. The detective has been avoiding our calls and only texted once to say the investigation is ongoing, leading me to... View More

Stephen Arnold Black
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answered on Jul 9, 2025

My sincerest condolences on the loss of your loved one.

To begin handling your deceased son's affairs, you’ll need to file a probate case in your state to be appointed as the executor or personal representative of his estate. In some states, if the deceased passed away without owning...
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2 Answers | Asked in Agricultural Law, Civil Litigation and Real Estate Law for Tennessee on
Q: Is it legal to register an old illegible survey changing property classification in TN?

I purchased land in Tennessee classified as agricultural, and a 23-year-old illegible survey that was not done for me has suddenly changed my property classification to a subdivision with restrictions. This change happened 3 years after my purchase and without any notification, by the... View More

Anthony M. Avery
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answered on Jul 8, 2025

What is the Chancery Court Case for? Apparently one of the Parties filed the subdivision plat for recordation for some benefit in the litigation. If it was okayed by the proper County officials, then it was legal to file it of record. Did you check the title before you bought the property?... View More

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4 Answers | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Family member disputes driveway access after 30 years. What can I do?

I have been using my driveway for 30 years without issues, but recently a family member claimed that the part of the road my driveway accesses belongs to him and is preventing me from using it. The property accessors recently pinned the property boundaries, and I have not received any legal notice.... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Jul 8, 2025

Unfortunately, if negotiation is not possible with this family member, you may be forced to file a quiet title action to prove the land is yours. You would likely receive an injunction at the outset so you could use your driveway in the meantime. Based on the longevity, I believe you have a... View More

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5 Answers | Asked in Legal Malpractice, Civil Litigation and Personal Injury for Tennessee on
Q: Question about subrogation in funeral home lawsuit settlement, Tennessee. Is withholding $10,000 valid without physical injury or notice?

In 2020, my husband passed away, and the funeral home mishandled his body, leading me to file a lawsuit, which recently settled. Upon signing the settlement agreement, my lawyer informed me that he is withholding $10,000 in case there is a subrogation claim. He never mentioned subrogation... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 30, 2025

On occasion, lawyers may hold in escrow an amount for potential subrogation claims or hold money pending the negotiation of a claim. For instance a creditor claims it is owed $10,000.00 but the lawyer negotiates the amount down to a lower number. Without more facts, I am not sure what subrogation... View More

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2 Answers | Asked in Entertainment / Sports, Employment Law, Contracts and Civil Litigation for Tennessee on
Q: Parents withdrew NIL deal money, limiting access; legal actions?

I am a college baseball player who received a NIL (Name, Image, and Likeness) deal for $10,000. Today, my parents withdrew all the money from my account, even though I am over 18. There were no specific terms or agreements regarding this money. They stated that they intend to give me only $100 per... View More

Michael R. Stooksbury
Michael R. Stooksbury
answered on Jun 27, 2025

Without a review of the documents and facts surrounding this matter, it is impossible to give a definitive answer to your question. Generally, absent a contract or guardianship/conservatorship to the contrary, your parents lose control over your actions, at least so far as contracts are concerned,... View More

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