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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: How do I get my car back in tennessee. Lienholder repossed it is harassing me for.money I do not owe.

He refuses to write me a receipt and continually threatening not allowing me to get personal property from vehicle.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

If the property is significant, file an Action to Recover Personal Property in Sessions. As to debt, it is up to him to sue you. I doubt FDCA applies here enough to file suit.

1 Answer | Asked in Civil Litigation, Identity Theft and Small Claims for Tennessee on
Q: Can I sue for theft of property, damage of property, extortion, fraud, forgery, harassment of government law enforcement

9 people involve, police officer on video surrounding my house, and entering my mailbox to receive my info .

Anthony M. Avery
Anthony M. Avery answered on May 4, 2022

You may or may not have a Governmental Tort Liability Act/ 18 USC Section 1983 action, as it sounds like you were not charged. But you will need damages, which are capped. Consult with a competent attorney.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

2 Answers | Asked in Civil Litigation, Family Law and Civil Rights for Tennessee on
Q: Can you sue a family member for owing you 45k but they don’t want to pay back and their is no contract
Bennett James Wills
Bennett James Wills answered on Apr 1, 2022

Yes. You can sue. But not having a contract for a loan may enable them to a decent defense. Consult counsel to determine your options.

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1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
Q: When a judgment is awarded in favor of the Plaintiff; How long before Writ of Possession can be executed? Same day?

The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2022

If you are still in possession ten days after the Judgment, then the landlord can ask for a

Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
Read more »

1 Answer | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Contracts for Tennessee on
Q: I bought a business and learned 6 months later that it has three liens on the business assets. Any recourse I can take?

I have paid 85% of the contract price but stopped making payments because I want to sue the seller for the amount I’ve paid so far. Does the non disclosure of the liens by the seller open the door for breach of contract and refund?

Anthony M. Avery
Anthony M. Avery answered on Jan 31, 2022

The Bulk Sale Law is probably violated. But you will need to examine your potential defendant. If no disclosure was made, then breach of contract may not have occurred. Obviously you did not check this out prior to purchase. Hire a competent attorney to examine your choices.

1 Answer | Asked in Family Law and Civil Litigation for Tennessee on
Q: What are the statue of limitations on forging and selling a vehicle thats not yours but a family members

Our father passed and my siblings sold my vehicle without my permission nor did I recieve any money from the sell. They forged the title and kept the vehicle and all out of my knowledge till after our fathers funeral . what are the statue of limitations on a case like this and what can I do about it

Anthony M. Avery
Anthony M. Avery answered on Jan 31, 2022

Probably a 3 year SOL

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Q: How to strip lien against one person on Tenancy by the Entirety held home?

I had a lien filed against me for a judgement against just me (not spouse). My home is held a Tenancy by The Entirety with spouse. The judgement holder tried to foreclose on my "survivorship interest", which went nowhere. Do I have to pay this to sell my house or is there some workaround?... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

You interest could possibly be executed upon. Most buyers will not take your title however. Judgment Liens are good for ten years from date of Judgment, unless extended, which happens frequently. Even it the Lien lapses, it will still be in your title unless the creditor or a court removes it.... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I won a civil case against a guy who stole money from me, and he has yet to make any payment to me, so what is my next

Step trying collect my money

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2021

Obviously you did not check out your target prior to suit, which is a mistake. It may or may not be ever collectible. In your situation, hiring a collection attorney is probably the best option because learning about assets and collection methods would be difficult and useless.

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I am on retirement social security since January 2020, what can i do when a loan company takes me to civil court?

I called a bankruptcy lawyer in 2020, she said it was not worth going bankrupt if I was on social security. Social security could not be garnished. So I just stopped paying the loan company, the balance is a little over $3000.

Anthony M. Avery
Anthony M. Avery answered on Dec 16, 2021

Hire a competent attorney to examine your assets. When you are served with suit, then file a Notice of Exempt Property.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Is swearing at an officer or flipping them a bird disorderly conduct?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

It can be as arguably disturbing the peace, and the LEO might find other charges. You can defend yourself in Court, but the Judge is not going to be impressed with First Amendment Rights, even if he dismisses the same. Be careful of Contempt of Court.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Vehicle is titled in his name "OR" her name. He dies & widows her. She dies 2 days later. Who owns vehicle (in TN)?
Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2021

Without any other facts or Probate proceedings, the Heirs and Next of Kin of the Wife own the vehicle.

1 Answer | Asked in Banking, Civil Litigation and Contracts for Tennessee on
Q: 2 month old leased car stolen. Ins. paid bank directly. Bank kept all additional down payment 22K. and deceived me. ???
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

What is your question? Insurance will pay off lender not you, as you are not the owner.

Read your Contract, but it is doubtful that you have any contractual rights for a refund.

Hire an attorney for a consultation after reading your Contract which you agreed to. I doubt Equity...
Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the sentence of a community corrections volition that missed 6 missed meetings with officer

If your on community corrections can they charge you separately for each missed meeting with officer

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

The DA can charge VOP either way. Ultimately the Court may make you serve the Sentence in the Penitentiary. You should go see the Officer today, but be prepared to be arrested. It can only get worse than it is.

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.

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