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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

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

Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor.... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mother in law passed, man she had been with for years (separated/changed address about 1 month before she died) broke in

He has not lived there in over a month, and has never paid a bill there, and they were not married. We are pretty sure he broke in and took some of her property. What legal recourse do we have if any? Police told us "that's technically still his house." So nothing they could do. Also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

The Next Of Kin can sue him General Sessions Court for Conversion. It will be difficult to recover a Judgment however.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: What are the laws when a breeder sells you a dog and the dog dies due to a illness the breeder knew about?

The breeder knew about the illness but didn’t tell us about the illness.

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 18, 2020

It usually depends on the language in the purchase contract, but if the contract doesn’t cover this sort of illness or you can prove the breeder knew about the illness, you Can sue for your financial losses and vet bills.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Im starting a business, and I’m wondering if my ex will be entitled to any of the money that I make from this business?

My husband and I have been separated for over a year. We are planning on filing in the next month or two. The business is not up and running, nor will it be for at least another six months, but since I am starting it before our divorce, I worry he may try and claim part of my income.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 7, 2020

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I own a business with noticeable decrease of sales from past loyal customers. Just learned that a mayor shared my name

From an anonymous complaint resulting in several customers and friendships affecting our business and name in our network. Is there a slander ethic complaint to file on this mayor that would hold up

Paul E. Tennison
Paul E. Tennison answered on Jul 2, 2020

I am unaware of any ethics complaint that may be beneficial for you here. However, you may have a civil cause of action against this mayor for defamation. I recommend you speak with an experienced defamation attorney to determine if you have a case. For more information on defamation law in... Read more »

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: A couple cosigned an agreement to lease one of the 3 bedrooms in my apartment. However, they never moved in.

I'm now liable for their rent, but the landlord will not provide me with their address so that I can serve them papers. How can I get the landlord to provide me with their address.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

If a couple co-signed on a Lease with you, you should know their addresses. The Landlord does not have to give them to you. If you can't find them, hire a private detective to find them.

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: Since my insurance policy is administered by my company out of state, does the 30 day rule apply?

My divorce was final June 3ed after many delays. No formal notice was issued to my spouse.

Anthony M. Avery
Anthony M. Avery answered on Jun 22, 2020

There is no 30 day rule. I assume you are talking about an Appeal or setting aside the MDA. You were supposed to inform the Spouse of the Termination Of Insurance. In effect, you have lied to the Court. The Spouse has grounds to Set Aside the Divorce, possibly up to 1 year from Judgment.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: My roommates have moved out and I'm waiting for my new place to be ready. Can they be evicted if I am or just me?
Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

It will take at least 45 days to file a Detainer, serve you, and get the necessary Judgments to remove you. Hopefully you can take the new leasehold in 2 to 3 months.

Q: My son's death has been falsified, delayed, denied, and dismissed for 7 years. Can I sue the parties for negligence

My son was allegedly overdosed in Henderson County TN during 2013; however, the 911 call was made in another county. Since the body was in Carroll County when EMS responded, the body was taken to Carroll County at the nearest hospital. Investigation occurring simultaneously at the alleged location... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2020

Very sorry for your loss. However most of what I assume might be potential defendants had their liability barred by the Statute of Limitations long ago. It would probably be a GTLA, and even the savings Statute does not apply. I see no basis for claiming a tolling of the SOL. Your attorney... Read more »

2 Answers | Asked in Civil Litigation for Tennessee on
Q: What rule(s) support for late disclosure of an expert witness after stage of summary judgement but before trial?

Case has had lots of lawyer turnover on plaintiff side, court has found fault with lawyers and not plaintiff. In resetting timelines, expert witness deadline got overlooked. During deposition, one of witnesses from defendant side called john doe made statement saying "X" and cited source... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 10, 2020

If you have a lawyer- then this discussion should be with your lawyer. If you don't have a lawyer and assuming you are past your expert disclosure deadline- look up issues related to rebuttal witnesses. May need to file a motion to add a witness but may not have to if a rebuttal. You... Read more »

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: I'm 50 y/o, disabled & not worked since 2010. I'm being sued for $21k credit card debt. Do I need a lawyer?

Due to being unable to work, I lived off of SSI/disability, my savings, my cashed in 401K, support from my family and credit cards beginning 2010. I successfully paid on my debt until 2018 when I ran out of savings and had to move from FL to TN because I could not afford to live in FL anymore.... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 20, 2020

Research the Exemption Statutes in Tennessee. Carefully select what properties you wish to declare Exempt and properly notify the Court and the Creditor's Attorneys in a proper Notice Of Exempt Property. Expect to be questioned about your assets at least every year. Go to Court and... Read more »

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Can an attorney cancel a hearing the morning of the hearing day? Also want make sure creditor remove off credit report.

A debt relief company has been taking money out of my account for last past year to pay My creditor monthly & at same time settle my case. If anything they hurt me more than helped. Months later I get a summon to court fr creditor filed L-suit of $8k up front or 4 months of $2k. That was bef... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You apparently have an attorney. Make him do his job, and do not expect this forum to interfere with your relationship. If you cannot get him on the phone, go to his office until you find him.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the statute of limitations for taking a contractor to court for lying about work done?

I had water damage and the contractor said they would have to remove the subfloor and replace it. Turns out they only dried it then laid the new floor over the warped subfloor.

Bennett James Wills
Bennett James Wills answered on May 14, 2020

Depends on the claims. Breach of contract is 6 years is most cases; consumer protection act claims are one year; property damage three years. It all just depends on the nature of your case. You'd be wise to consult local counsel.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: what is the law of abandonment of property. 4 yrs ago I was given a 4 wheeler by the widow of my best friend. They are

They are now asking for it back. There is no Title

Bennett James Wills
Bennett James Wills answered on May 14, 2020

If it was a gift to you, then no, you wouldn't have to give it back.

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read more »

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

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Q: What rights do tenants have when a homeowner wants to get rid of property manager but not tenants? Just signed Lease 2.

The owner has decided to fire the real estate company but wants to keep us as the tenant. We just signed a second year long lease 03/01/2020 through the real estate manager. The real estate company said we have to vacate the house at the end of 30 days (to include all of our belongings) so an... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 25, 2020

I doubt that you have to move out or that the management company can force you. Also, in any event the Tennessee Supreme Court has extended an order restricting evictions for a period of time in light of the covid 19 issue.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

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