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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: How do I get/file forms to sue my neighbor who will not stop trespassing on my lawn?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 5, 2022

You can sue for Trespass in General Sessions. Damages will be a problem, so expect little or no money. Obtain service information and carefully fill out a Civil Warrant.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Tennessee on
Q: What kind of action could be taken if I found out my Union Attorney Representation was not registered to practice law?

Nore was there a cosigner for him to practice law approved by State Bar of GA.

What action can I take after my arbitration panel has taken place?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 29, 2022

In TN call the Sheriff or the DA to request charges. It might be grounds for setting aside an adverse decision.

1 Answer | Asked in Civil Litigation and Personal Injury for Tennessee on
Q: Firefighter carry no apparatus with him on the fire truck is that negligent

Fire truck comes to the house won't come up the driveway because they said the truck was tore up headway for another truck to show up but already had called for him earlier three people it called for a 911 took him 20 minutes 30 minutes to get here in the fire station is only 1.2 miles away... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 24, 2022

Possible negligence cause of action. But it is a Government Tort Liability Action, so few lawyers know what to do. No jury and a 1 year SOL, with with caps on damages. You will need other firemen to testify as experts.

1 Answer | Asked in Estate Planning and Civil Litigation for Tennessee on
Q: Married with unsecure financial debt in my name only. We reside in TN in the event of my death is my wife responsible
Anthony M. Avery
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Anthony M. Avery
answered on Aug 9, 2022

Usually if not in her name, she is not responsible. But a creditor can argue some debts were a necessity, like medicals, food, rent, etc, and still sue her.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Is it possible to obtain federal civil trial transcripts that has been decided and no longer in litigation?

xx et al., Plaintiffs,

v.

CITY OF MEMPHIS, Defendant.

No. 06–2109–STA.

Adcock v. City of Memphis, No. 06-2109-STA, 2010 WL 5090440 (W.D. Tenn. Dec. 8, 2010)

Anthony M. Avery
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Anthony M. Avery
answered on Jul 11, 2022

Call the Court Clerk and ask. The File is a public record.

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

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

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: How do I submit my dismissal of charges for lack of evidence when I don’t know the form format?

Charges Felony C Especially Aggravated Stalking with a dashcam. Only went down street twice, don’t want them to just drop charges, I want them dismissed.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 16, 2022

Hire a competent attorney. You will not be able to represent yourself effectively for such Felony charges.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Owner of small business oneida Tennessee, i was served condemnation summons, for our entire parking lot , of business,

June 10 2022, from TDOT , employees an customers will have no where to park, the attorney i have now, went on vacation same day. How many days , do i have to reply, so the court, sees it as failure to reply, an give possession to TDOT, of my entire parking lot. Please advise , urgent matter i... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 13, 2022

Your Summons should tell you that your Answer is due within 30 days of Service. Hire a competent attorney. Fair Compensation can be asked for, and a suit might bring in more money. But the Government has Eminent Domain powers. You should ask for enough money to build another parking lot.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I had a contract / bill of sale for food truck. 20 k down and 1000 a month following. He hasn’t paid the thousand

It was stated in contract of payment not made on time, ownership reverts back to seller. Is this mine legally to sell again

Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

Is the truck in your possession? If not, and you did not perfect the lien on the title, then the buyer could sell it. You will need an attorney to look at the contract and the facts prior to doing anything else. Otherwise you could be charged with theft or conversion.

1 Answer | Asked in Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... Read more »

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

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

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
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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
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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
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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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

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