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Tennessee Consumer Law 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
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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 Consumer Law, Contracts and Construction Law for Tennessee on
Q: My contractor hasn’t finished a simple job for 9 months. Can I just fire him or do I have to wait a certain # of days?

It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison
answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

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1 Answer | Asked in Collections, Consumer Law, Contracts and Identity Theft for Tennessee on
Q: A person with the same name used to live at my address. The creditor sued and won a judgement. I never got notice.

Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?

Anthony M. Avery
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Anthony M. Avery
answered on Mar 14, 2022

You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: Owner scheduled all windows to be replaced. We will be out of town and do not want anyone in the house.

What are our (tenant) rights? Can we change the locks so landlord cannot gain entry?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 7, 2022

Landlord/Owner has a right to go on leasehold. It is probably in your Lease with a notice provision, which is why they told you. Trying to prevent the landlord's lawful entry will be a breach of contract and grounds for a Detainer Warrant. I would take pictures of everything before I left.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

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

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Tennessee on
Q: We bought a brand new camper from a dealership. It came from the factory missing some things and some items were in non

Working condition. The dealership assured us they would have all repaired/restored to new condition under warranty. It has now been 6 months and they have not. I have been making camper payments all this time and it has sat on their lot waiting to be restored. I want my money back and to be... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 15, 2021

I recommend hiring a competent attorney to file an Action in Chancery for Rescission. You will not make any money but you should mitigate your losses.

1 Answer | Asked in Consumer Law for Tennessee on
Q: Can hyundai withdraw a settlement offer after it is sent to me, accepted, signed and returned?

The settlement offer is for the rental car, tow bill and hotel rental due to not being able to get a rental car for 31 days. After sending me the settlement offer and it being accepted, signed and returned the case worker has now decided that she will only pay me $1369.00 instead of the proposed... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Nov 15, 2021

Hopefully the Settlement Contract does not have a condition which allowed the Company to dishonor its agreement. You will have to hire an attorney to enforce the Settlement in General Sessions Court for Breach of Contract, and possibly execute upon some property of them. It is doubtful you... Read more »

1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I bought cashiers checks several years Ago and bank is refusing to accept them. What should I do?

I deposited checks into a different financial institution as the void date is near. I went to the bank and they stated there was nothing they could and referred me to a property claim website. In looking on the site there were no claims attached to my name. In speaking with the treasury department... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 1, 2021

Cashier's Checks are the issuing Bank's own Note. Hire a very competent attorney to sue the Issuing Bank for wrongful dishonor, possible breach of contract, etc. You may have to sue the Bank in its own jurisdiction. Is the Bank still in business? It sounds like it folded and... Read more »

2 Answers | Asked in Consumer Law, Traffic Tickets and Car Accidents for Tennessee on
Q: I was involved in wreck. The agent told me the guy admitted he was at fault. The agent avoided my calls for over 3 weeks

I finally got ahold of someone from the insurance company after almost 3 weeks and they told me I was at fault just because I hit the other person first. The other person involved ran a stop sign and I was not able to stop in time. I was wondering if I have a case?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 1, 2021

Call a competent attorney in your area today. There are many pertinent facts needed, and you do not understand what is going on. Even if a property damage tort only in your case, you can mess it up quickly. Citations in Court can destroy you also. Comparative Negligence may apply.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: In Tennessee if u get a car thru a dealership and it is financed thru a bank who holds the title

The dealership or the bank financing it? And do they have to tell u who is financing it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2021

Generally the lender puts a lien on the title. It will be typed in as a lienholder on the Certificate of Title. That is their security pursuant to a financing contract to repossess the vehicle. Tthe dealer probably already got paid by the bank or given credit on its financing agreement.

1 Answer | Asked in Consumer Law, Criminal Law and Personal Injury for Tennessee on
Q: herlp with idenity theft personal freedom violations forgery fraud illigeal financial transactions theft cryptocurtency

im west tn it is ongoing and expanding to point cell numbers emails stolen every sigle aspect my life affected hidden cam ease dropping- extensive.. point i am complete prisioner who would i contact to help stop and convict these individuals thanku respectfully jg MD

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2021

A Tennessee attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys who handle identity theft matters. It could also be worth considering reaching out to financial institutions who handle your banking and credit cards to find out if the identity... Read more »

1 Answer | Asked in Consumer Law, Contracts and Public Benefits for Tennessee on
Q: I was an apprentice for a shop for 3 years and was about to receive my piercing license but the owner and I had a disput

They did not allow me to obtain my license. This was 2011. What do I need to do to obtain my legal license for piercing? I do not want to go through an apprenticeship again since I still hold the knowledge. Hope you can help!

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 13, 2021

You must contact the Regulatory Agency in Nashville that handles such a License. They are the ones that issue the License.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Discover Bank issued a credit card to my Sole Proprietorship but did not require me to sign a Personal Guarantee.

Am I personally liable for credit issued to my Sole Proprietor Name and Tax Identity Number if the credit card did not ask for my name and SSAN? They did not have me sign a Personal Guarantee?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2021

As a sole proprietor, you are personally liable for the business debts. You are the sole proprietor entity.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I received a summons for debt in 2015 - unaware of it I sent a certified letter request proof

I requested proof of the debt but I noticed it did not have the contract that was suppose to be signed for the debt showing the total amount borrowed, interest and what would be paid if loan was completed in its entirety - it only had 1400.00 typed out that it was taken out on 08/3/2015- my court... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 9, 2021

They do not have to respond to your letter. I would think you would be in General Sessions, but your facts sound like a Court of Record. Whatever, to dispute the suit, you will probably need an attorney. The suit is probably being filed just before the SOL runs.

A judgment will be...
Read more »

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: I rented an apt and 28 days later they had a court order in my husbands name for $3500 back rent. It's on my credit.

I have the court orders in his name only and I need a lawyer to resolve this issue.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 19, 2021

It appears they found your Husband through you. Your Husband should have been served with whatever suit was filed, and should have defended himself. Now he must immediately file to set aside what may be a Default Judgment, or file an Appeal, hopefully an Appeal De Novo. He must act fast and... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: If you pay Adv Fin amt in full + fees for a civil summons well before the court date, do you still have to go to court?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 11, 2021

I do not know what "Adv Fin amt" is, but you need to be concerned with what amount you are being sued for as shown on the Civil Warrant. You might talk to the lawyer which sued you, which should also be on the Warrant. But be careful of what you say and require a paid in full receipt... Read more »

1 Answer | Asked in Construction Law, Contracts and Consumer Law for Tennessee on
Q: Where can I get help with a construction business that has sent me a bill of charges more than I was told to do the job?

I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 16, 2020

I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

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