Lawyers, Answer Questions  & Get Points Log In
Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Tennessee on
Q: I paid my car off two months ago and they refuse to send me my title. I don’t know why. Can someone help me?

The person over my account refuses to send my car title. My car was paid off on 8/5/22. The lady gave me a fake tracking number and a fake certified mail receipt. I called the Department of Revenue and told me to seek legal counsel and wouldn’t tell me why.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Car Dealer probably never owned the car. You will need an attorney to complain to the proper agency and make a claim. A suit may be needed also.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: How often can a debtor be subpoenaed for post judgement discovery in Tennessee
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 6, 2022

There is not limit during the life of the Judgment. You might move to quash for abusive filings, but it will probably be denied.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
Read more »

1 Answer | Asked in Consumer Law and White Collar Crime for Tennessee on
Q: Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership?

My husband and I own a boat that we decided to sell. We put it on a lot for a dealership to sell for us. The deal was that the boat would not leave the lot until paid for. We also agree that the dealerships would take $500 for selling it. We got a call from the dealership about 12 days ago saying... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 11, 2022

Probably a Civil Warrant in General Sessions Court for Breach of Contract or Conversion. Hire a TN attorney.

1 Answer | Asked in Consumer Law, Contracts and Health Care Law for Tennessee on
Q: how do i make a case with billing provider I have, have lost thousands of dollars

they are changing the order of my documentation hence getting claims denied

new provider owned practice, been opened a year

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It doesn't make sense for a provider or billing company to jeopardize payment for medical services by submitting procedures (or supporting documentation) out of sequence; further, the claims examiner should... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Tennessee on
Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?

Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage.

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Depends on whether you purchased "as is" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Hello, I purchased a car parts off of Facebook from Tennessee. I live in NY. Paid with a money order. Still not shipped

It was on Facebook marketplace he would only accept money order. Asked cost to ship it to New York give me the price. I paid him with a money order. Keep saying it’s shipped says he’ll give me a tracking number and never does.

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

You may have to sue for Breach of Contract in General Sessions. Hopefully you have sufficient service information. I doubt the LEO's will arrest for Theft.

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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

View More Answers

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.