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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I paid a contactor to put new roof on. Leaks worse. His insurance says won't pay for bad workmanship. What now?

Insurance says WILL pay for internal damage due to the poor workmanship. Contractor has been saying he is at fault and will fix, but it's been 11 months and I still have tarps on my roof.

Paul E. Tennison
Paul E. Tennison answered on Mar 27, 2020

You could sue the contractor. He breached the contract by performing a job that failed to achieve the desired result of a repaired roof. I recommend you consult with an experienced attorney and examine your options in detail. You may be better off if you act quickly. The statute of limitations is... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Debt started in one state, then moved to a different state when payments started to fall behind.

Which state's SOLs do you go by?

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The Note, Security Agreement, etc probably contains a term which states which State's Laws apply. If not, then probably the State where the Contract was consummated controls, unless there is another agreement.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I was supposed to receive a refund check for over payment on escrow from mortgage co. It was not received.

They have since sold to another co. Now they will not speak to me. I notified them prior to them selling and said they issued another check. It was not received

Anthony M. Avery
Anthony M. Avery answered on Mar 9, 2020

You will have to file suit, probably for breach of contract from either the settlement statement and/or the sale contract.

Proof of the agreement will be required and may be difficult to prove. The defendant is the new company who is responsible for the debts of the firm it bought. Proof...
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1 Answer | Asked in Collections, Consumer Law and Contracts for Tennessee on
Q: Our company hired a debt collection agency to handle our delinquent accounts. Never paid on money collected.

Our company hired a debt collection agency to handle our delinquent accounts. We have proof that they collected on at least $9150 on one account. They never paid us & we have been trying to get our money paid back to us & they are unreachable. Where do we need to report them & what can we do?

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

You will have to hire an attorney to find out to to serve the Defendant. Then sue, hopefully in a Tennessee Court, but probably you might have to go to the State where you agreed in writing to litigate. Federal

Court probably does not have enough money for jurisdiction here. There...
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1 Answer | Asked in Consumer Law, Criminal Law and Federal Crimes for Tennessee on
Q: My son is 16 and he is accused of theft under$500 plus this is his first offense, so do we need layers when he go to

court and what kind of sentence we should expect

Cayley Turrin
Cayley Turrin answered on Dec 31, 2019

Yes. Juvenile crime is running rampant and the state is cracking down on juvenile crime.

1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Tennessee on
Q: Is there a lawyer that will take my case for theft / unauthorized use of a vehicle?

My daughter stole my car when I was out of town she in fact found my spare key and took my car and wrecked it then she left the scene of an accident I am having a hard time with my insurance as I have stated before she did not have permission and in fact stole my car is there anyone that will take... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

It's up to you, but you could contact an attorney and discuss the matter. Keep in mind that any decisions you make out of anger could haunt your daughter for the rest of her life. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I was served papers by a debt collector to appear in court. Do I need a lawyer and why?

I gave a credit card company the run around when it was time for payments due to the fact that I was currently going from job to job and wasn’t in any position to pay. My account was sold to a debt collector. Now I have papers to appear in court.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

A decent lawyer should examine the Statute of Limitations, any Defenses, Compromises or at least work out a Slow Pay Order. If nothing else he should inform you of Exemptions. Garnishments will follow the Judgment now and in the future.

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: Paid off our loan over a month ago. The finance company will not send the title. What can we do?
Anthony M. Avery
Anthony M. Avery answered on Nov 6, 2019

Not sure what the collateral is. But you may need to hire a competent attorney to file suit. It has to do with the value of the collateral as to whether it is worth the trouble. The Fair Debt Collection Act might give you some relief, as well as a set of TN Consumer Protection Statutes.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: how long does a plaintiff have to refile a nonsuit?
Anthony M. Avery
Anthony M. Avery answered on Nov 5, 2019

Usually anytime up until the rendering of a judgment or a jury verdict, unless there is a pending sanctions motion.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: What can be done to hold Auto Body Shop accountable for damages?

My wife took her car to an auto body shop to fix a paint spot on rear bumper. The car had to be taken back a second time to be fixed properly, but after getting home she found 3 new scratches on front bumper and the interior and exterior was covered in white dust. We don't want to go back to these... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 4, 2019

A Tennessee attorney could answer you best, but your question remains open for four weeks. One of the issues that could materialize if you found yourself in court over this matter is that the judge could ask the shop what their response was. And if they state that they offered to repair the damage,... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Are condo associations required by law to fill out mortgage paperwork that is asking about other owners?

Mortgage company sent information regarding other units in the subdivision. They said it was required by association to fill all the information. It was for a Fannie Mae loan and was needed for the loan to go through. questions like how many rentals, insurance on the homes, how many units closed or... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

None of that information sounds classified or privileged, and it is likely in your condo association by-laws that they may divulge that kind of information to prospective lenders. You'd need to read the by-laws and all amendments, but even then, it's likely permissible without explicit language... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Car Accidents and Land Use & Zoning for Tennessee on
Q: If a city street has been officially studied & identified as overcrowded for 5+ yrs and city continues to approve

development projects that add even more traffic to the same street without any improvements and traffic accidents increase as a result of overly congested streets, could the city be held liable for injuries and damage to vehicles since they knew the street was over capacity but continued to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 23, 2019

You raise an interesting point, and in a textbook-type analysis, your argument would be strong. But in reality, this takes everywhere, and most courts would not be likely to consider such arguments. Most courts would limit their analysis to the immediate parties at hand. Good luck

Tim...
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1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: Are contingency agreements valid without a job estimate?

Signed agreement with roofing company. I had 5 days from insurance approval to explore my options. I told them on day 5 I was not interested. They said since I signed the contingency, I owe them $1000. I was never given a copy of the form, nor informed of that clause. They only stated they got the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 25, 2019

Contingency about what? Was there ever an actual contract? You might need to read the contract and then act accordingly. But if you really want your money back, you will have to hire an attorney to sue in Sessions, and it may not be worth it. And you may not be entitled to the money's return,... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Put a $15,000 tentative down payment on a log cabin kit did not get the kit and they won't give us our money back
Bennett James Wills
Bennett James Wills answered on Sep 19, 2019

That could very well be a breach of contract. You should consult with an attorney to review your contract and the circumstances of the transaction. If the seller did not honor the terms of the contract then you may have to file a lawsuit to obtain your money back.

1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got caught driving on suspended license and no insurance and bumper law what can happen?

I got in speedwell tn state trooper i had sezure about year ago that's why there suspended

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You need to find out from the Department of Safety what you need to reinstate the license. Then spend the money and time to do it fast. Campbell/Claiborne Judges and DA's should give you a continuance if you honestly try to get a TN DL, Insurance and a Bumper. If there was a wreck, then it will... Read more »

2 Answers | Asked in Consumer Law for Tennessee on
Q: How can you get school traffic not to block your personal driveway?

We live in front of the school entrance by and every year we can not get in or out during the drop off in the morning and pick up in the afternoon school board says it's a city issue and the city says it's a school zone so it's school board problem

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Need more facts. But perhaps you could sue to declare the issue a private/public nuisance and seek relief. Best option is to consult with local counsel to determine what, if anything, you can do.

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2 Answers | Asked in Consumer Law, Products Liability and Agricultural Law for Tennessee on
Q: I’d really like to know more about The Tennessee Meat and Poultry Inspection Act, mainly out of curiosity.

I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act

Bennett James Wills
Bennett James Wills answered on Aug 20, 2019

This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.

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