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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Tennessee on
Q: I live in Tennessee. I want to file a small claims action against Samsung Electronics USA. Not sure where to file.

Samsung's headquarters is in New Jersey. Do I file in Tennessee or New Jersey?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 28, 2023

In Personam Jurisdiction varies greatly. If there is a contract, it might have a jurisdiction term, or you might be able to sue in the County where it was formed. With a tort, where the injury occurred. Almost always you can sue in the defendant's home place. Depending on the case, you... Read more »

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Tennessee on
Q: A cruise line said we owe them from a canceled 2020 cruise that never sailed. They said a double refund we never got it

Upon investigation the bank said we didn’t owe them anything and they saw one refund . I supplied a a letter from the bank and statements to show we got one refund . The cruise line accountant told us to wire the money or they will cancel our new cruise we have booked .trust me I checked and... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

If you have evidence that you received the double refund that the cruise line is claiming you owe them, and you have provided this evidence to the cruise line's accounting department, but they are still threatening to cancel your new cruise unless you wire the money, it may be advisable to... Read more »

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
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answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... Read more »

1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
Read more »

2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... Read more »

Tammy Lee Hussin
Tammy Lee Hussin
answered on Jan 12, 2023

If the calls are automated and you have no business relationship with the mortgage company, you might be entitled to statutory damages under the Telephone Consumer Protection Act. If you answer the calls and you hear an automated voice prior to speaking to a live representative, you should reach... Read more »

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1 Answer | Asked in Consumer Law, Federal Crimes and Social Security for Tennessee on
Q: What kind of lawyer I need to talk to about my social security number keeps popping up that I'm deceased since last year

An extended friend of mine got a call from a funeral home last year saying I gave them that number which wasn't mine to make plot arrangements and burial plots for myself and every since then I been popping up as deceased even when I went out of state and tried to buy a phone it showed I was... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Tennessee attorney could advise best, but your question remains open for five weeks. It would be helpful for the lawyer to have experience working with personal information with government agencies. Maybe reaching out to identity theft, social security, privacy & security, or other attorneys... Read more »

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
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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, 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 Contracts for Tennessee on
Q: Dealership forged signature on contract sent to lending company. Has different terms and payments.

I signed a loan contract for 4.90% APR, dealership sent contract to lender showing 4.99% and forged my signature on the contract.

Is it worth pursuing? Only option given by dealership is signing an updated contract for 4.99APR.

Car purchased in Nashville, I reside in Cincinnati.

Anthony M. Avery
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Anthony M. Avery
answered on May 24, 2023

You might inform seller you are paying only the actual contract amount of 4.9%. Especially in OH it will be difficult to repossess. Tell them if they have a problem you will call Davidson County Sheriff about the Forgery, which a lawyer cannot do.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... Read more »

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: My apartment maintenance entered my apartment without notice. Is this legal?

My apt maint entered my apt due to the apt below me having a water leak. The apt did not give any notice prior to entering my apt and found that the my apt was not contributing to the leak. The lease states owner may enter at any time to prevent damage to property without written or verbal notice.... Read more »

Bennett James Wills
Bennett James Wills
answered on May 22, 2023

If they had reason to believe that the water leak was coming from your unit then their conduct would likely fall under the emergency exception to the notice requirement under the lease and the landlord tenant act.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Is it illegal for a dealership to require a down payment?
John Michael Frick
John Michael Frick
answered on May 14, 2023

No. It is very common because cars frequently depreciate more than the amount paid early in the term of a car loan.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: I purchased a tax sale property in January. I'm seeking an attorney

I purchased a tax sale property in Jan. i did my due diligence before i even brought it. I was assigned the property On April 1. I found out they condemned the property in feb when I went to try to sell it out. I was defrauded out of my money and I want my money back plus more.

Anthony M. Avery
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Anthony M. Avery
answered on May 8, 2023

Unfortunately tax sales sometimes purchase nothing. However it can also clear a title. Did you search the Title? There are probably some code complaints filed. You also have to get a Deed not just the bill of sale, and deal with the owners/heirs redemption rights. It is doubtful that any... Read more »

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I got sue from the fitness center from breaking the 3 year contact when I'm not even signed I was out of the country

I got sue from the fitness center from breaking the 3 year agreement when I'm not even signed I was out of the country when the agreement was signed it was my husband who signed the contract so my question is,is this contract valid?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 28, 2023

If there is a judgment, then you must attack it for lack of jurisdiction. The merits may not help. Hire an attorney or prepare to be garnished/executed upon, where you need to assert your exemptions.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I cancelled a "warranty" added by the auto dealer without telling me. Can the lender apply to interest and fees first?

I purchase jan 11 and they still havent paid taxes so i don't have tags or registration. Was only given a ten day temp. Im in Tn, dealer was in Alabama but he brought the car to my home in Tennessee, where we signed the documents.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 19, 2023

It sounds like the contract is in AL, so call an AL attorney.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Tennessee on
Q: Is there any way to work out with the lender the payment if I’m surrendering the vehicle ?

I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed

Anthony M. Avery
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Anthony M. Avery
answered on Mar 24, 2023

You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.

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1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I had A home built but it has major problems with foundation and roof and electrical. I filed a complaint with Tn Board

The contractors board seems to not care about the damage this guy has done to my home. They continue to issue him , license under different names and addresses. But I found out yesterday that he forged my electrical permit and he is not even license to do electrical work but he did the entire... Read more »

Henry Ambrose
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answered on Mar 1, 2023

It sounds as if the contractor may not be properly licensed or doing work he is not licensed to do. This may violate the contractors licensing statutes and the Tennessee Consumer Protection Act. The TCPA allows for treble damages and attorney's fees. This can get pretty complicated --- you... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
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Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

1 Answer | Asked in Consumer Law for Tennessee on
Q: If I am getting subpoenaed for a debtors examination, can I demand the plaintiff pay for a court reporter?

They know I have no assets, so they are doing it as a form of harassment ( I have already submitted written answers). It also requires me to travel 100+ miles. If I do have to go, what techniques can I use to make it as expensive as possible for them so they finally understand their ROI is zero? I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

You need to hire an attorney to look at your financial condition and file a Notice Of Exempt Property.

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