Lawyers, Answer Questions  & Get Points Log In
Tennessee Consumer Law Questions & Answers
3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

View More Answers

2 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: is a surety bond company required to investigate a claim or can they refuse pending you prove on the front end.

dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.

View More Answers

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: My mom is elderly & has a rental property that she holds a mortgage and the tenant has not paid rent in 5 years.

Do I have a legal right to assist? She barely has enough to get by each month.

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

Unless you are her Attorney In Fact or other Fiduciary, no, you have no standing. You might check the Deed to see who is the actual owner, so maybe you have an interest. She needs to file a Detainer Warrant today. Actually it may be too late and require Ejectment. She needs a competent attorney... Read more »

2 Answers | Asked in Consumer Law and Collections for Tennessee on
Q: I have a creditor that call all day everyday. For months now . Do I have a case
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you... Read more »

View More Answers

1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on
Q: Bought a $1700.00 mattress and within two months was defective. Can't get refund.

Both retailer & Mgfr agree defective. But we took the Law Tag off. We did not receive instructions from retailer as to Warranty nor did we receive a warranty booklet/tag upon delivery. The retailer offered 50% but rescinded after we went to TN Div of Consumer Affairs. We purchased $7,500.00... Read more »

Tim Akpinar
Tim Akpinar answered on May 24, 2020

At this point, with your post still remaining open, you could try to arrange a brief consult with a Tennessee attorney familiar with consumer law to advise you whether this would be viable to pursue, and your options under arbitration, small claims, or other venues. Unfortunately, the recent... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Can an attorney cancel a hearing the morning of the hearing day? Also want make sure creditor remove off credit report.

A debt relief company has been taking money out of my account for last past year to pay My creditor monthly & at same time settle my case. If anything they hurt me more than helped. Months later I get a summon to court fr creditor filed L-suit of $8k up front or 4 months of $2k. That was bef... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You apparently have an attorney. Make him do his job, and do not expect this forum to interfere with your relationship. If you cannot get him on the phone, go to his office until you find him.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I am a Tennessee resident buying a vehicle in Georgia. How do I register the vehicle before it gets home?

The seller is keeping the plate and I don't have another plate to transfer to it. I know the vehicle needs to be insured before I drive it, but if I drive it home without a plate I'll surely get pulled over, right?

Bennett James Wills
Bennett James Wills answered on May 5, 2020

Call the county clerk's office where you live about obtaining a temporary tag you can take with you.

1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Being charged ON Campus fees (for an ONLINE course) when no campus services are available be deceptive business practice

Being charged ONLINE fee and ON Campus fees when the course is only ONLINE. There is no benefit graduate students have from these ON CAMPUS fees and no lecture is given ON CAMPUS due to the course being ONLINE.

CAMPUS is now closed yet graduate students still being charged for ON CAMPUS... Read more »

Frank J. Steiner
Frank J. Steiner answered on May 1, 2020

Interesting situation. While I agree completely that you should not be charged for on campus services if you are engaged in-line. It would depend on the contract between you and the university. I would first contact the Registrars office by telephone to attempt a resolution

2 Answers | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: I’m currently in a chapter 13, 4th year, will my tax relief check go to my trustee first?
Oliver L Cisowski
Oliver L Cisowski answered on Apr 14, 2020

If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.

View More 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.

View More Answers

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.

View More Answers

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...
Read more »

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...
Read more »

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.

View More Answers

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.

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.