Lawyers, Answer Questions  & Get Points Log In
Tennessee Contracts Questions & Answers
Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: How to get power of attorney over someone thats incarcerated in another county

Do i have to take the papers to the jail for him to sign and be notarized because their notary isnt there how would i go about that? I live in tenn

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

The inmate will have to sign and the signature notarized. You may want to discuss with the jail/ prison as to whether they have a notary or if there is a way to facilitate the process.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I know if I'm getting sued by a creditor?

I had a loan set up on auto payments and they stopped processing them due to lack of funds. They never tried to contact me again. That was almost a year ago and now a sheriff shows up and says I'm not getting sued. I call the office that represents them with no response. The number directs me to a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

What did the Sheriff want if he did not serve you or levy on your property? I recommend calling General Sessions Court for the County that either you borrowed the money in or where you live. Check to see if you are a Defendant on a recent or current case. If you borrowed on a car, is there... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I am trying to find a law firm that handles domestication of foriegn judgement in carter county tn
Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

I recommend David Lufkin in Knoxville, Tennessee. He is the best collection attorney I know of.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A seller is threatening to go to the attorney general for breach of contract, should I be worried?

I drunkenly made a bid on an online auction for some real estate in another state(Illinois). Some time had gone by and my financial situation changed, so I no longer would be able to pay for the auction if I won, which I eventually did. I have no way to pay for the real estate in question and I... Read more »

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

Jurisdiction exists when you contacted somebody in Illinois. I doubt there is any criminal liability, but yes, you can be sued for specific performance, amongst other causes of actions. If sued and served, hire a competent attorney to both represent you, and protect your assets.

2 Answers | Asked in Contracts for Tennessee on
Q: I was just issued a detainer warrant for my, pass due rent. Can I paid the pass due and not get evicted?

We have been talking to them about what is going on and made Partial payments to try to catch up. I am wanting to know should I talk to them about it or wait. And if I have all what is owed can the still evicted us?

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

You might go to Court with the Landlord who asks to dismiss the suit, then you pay him. Otherwise do not pay and get ready to move elsewhere. Talk to him, but realize the Detainer is set for Court, and you do not want to give him money then get run out.

View More Answers

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: What kind of personal property can be seized for the payment to the creditor? I live in TN, and am unsure on what counts

I had to default on a couple note loans that I received in the mail, and a couple personal loans because of financial hardship. I am a veteran and was attending school, but failed my last semester and had to repay the VA money. I lost my main source of income from the GI bill. It's been 5-6 years... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 6, 2020

You can exempt personal property up to $ 10K, then tools of the trade a few other things such part of a Retirement Plan. If you get sued, you must notify the Plaintiff and the Court of your Notice of Exemption. The Judgment Creditor can continuously monitor your property ownership while the... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Can I sue an insurance company for being added to a policy without my consent

Just found out my crazy recent ex has me on her automobile insurance. First of all I don't even have a driver's license second of all nobody talk to me I never signed anything nor did anyone get my consent can I sue the insurance company? I have the insurance card with my name on it and the policy... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 6, 2020

As to the auto policy, you probably have no cause of action since you have no damages at this time. Unless it is provable it hurt your credit rating or something, there is no case. You could file a Declaratory Judgment action to get your name off, but you should just call the Carrier and complain.... Read more »

2 Answers | Asked in Contracts for Tennessee on
Q: A lady wants to buy my business for $1500/mo. For 60 mos. If she fails, how can I make sure I get my money? Collateral?

She may do great for a while but I need to make sure I get my money if she fails. What can I do? Should I even be considering this?

Zachary Scott Gainous
Zachary Scott Gainous answered on Feb 28, 2020

You could require a security instrument or mortgage as part of the sale agreement.

If you go that route, the buyer must agree to put up some collateral (her home, vehicles, or her and/or the business' real estate, assets, or property) in case she misses or refuses to make a payment to you....
Read more »

View More Answers

1 Answer | Asked in Contracts, Identity Theft and Intellectual Property for Tennessee on
Q: It was my idea for the slide to cover phone cameras I got inventionland caught red handed stealing it by fake Litigation

I’m looking for an honest patent attorney to help me claim my hats rightfully mine

Robyn T. Williams
Robyn T. Williams answered on Feb 22, 2020

Additional information is required to properly assess your claim to IP rights. Email me at rwilliams@devlinlawfirm.com to set up time for a call to discuss.

Robyn T. Williams, Esq.

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 Contracts and Landlord - Tenant for Tennessee on
Q: In TN What do I need to do if the judge who gave me possession said my notice of eviction was posted?
Anthony M. Avery
Anthony M. Avery answered on Feb 14, 2020

What is your question? If the Judge gave you possession, then wait ten days and see if the tenants are still occupying the place. Otherwise go back to Sessions Court and ask for a Writ of Possession to be issued and executed. If you did not get possession, then you have a serious problem,... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Government Contracts for Tennessee on
Q: I would like to sue the state of TN for breach of contract. Because I feel my 1st amendment right was violated.

When I signed a contract agreeing to receive the offer that gives theam a right to permote A A and faith based programs.

Do I have a case

Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

An attorney would need to review the contract documents and have a discussion with you further about the facts to determine whether you have any causes of action. Consult a local attorney to assist you.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: A property management company is refusing to show me the terms of a lease until AFTER I sign it. Is this legal?

I’m looking to rent a property with a property management group. However, they have refused to show me the lease before I sign it and pay them my non-refundable security deposit and first month’s rent. Can they legally force me to sign a lease before sharing the details of the contract with me?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

No, landlords or property management companies cannot "force you to sign a lease." However, that is not what they are trying to do here.

FYI: Landlords may lawfully refuse to rent to you unless you agree to do certain things--such as agreeing to put down a reasonable security deposit and...
Read more »

View More Answers

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can Tennessee HomeBuyers sue me or force me to sell them my home. After signing initial sit down agreement

I asked the representative was it a binding agreement before I signed because I was very skeptical. He said that Tennessee HomeBuyers could not force me to sell my home. It was my house and I could change my mind. I made several attempts to cancel the process. I never got a response back. I also... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 20, 2019

Obviously the provable facts will probably decide the case, if a suit for Specific Performance is filed. Is there a liquidated damages clause in the Contract? Was there an earnest money payment? Do you have merchantable title? The Contract itself must be scrutinized as the parol evidence rule... Read more »

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

View More Answers

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 12, 2019

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

View More Answers

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.