Lawyers, Answer Questions  & Get Points Log In
Tennessee Small Claims Questions & Answers
2 Answers | Asked in Consumer Law, Civil Litigation, Collections and Small Claims for Tennessee on
Q: What do I do now?

Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 9, 2024

If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.

View More Answers

1 Answer | Asked in Civil Rights, Libel & Slander and Small Claims for Tennessee on
Q: If someone threatens or says they can obtain private information from the FBI about me, could I press charges on them.

I was at their house and she told me she could obtain private information on me. It was verbally said. I was not the only one who heard this as well. I have 2 other witnesses.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

If someone threatens to obtain private information about you from the FBI, this situation raises concerns, but whether you can press charges depends on the specifics of the incident. In general, making a threat to obtain and possibly use private information can be seen as intimidating or harassing... View More

2 Answers | Asked in Civil Litigation, Civil Rights and Small Claims for Tennessee on
Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?

The person has also made verbal threats to the person they are posting about.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a... View More

View More Answers

2 Answers | Asked in Civil Litigation, Civil Rights and Small Claims for Tennessee on
Q: What actions can be taken against someone who has posted a hateful image of someone else on a public forum negatively?

The person has also made verbal threats to the person they are posting about.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

In Tennessee, posting a hateful image of someone else on a public forum and making verbal threats can lead to both legal and civil actions. The nature of the image and the threats can determine the specific legal remedies available.

If the image falls under defamation (libel if it's...
View More

View More Answers

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: My loan company paid the wrong company. Now they tell me to collect from them- instead of them

I placed an order with Fabtools.shop but affirm paid Sport Haley LLC.

affirm will not return my $284.60. Tried for weeks now with letters filing complaints but they keep telling me to collect from Sport Haley LLC. How could I do that ? I never heard of Sport Haley LLC until I saw their... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

Affirm's actions may be considered a violation of Tennessee's Consumer Protection Act, and you can file a complaint with the Federal Trade Commission (FTC) for further investigation. If the amount in dispute is below the small claims court limit in Tennessee, you could file a lawsuit... View More

1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

2 Answers | Asked in Small Claims, Gov & Administrative Law and Municipal Law for Tennessee on
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?

They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2023

In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your... View More

View More 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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: I have a question about and affidavit of debt i received with a court summons

It's for a debt collection for a rental property we have to leave. It's the amount for the remainder of the contract.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2023

Apparently you signed a lease contract and losing possession. You are being sued in General Sessions for the rent monies under a sworn account. If you dispute the amount, you will need to file a written and sworn denial with the Court. If you do not contest it, a judgment for rent, costs and... View More

1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: If a man puts a letter in our mailbox and he is not a resident of our household, is that breaking the law?

I was in a car accident, and we were sent a bill through an insurance company. (We are yet to pay it) After, about 3-4 weeks later, he sent a personal letter with his phone number and a separate bill for the part he needed. It is hand written. We are not sure what to do.

As stated before,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

It is not necessarily illegal for someone to put a letter in your mailbox if they are not a resident of your household, as long as they do not tamper with your mail or use it for fraudulent purposes. However, it is generally not recommended to do so without permission from the homeowner.... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: If a towing co volatiles TCA 55.16.112 & 55.16.103 towing a vehicle parked less than 48hr how do I get my vehicle

I parked my 04 Dodge Durango which is insuranced & tagged in the state of Tennessee, in the parking lot of the dollar general store, I went in bought some stuff & when I started to leave my Durango had broken down, I asked the store manager Miss Sheaffer if I could leave it until the next... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

You might file an Action To Recover Personal Property in General Sessions. Defendant may sue and/or defend on their fees. But at least you will get it going, but you may have to tow it away again if not fixed. Sessions has some equity jurisdiction, so a lawyer would be helpful.

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
Henry Ambrose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: ex-boyfriend paid half my plane ticket. Can he send a lawyer after me when I refuse to send him his half after break up
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2023

Maybe. But he will have to file suit and serve you. At Court you might dispute the Debt, especially under the Statute of Frauds if enough money is involved. Even after Judgment, he may not be able to collect.

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023

You will want check out the financial condition of anyone you are going to sue. Especially land records might be beneficial for a prospective lien, or employment and banking for garnishment.

View More Answers

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Small Claims for Tennessee on
Q: Do I need a lawyer in circuit court appeal of a general sessions judgement.

A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.

1 Answer | Asked in Small Claims for Tennessee on
Q: Am I entitled to a share of land inheritance that I paid a loan on 25 years ago, that was taken from me secretly in TN.

I need the statute of limitations on land stolen in Tennessee.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2023

SOL is usually 7 years. It does not sound like you had any claim to title unless you were an heir at law. If so, then you might be a tenant in common. Making a loan does not make you an owner.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: In TN, can a property owner request copies of workman's Comp certificate, auto insurance, and liability coverage?

I want work to stop until I have proof.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

You do not have a right to see those documents. But you can demand them now. If you terminate the contract you may be sued. Those are issues you address before signing the contract.

2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023

Contract actions usually exclude consequential damages. Tort claims might include such damages. No

small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.

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.