Lawyers, Answer Questions  & Get Points Log In
Tennessee Small Claims Questions & Answers
2 Answers | Asked in Small Claims and Collections for Tennessee on
Q: I am being sued for not paying a credit card. If I’m in debt consolidation and they’re paying in full do I need a lawyer

I’m in tennessee. The case is in June

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2022

Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.

View More Answers

1 Answer | Asked in Civil Litigation, Identity Theft and Small Claims for Tennessee on
Q: Can I sue for theft of property, damage of property, extortion, fraud, forgery, harassment of government law enforcement

9 people involve, police officer on video surrounding my house, and entering my mailbox to receive my info .

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 4, 2022

You may or may not have a Governmental Tort Liability Act/ 18 USC Section 1983 action, as it sounds like you were not charged. But you will need damages, which are capped. Consult with a competent attorney.

1 Answer | Asked in Small Claims and Arbitration / Mediation Law for Tennessee on
Q: I took a loan out like 4 years ago and when I did I signed and they signed an arbitration agreement Then went to court

The arbitration agreement said that I can’t take them to court and that they can’t take me to court but they did take me to court so they breeches the contract right?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 27, 2022

If in Sessions Court, you have to point out the contractual term to the Judge. If in a Court of Record, then file the Answer asserting the arbitration requirement. If defending yourself, you must actively assert your contractual rights or they will be ignored.

1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I am on retirement social security since January 2020, what can i do when a loan company takes me to civil court?

I called a bankruptcy lawyer in 2020, she said it was not worth going bankrupt if I was on social security. Social security could not be garnished. So I just stopped paying the loan company, the balance is a little over $3000.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 16, 2021

Hire a competent attorney to examine your assets. When you are served with suit, then file a Notice of Exempt Property.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Small Claims for Tennessee on
Q: Should I hire an attorney for small claims court to recover personal property from my ex boyfriend?

I left my ex at the end of October 2020. I had to leave all my personal property behind at his house because there is a history of abuse and I needed to get out fast. A ban notice (no trespassing?) was issued against me. Since then, I have made several attempts to arrange for a 3rd party to pick up... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 20, 2021

An Action to Recover Personal Property in General Sessions Court would be the proper way to handle this. It may require a Bond and your assisting the Sheriff's Department. Apparently you are having difficulty, so an attorney might help.

3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
Read more »

View More Answers

1 Answer | Asked in Small Claims for Tennessee on
Q: Is small claims best option to sue a relatives preacher over $4000

Back in 2015 my mom gave her church a big check of my guess $5000 or more from my dad's investment from his job in sales. He was a hard worker. She expected her church to help me out after she died. They never helped me at all.

I even filed a complaint with the IRS and made anonymous... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 13, 2021

Based on your limited facts, its hard to see any potential claim. Seems like the money may have been a gift, in which case there would be no claim. But also, even assuming you were a third-party beneficiary to a contract; it may be hard to pursue any claim for breach of contract based on the... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: My wife received a call today from a debt collector that threatened to subpoena her to court for a bad check from

From 12 years ago for 400$. Is it legal for them to do that or is there an SOL for bad checks in the state of Tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 8, 2021

If there was some reaffirmation of the debt by your Wife, then the normal 6 year SOL starts from there to sue her. The Misdemeanor SOL has long since run. The check language might contain an argument for a 10 year SOL for demand notes, but I doubt it. If a bad credit report is made, contest... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I bought a new home 3 1/4 years ago. The sanitary line failed due to faulty installation. Can I sue for the damages?

I have photo evidence and affidavit from plumber who had to repair it that it was a faulty installation.

Bennett James Wills
Bennett James Wills
answered on Dec 18, 2020

It depends. You may be outside of the statute of limitation period for property damage issues. Consult with a local attorney ASAP to best determine your options.

1 Answer | Asked in Small Claims for Tennessee on
Q: Trading a car even with private party

My husband and I traded a car even from a private party. They guy said it was a clean title to the car so before exchanging titles we made sure everything matched up with the car (title has no lean holder on it) My husband went to register it at the court house and was told it was the wrong title... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 24, 2020

Your seller has ripped you off. Contact him and demand he pay off the title loan and get you a good title. If not, you sue him in General Sessions for breach of contract and conversion. I do not believe there are criminal violations here, but you might call the Sheriff. Recission and return... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: What can I do if I purchased a vehicle from a private party and they agreed to have it ready by a date but now refuses

We purchased a vehicle from a private party and it needed work so the private party agreed to do the work themselves and have it ready so we began paying on it. After the private party pushed the date of completion by 2 months and we really need a vehicle so we asked for a loaner or for our money... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2020

That is a potential breach of contract. If no money has been paid, I would forget about it. Otherwise you might sue yourself in General Sessions Court. If you obtain a judgment, hire an attorney to collect.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Is it legal for someone to work on their own car and do their own repairs in Nashville, TN?

If there is, what section code is that under?

Bennett James Wills
Bennett James Wills
answered on Oct 28, 2020

You can work on your own car. If it was illegal there wouldn't be AutoZone stores everywhere. But if you are on private property, say in an apartment complex, you may be prohibited from working on your vehicle on that particular property, for example.

1 Answer | Asked in Small Claims for Tennessee on
Q: Can a neighborhood home association fine you for not having specific font on a mailbox? It hasn't been an issue for 3yrs
Paul E. Tennison
PREMIUM
Paul E. Tennison
answered on Oct 14, 2020

Most likely, yes. HOAs are based on contract law and most HOA governing documents give the HOA wide discretion to fine homeowners for "violations" which can include such minor things as font on a mailbox. To know the answer for sure, I would need to review the HOA governing documents to... Read more »

1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: Post dated a check for 01OCT lender cashed 16SEP resulted in hardship

I called them to complain about this error and get the money back because they had left 3$ in my bank acc and they said 7 days to get a check... okay whatever 10 days later I called turns out they processed the check. I read TN penal codes and nothing discusses this issue only what the check cashed... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 12, 2020

No.. You gave them a check, and they cashed it at their leisure. This happens all the time, and the payee is not breaking a law by negotiating the paper early. You could try to sue the payee for breach of contract, but it is not advisable.

1 Answer | Asked in Small Claims for Tennessee on
Q: My father in law just passed no POA or executor, all he had was a car with a loan on it. Can i not purchase that car?

It was a buy here pay here place and they want to take the car immediately and sell at auction and do not want to wait until we file Small estate to be executor. He is current on payments and a payment was just taken out of his account for this months payment after he passed. We just wanted to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 20, 2020

If you have th Title in the Deceased's name (subject to the debt lien), then his Next-Of-Kin own it. Without the Title though there is little to argue as you have no standing. Possibly with the Small Estate Affidavit, the Administrator might sue for Breach of Contract on behalf of the... Read more »

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.