Lawyers, Answer Questions  & Get Points Log In
Tennessee Small Claims Questions & Answers
2 Answers | Asked in Collections and Small Claims for Tennessee on
Q: How can I collect my judgement ?

I have a judgement by default from 2016 for 25k @5.5% . The debtor was a business owner who took money/property from multiple people before taking everything of value from the business and ran away. I did get a wage garnishment for a couple years, only because of a rumor and some luck until he was... Read more »

Bennett James Wills
Bennett James Wills answered on May 14, 2020

You can use the Tennessee Property Database https://assessment.cot.tn.gov/RE_Assessment/ to try and see if the debtor owns property. Maybe that's the same one you mentioned.

You have some collection tools available. You could send interrogatories in aid of execution, take a deposition,...
Read more »

View More Answers

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I want to take a flooring company to small claims court to get my money back for flooring I never received.

The location I got it from closed down. Do I need go to the court in the county where the closed location is or the county with their only open location?

Bennett James Wills
Bennett James Wills answered on May 11, 2020

It's a business. Closed or not, you can sue them where the contract was entered into, where the product was to be delivered, or any particular county where they have a principal place of business, or where the contract specifies. If they are out of business, you may be able to obtain a... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: October 10, 2017 I gave my then girlfriend $2000 to help with her debt. Do I have a case to get it back?

Obviously verbally said she'd pay me back, but I doubt I could find text messages proving she did have that intent. I have the cashier's check with both our names on it still.

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

You can sue her in General Sessions Court for a Stated Account. It costs money to file and serve the Warrant. And be aware that getting a Judgment is the easy part, collecting upon it is difficult.

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... 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 Small Claims for Tennessee on
Q: I am the defendant and the plaintiff has a writ of possession for vehicle.

Do i have to deliver vehicle to her driveway. It's not hidden. She could pick up anytime but refuses because it's in another county

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

The Judgment is for Possession, not for money against you. So I would not worry about it too much. I suggest calling the Sheriff of the County that issued the Writ and inform him of the location of the car and key, if you do not wish to take the car to her home. You do not want to be accused... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: Install new hvac in house customer agreed by text go ahead same day he closed on house and sold now cannot get paid
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

You have to file a Mechanic's and Materialman's Lien. You need a competent attorney to both file it, and possibly execute on it in Chancery. You do not have much time.

1 Answer | Asked in Small Claims for Tennessee on
Q: My 86 yr old mother had a water leak fixed, they broke countertop, made mess of top trying to fix And never came back

She had to buy new countertop, man told her he would sue if she tried to make him pay for replacement. Elderly abuse? Ripoff

Tim Akpinar
Tim Akpinar answered on Jan 27, 2020

A Tennessee attorney could offer the best answer here, but your post remains open for two weeks. This doesn't really look like elder abuse; that's something more along the lines of a person in a position of trust taking advantage of an elderly person. Without more details, it's... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: my husband has a judgement on him and im not listed what can happen to me?

I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Tennessee on
Q: What is here. She'll can I take ownership back of my puppy

My dog had puppies I gave one at to a neighbor they're not taking care of it can I legally take back ownership

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

If you gave it away it would no longer be yours to re-possess unless you have a written contract that would permit you to do so. For example, some animal shelters make the person adopting sign a contract that contains a clause stating that abuse or neglect of the animal would be grounds to take the... Read more »

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want... Read more »

1 Answer | Asked in Intellectual Property, Real Estate Law and Small Claims for Tennessee on
Q: My now ex and I are on a mortgage together but he left the property 2 months ago. Does this count as abandonment?

Am I obligated to give him anything in the home cause the police advised me to change locks when he left and I have. What are my options on this matter? We are not married to each other.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

No abandonment involved. You are jointly and severally liable for the full Note amount. The cops advice has no relevance to a possible distribution of marital property. Divorce may be an alternative, but it will not pay the note, insurance and taxes. Decide if you want house, then go from... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: If I have a misdemeanor theft charge from 7 years ago that was expunged and deferred, does 1st charg I get a 2nd charge,

Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 16, 2019

I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: What can be done to hold Auto Body Shop accountable for damages?

My wife took her car to an auto body shop to fix a paint spot on rear bumper. The car had to be taken back a second time to be fixed properly, but after getting home she found 3 new scratches on front bumper and the interior and exterior was covered in white dust. We don't want to go back to... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 4, 2019

A Tennessee attorney could answer you best, but your question remains open for four weeks. One of the issues that could materialize if you found yourself in court over this matter is that the judge could ask the shop what their response was. And if they state that they offered to repair the damage,... Read more »

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I live in Tenneesee, The woman who owes me money by oral contract lives in colorado. In what state do i file? TN or CO?
Anthony M. Avery
Anthony M. Avery answered on Oct 31, 2019

Unless you can prove the contract was made in TN, and it will be almost impossible with an oral agreement, you better file and serve a suit in COL. That State may be where you would want to collect it also. Start calling lawyers in COL, and know exactly what happened when you talk to them.... Read more »

1 Answer | Asked in Products Liability and Small Claims for Tennessee on
Q: Didn't sign my whole name on both parties sheet, stamp was not done at time of signing, did not sign notary jornal

Leave in Tennessee is this notary valid

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

Probably not a problem. Journal entry is not required and the Seal can be affixed later, but needs to be there prior to the instrument being used or relied upon. Notaries should sign their full names, but often do not.

1 Answer | Asked in Libel & Slander and Small Claims for Tennessee on
Q: My cousin told me she was going to Seattle, and then going to Los Angeles and on to Sacramento then back home. I paid

$638 for Seattle alone and then another $360 for the California trip. Unfortunately I was hospitalized Western State and was there for 3 days. Upon my release which was also 1 week out to go to Seattle, I was unable to go do to a new medication and I told my cousin immediately but she didn’t... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

I can't tell why you would be sued for the facts provided? Did you promise to pay for the trips? She may not have a good case, but unfortunately, if you are sued you should appear at the court date. Otherwise, you risk having a default judgment entered against you.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on
Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

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

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on
Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 20, 2019

What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... 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.