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Tennessee Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation and Contracts for Tennessee on
Q: 2 month old leased car stolen. Ins. paid bank directly. Bank kept all additional down payment 22K. and deceived me. ???
Anthony M. Avery
Anthony M. Avery answered on Nov 15, 2021

What is your question? Insurance will pay off lender not you, as you are not the owner.

Read your Contract, but it is doubtful that you have any contractual rights for a refund.

Hire an attorney for a consultation after reading your Contract which you agreed to. I doubt Equity...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I bought cashiers checks several years Ago and bank is refusing to accept them. What should I do?

I deposited checks into a different financial institution as the void date is near. I went to the bank and they stated there was nothing they could and referred me to a property claim website. In looking on the site there were no claims attached to my name. In speaking with the treasury department... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 1, 2021

Cashier's Checks are the issuing Bank's own Note. Hire a very competent attorney to sue the Issuing Bank for wrongful dishonor, possible breach of contract, etc. You may have to sue the Bank in its own jurisdiction. Is the Bank still in business? It sounds like it folded and... Read more »

1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
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1 Answer | Asked in Banking for Tennessee on
Q: I currently own my home outright and it’s valued at 1.8 million to 2 million. I’m currently unemployed but need to

Take out some cash to pay off some bills. I have approximately $60,000 in a retirement account another $30,000 in cash. What would be the best avenue to take in my quest? Your thoughts would be greatly appreciated.

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

If you put a Deed of Trust against that real property, the lender will foreclose immediately upon any default, not just non payment of the Note. I recommend not borrowing against the home and do not suffer a Judgment against you. The Judgment will be executed against the property.

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.
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...
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1 Answer | Asked in Banking for Tennessee on
Q: I have a credit company calling about a supposed unpaid debt from US Bank credit card. What is SOL for Tennessee?

I lived in VA when the alledged credit card was used. They said that the account was paid on until 2008, which I deny, or if it was it was not from me.

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2020

Ten years from your last payment on the debt which is a breach of contract.

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
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.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Adam Savett
Adam Savett answered on Sep 10, 2020

It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.

You see there are different parts of a loan - origination and servicing.

Loan origination is the process by which a borrower applies for a new loan, and a lender processes that...
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1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

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

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
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1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as... Read more »

2 Answers | Asked in Banking, Identity Theft, Criminal Law and Civil Rights for Tennessee on
Q: My caretaker took $30,000 out of my bank account using my pin number after he his my medication and made me bed ridden.

The bank denied my despute. What can I do?

Cayley Turrin
Cayley Turrin answered on Jan 5, 2020

I would talk to the police.

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1 Answer | Asked in Criminal Law and Banking for Tennessee on
Q: If you are given someone's debit card freely and it is used several times how do you prove you didn't know it was used?
Cayley Turrin
Cayley Turrin answered on Dec 11, 2019

Well first problem is why do you even have someone else's debit card? That is a big issue in this fact situation.

1 Answer | Asked in Banking for Tennessee on
Q: Can I get my car that's paid off exempt from seizure? If I lost my job and defaulted in a cc?

Someone came to my roommates house today and dropped papers off for me and it just so happen to be a civil summons in regards to a c.c bill I defaulted on when I lost my job. I know they can take whatever I own in order to satisfy a judgement but it also says that if I want property exempt from... Read more »

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

Hire a competent attorney that understands notes and exemptions. Few know how to exempt property, which is what you should do now and in the future for at least 10 years. The attorney should attempt to make the contract debt as painless as possible, then properly exempt your chosen personal... Read more »

1 Answer | Asked in Banking, Contracts and Collections for Tennessee on
Q: If a contract is drawn up that uses aspects of various titles and chapters in TN, is that contract valid if its signed?

Specifically Title 45 chapters 12 and 15 and Title 47 chapter 9 in TN state law. Using, not one set, of complete code guidelines, but pieces of all of them.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

The contract can have whole statutes or partial statutes. It can be whatever the draftsman wants and the parties agree. Hire a competent attorney to examine it and see if it is enforceable, complete, unambiguous and non-contradicting.

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

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2 Answers | Asked in Banking and Contracts for Tennessee on
Q: How do I get compensated for Timeshare fraud? I have a team calling me saying that they can get my money back if I pay t

I am a victim of Time Share Resale fraud. I reported it to the state of FL. Now some 3 or 4 yrs later I now have a company named Consult and Recover saying that I have been approved for slot 63 of 65 for a payout since the Fraudulent people have been caught. The money is in an offshore account and... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 5, 2019

From just reading your question, the first impression is that you're dealing with a scam. However, if that CA attorney checks out, then it may not be a scam. One would need much more information to make that determination.

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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: So i was told I'd never get a lawyer to take my case.. I have more questions about banking though.. Like why does it say

Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.

1. All bank customers who deposit checks that later bounce are...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: Im being sued by a credit union. I was caught up by a, scam and lost over $3000. I asked b4 cashing the check. They ok'd

In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.

FYI: Whenever a check you deposit bounces you must repay all the money...
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