Tennessee Civil Litigation Questions & Answers
Q: what if you don't appear in civil court? Also what if you 're on SSI and can't pay the judgement?
Anthony Marvin Avery's answer
More than likely a Default Judgment will be entered against you and any other Defendant. If your SSI goes into a Bank Account with your name, it is very easy for the Judgment Creditor to Garnish it. You will need to file a Notice of Exempt Property with the Court.
More than likely a Default Judgment will be entered against you and any other Defendant. If your SSI goes into a Bank Account with your name, it is very easy for the Judgment Creditor to Garnish it. You will need to file a Notice of Exempt Property with the Court.
Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer
1 Answer
| Asked
in
Business Law, Civil Litigation, Construction Law and Consumer Law
for
Tennessee
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
Q: PLEASE HELP AND PLEASE READ. Is there a way to find out who called dcs on me?
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Libel & Slander
for
Tennessee
on
Answered on Mar 30, 2019
Answered on Mar 30, 2019
Q: Someone is pretending to be me , what do I do?
1 Answer
| Asked
in
Criminal Law, Personal Injury, Civil Litigation and Libel & Slander
for
Tennessee
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Leonard Robert Grefseng's answer
Call the local police/detectives office- get the documents together and explain the whole history to them. If the other person has committed identity theft, the police will instruct you on how to prosecute them.
Call the local police/detectives office- get the documents together and explain the whole history to them. If the other person has committed identity theft, the police will instruct you on how to prosecute them.
Q: My landlord said I had to move in 30 days so she can renovate the house this is before my lease is up is that legal?
1 Answer
| Asked
in
Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law
for
Tennessee
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Anthony Marvin Avery's answer
If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...
If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...
Q: Can my mother in law sell my motorcycle that she gave me permission to store it there?
Anthony Marvin Avery's answer
Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.
Probably not as the motorcycle has a Certificate of Title. But she might claim a Mechanic's Lien and after running a Notice, then apply for a new Title.
Q: Can I get a lien on a landlord for not giving back the deposit
Leonard Robert Grefseng's answer
If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.
If by the term "lien" you mean a claim to be filed in the land records office ( the register of deeds) - the answer is NO. However, you do have the right to file a lawsuit against the landlord for recovery of this money, and if you win that lawsuit and after winning, he refuses to pay you, you can then record the lawsuit judgment in the deeds office as a "judgment lien. Its always best to consult a lawyer before filing the lawsuit.
Q: If a subpoena was given to me by a non law enforcement official or lawyer, is it still valid?
Anthony Marvin Avery's answer
Most certainly. Many process servers are non-law enforcement. They are all required to make a proper return to the Court as to whether the Subpoena was served or not.
Most certainly. Many process servers are non-law enforcement. They are all required to make a proper return to the Court as to whether the Subpoena was served or not.
Q: My LLC company took payment and never delivered the goods. The customer sued me personally and won against me.
Anthony Marvin Avery's answer
The corporate entity that should have been the Defendant should have been brought to the Court's attention earlier. If it is not too late, you may wish to file a Rule 59 Motion or an Appeal. Hire a competent attorney immediately. If it was General Sessions, you have 10 days to file for a new trial in Circuit.
The corporate entity that should have been the Defendant should have been brought to the Court's attention earlier. If it is not too late, you may wish to file a Rule 59 Motion or an Appeal. Hire a competent attorney immediately. If it was General Sessions, you have 10 days to file for a new trial in Circuit.
Q: how can I get possession of a car that I signed for and is titled to me
Anthony Marvin Avery's answer
You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.
You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.
Q: I was the 1st and only lien holder of this motorcycle they pawned it the pawn shop forged my name after taking mine
Anthony Marvin Avery's answer
You have to sue the Thief and the Pawn Shop for Conversion. You may be able to file it yourself in General Sessions Court, but preferably hire an attorney.. But it may not be worth the effort. Even after you get a Judgment, you will have trouble collecting. Service on the Thief may be difficult. It appears that the Pawn Shop will not be criminally liable nor will their License be in jeopardy. If you know where the bike is, you might be able to file an Action To Recovery Personal Property...
You have to sue the Thief and the Pawn Shop for Conversion. You may be able to file it yourself in General Sessions Court, but preferably hire an attorney.. But it may not be worth the effort. Even after you get a Judgment, you will have trouble collecting. Service on the Thief may be difficult. It appears that the Pawn Shop will not be criminally liable nor will their License be in jeopardy. If you know where the bike is, you might be able to file an Action To Recovery Personal Property...
Q: How do I find out what the Statute of Limitations is for a Civil case filed in the U.S. Western District Court of TN?
Anthony Marvin Avery's answer
Generally a Federal suit is controlled by the appropriate State Statute of Limitations. In Tennessee, personal injury is 1 yr, property damage is 3 yr, real estate/title actions are normally 7 yr. and so on. Occasionally a federal cause of action will have federal statute of limitations. You need a lawyer to see what type of case you have, and whether it can be prosecuted.
Generally a Federal suit is controlled by the appropriate State Statute of Limitations. In Tennessee, personal injury is 1 yr, property damage is 3 yr, real estate/title actions are normally 7 yr. and so on. Occasionally a federal cause of action will have federal statute of limitations. You need a lawyer to see what type of case you have, and whether it can be prosecuted.
Q: What is the statute of limitations on an unauthorized female genital mutilation in the state of tennessee. felony in TN
Anthony Marvin Avery's answer
SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
Q: My ex gave me our dog when we split. Now she is claiming she will have a warrant issued for theft if I don’t return him.
1 Answer
| Asked
in
Animal / Dog Law, Civil Litigation and Domestic Violence
for
Tennessee
on
Answered on Dec 21, 2018
Answered on Dec 21, 2018
Anthony Marvin Avery's answer
It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.
Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.
It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.
Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.
Q: If a vehicle is seized for a criminal act and the vehicle has a lien holder will the bank return to person with lien?
Anthony Marvin Avery's answer
If the Lienholder does not make a Claim with a Bond within a very short period, just like you have to, then they do not get the collateral back. The Lienholder was probably notified of the Forfeiture Seizure, and the Notice of Seizure should have both your Name and your Lender. If they do get the vehicle, it will probably not satisfy the Debt, and they will be after you for the Note Deficiency.
If the Lienholder does not make a Claim with a Bond within a very short period, just like you have to, then they do not get the collateral back. The Lienholder was probably notified of the Forfeiture Seizure, and the Notice of Seizure should have both your Name and your Lender. If they do get the vehicle, it will probably not satisfy the Debt, and they will be after you for the Note Deficiency.
Q: Are there different rules to follow if you're suing a government entity versus a civilian or non-government business in
Mr. James Charles Wright's answer
State Government- different "court"
Local government same rules, same court.. but there are some statutory differences.
State Government- different "court"
Local government same rules, same court.. but there are some statutory differences.
Q: can agent be held responsible for writing up bad life policy
Mr. Kent Thomas Jones Esq.'s answer
That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.
That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.
Q: Sisters own 30 acres 50/50 one want to build on her 15 other wants to force sale of all 30Can she force sale of all 30
Anthony Marvin Avery's answer
Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as...
Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as...
Q: I was convicted of a bank robbery in 2005, I would like to know is there anyway to get my gun rights back even though
1 Answer
| Asked
in
Civil Litigation, Criminal Law and Federal Crimes
for
Tennessee
on
Answered on Oct 23, 2018
Answered on Oct 23, 2018
Anthony Marvin Avery's answer
The normal answer is no. There is an ATF Regulation that sometimes grants ownership of a specific firearm, but it is almost never granted, and never upon a violent firearm criminal conviction. A competent NRA lawyer can advise you of your weapon options.
The normal answer is no. There is an ATF Regulation that sometimes grants ownership of a specific firearm, but it is almost never granted, and never upon a violent firearm criminal conviction. A competent NRA lawyer can advise you of your weapon options.
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