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Tennessee Civil Litigation Questions & Answers

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on

Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that either... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Land Use & Zoning for Tennessee on

Q: Owned home in Nashville,TN almost 12 yrs.My neighbor 2 doors down bought the house between us 4Airbnb/Rs13 enchroached

My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked him in... Read more »

Anthony M. Avery answered on Aug 30, 2019

You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: My question is regarding terminating a lease in Tennessee.

I have a landlord who has openly said to my husband and I that he hid wires in the breaker box to pass the electrical inspection so he didn’t have to fix it “the right way”. He was supposed to fix the driveway a month ago and hasn’t, he was also supposed to fix the steps to the front porch... Read more »

Anthony M. Avery answered on Aug 15, 2019

All the Landlord can do is sue you, then try to collect a judgment. If he sues then file your own Civil Warrant for the Security Deposit and whatever remedies that apparently the Landlord/Tenant Act allows for you if you are in one of those Counties. Keeping the Leasehold in a habitable... Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on

Q: i was served a forcible entry and detainer or an unlawful detainer made by the defendant ....what dose this mean

Leonard Robert Grefseng answered on Aug 5, 2019

The landlord/property owner wants possession of the property, or in other words, this is an attempt to evict you ( make you move out).

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Is it mandatory to have a Procedure Manual in the office?

Tim Akpinar answered on Aug 2, 2019

You could add Employment Law to the categories for your question; it would have a better chance of being picked up. This is something an employment attorney would know. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on

Q: Man with no lease, refusing to pay, doing drugs, and vandalizing our property.

We have a 37 year old man who is refusing to leave our house. His girlfriend kicked him out and we said he could stay with us for a little until he gets his own place. He has a job and He is to pay $100 each week and a portion of the water and electric. That was the deal. He was caught doing drugs... Read more »

Anthony M. Avery answered on Aug 2, 2019

You might be able to file a Detainer Warrant. I admit that I do not know if this will work since you are not the landlord or the owner. However you and your Wife are entitled to possession as you have a Lease. Ask For Possession Only so the Officer can post it if personal service is not... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Can you tell me if at residential property we are living needs to supply the residents with adequate parking?

When we moved to this new residence in June we were told parking was first come, first serve. After we registered our vehicles with them, as there are 2 of us to this household with 2 cars, they are now telling us both of us cannot park here and have to park 1 car in another lot which is not owned... Read more »

Paul E. Tennison answered on Jul 24, 2019

No, to my knowledge there is no law that would require residential properties to provide any certain amount of parking spaces. For example, many large cities in the US do not have any parking included in the residential leases. Yet, even without a legal requirement for them to provide the parking,... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: My car was stolen in march? Never found it tow company had it never told me

Got letter last week demanding money wont release car

Anthony M. Avery answered on Jul 22, 2019

If you do not pay the towing/storage charges, your only hope is to sue the Towing Company for Conversion. This would be for under $ 25K in General Sessions Court, but you will need to know the identity of the Defendant, plus its agent and address. I recommend you hire a competent attorney.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: Rented a cabin for a week, first day we find a bug infestations. They are offering to move us tomorrow but to stay atm.

Mr. James Charles Wright answered on Jul 22, 2019

I am not sure what your question is. If you are unhappy with your arrangements- ask for a credit or other benefit.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: How do I get an awarded judgement from the person? Judgement was awarded for $4900 cant garnish wages according to court

I took some people to court for doing damages to my car. I was awarded $4900 for property damages. The people involved was my ex-husband and his girlfriend. My attorney wrote it up as support / alimony to prevent it from being charged off on a bankruptcy if they filed for that later in the future.... Read more »

Anthony M. Avery answered on Jul 15, 2019

I am not sure what you were awarded, as it sounds like an agreed judgment for divorce. If in the divorce, it is enforced through contempt. But if awarded for tort, then you may never collect. A judgment lien may be your only realistic option. Sometimes you can do post judgment discovery.... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: Contractor never finished job as contracted, they have kept us waiting for a whole year, can we file a small claim?

We initially contracted the company to pour concrete on our patio, but after taking the down payment, they only pour a small corner. We have called and demanded them to either finish the job or return the money, but they only say they will get the job done. This has led on for a whole year, can we... Read more »

Anthony M. Avery answered on Jul 15, 2019

You have a 6 year SOL, unless a contract says otherwise. Yes, you can sue for Breach of Contract, and maybe other causes of actions. But you need to know exactly who to sue and where to serve them. Good luck collecting any judgment. The best you may be able to do is get a judgment, then file... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: i had to bury my mom in 2015 and then my dad in 2018.. my brother and his wife were on the run from the law he was let

out of jail on medical furlough and was on the run for 18 months.. he is now back in custody.. t

over 2 yrs has passed since the will was filled in probate can he challenge the will still?? he is saying we did all kinds of bad stuff but we had days to get him buried he left all to me exept... Read more »

Paul E. Tennison answered on Jul 9, 2019

If your brother is currently in jail, it doesn't seem like he has any ability to secure money from you. If your brother threatens you or stalks you when he gets out of jail, you may want to consider filing an Order of Protection against him.

If the case was in probate 2 years ago, it is...
Read more »

2 Answers | Asked in Civil Litigation for Tennessee on

Q: I have received a civil warrant for medical bills. If I declare bankruptcy will this particular bill be included?

Am I able to set up very small payments after the lawyers have set up this court date? Are they able to take my only possession, my car, if they were to win this lawsuit?

Anthony M. Avery answered on Jun 25, 2019

You have no idea what you are doing. I recommend you hire a competent attorney now. Do not file Bankruptcy without a lawyer. Unsecured Nonpriority Debts are usually easily discharged, but you must list them properly. A lawyer can help you properly Exempt certain properties. Payments are... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on

Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: How to Sue a business based out of Memphis. Thank you in advance! I am struggling to find procedures in Shelby co.

I entered into a buy sell agreement with a "technology company" named Whiskey Creek. Their address is based on Memphis. I live in Louisiana. The buy sell was for a website/business methods that generated revenue using Google adsense, I paid $35,000 based on his valuation and doing some research. He... Read more »

Bennett James Wills answered on Jun 20, 2019

If you want to stay at the $25,000 or under limit you initiate a lawsuit in the general sessions court by filing a civil warrant. Shelby County has forms you can fill out and file with the clerk's office. You would then serve the business, typically through its registered agent. If you want to go... Read more »

2 Answers | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Tennessee on

Q: Do most insurance companies settle out of court

Tim Akpinar answered on Jun 19, 2019

If you're talking in the realm of accidents, many settlements do take place out of court. It could all depend on the case. If both sides are more or less aligned on who is at fault, they agree on their figures for reasonable damages, then they will likely settle out of court. If they can't agree on... Read more »

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1 Answer | Asked in Civil Litigation, Family Law, Tax Law and Civil Rights for Tennessee on

Q: How much will it cost to have an attorney look closed case up and determine if It can be thrown out? Or general info.

I've been put thru hell since last court case and divorce. I've reached out to law and or friends. I need a chance at successful life. Career advancement and i want to know about placement for witnesses for gov.

Bruce Alexander Minnick answered on Jun 17, 2019

Unless you can get a lot more specific facts about your needs you will not be able to get the interest pf any lawyers.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on

Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

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