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Tennessee Civil Litigation Questions & Answers

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

Timur 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 »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: My now Ex paid for us to take trip to Jamacia in July. He has since left me. Demanding his money back.

Travel agent doesnt refund 45 days prior to trip. Do I actually owe him? And is it wrong to continue on with my trip

Anthony M. Avery answered on Jun 4, 2019

Without a Contract, it was probably a Gift. I would not worry about it. But if he is stupid enough to sue you for unjust enrichment, etc., I recommend Joe Ford, Esquire in your area.

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Tennessee on

Q: No lease ,boyfriend didnt work out.he owes half rent half utilities for all may now its June he wont go.

We didnt have a lease he agreed to pay 250 rent and half utilities and food. Has not paid anything for month of may and it's now June. How do I get him out this is my house

Anthony M. Avery answered on Jun 3, 2019

You must file a Detainer Warrant on him in General Sessions. Service on him or posting is notice to quit. Just ask for possession. This is only if you intend to live there as you are not the owner. You tell the Court you are a lessee and he is a sub-lessee. If not out in ten days, you must ask... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: CAN A TN LICENSED LAWYER THAT HAS BECOME BLIND OR LEGALLY BLIND SINCE THEY WERE FIRST LICENSED STILL PRACTICE LAW?

Anthony M. Avery answered on May 28, 2019

Absolutely. My Friend Hoyt Gene Bell practiced over fifty years almost completely blind. He also went through Law School blind, using a reel to reel recorder for Classes.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Can a mechanic sue me or stick me with a bill because we referred someone to them, and the customer didn't pay?

In the middle of the night my girlfriend received a call from a lady that she's known for at least 10 years. Her car had broke down off an exit about 35 minutes from our house. We suggested she take her car to someone local and it was towed to this guys home based shop. He diagnosed her vehicle as... Read more »

Leonard Robert Grefseng answered on May 27, 2019

People often make threats that they don't intend to carry out in an effort to force payment. If you did not authorize the work, you are not liable for the bill. if he calls again, just make that very clear- he should pursue the car's owner for his bill.

2 Answers | Asked in Civil Litigation, Medical Malpractice and Wrongful Death for Tennessee on

Q: my friends won a financial setelment and she passed monday how can her husband find the case # he cant find any info

it was a law sute over the death of their unborn child. she kept all the family records and he cant find any paper work on the case of the lawyers name the money was to be transfered to their account wednesday she has been brain dead for 3 weeks and was removed from life support and passed monday.... Read more »

Anthony M. Avery answered on May 17, 2019

There are several ways to find a Case as there are only so many Clerks of Circuit Courts and Federal Courts in your area. But are you sure a suit was filed in the first place? There may have been a Settlement without filing suit. You could start by calling every lawyer in the area and asking.... Read more »

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1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on

Q: what can i do about a bondsman, that failed to notify me of my court date....

the bondsman failed to notify me of my courtdate after bonding me out. and insisted to lie about calling or sending me mail to confirm my courtdate. i had recieved a capius and had to file a motion to fix the issue. but now they are threatening to throw me back in jail because i told the judge... Read more »

Anthony M. Avery answered on May 13, 2019

It is your responsibility to find out your Court Date and show up to Court, not the Bondsman. Evidently you also do not have a decent attorney. Hire a competent attorney, go to Court, let your lawyer explain your failure to appear, be prepared to move forward on your Case that day, and if... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Minimum Federal Safety Standards required for Drivway Commercial vehicles and Farm Tractors Trailers City Trash Trucks

Local gas utilities Citizen's Gas refuses to uphold or meet MFSS putting my Family at risk by allowing a neighbor easement for drivway across 6 and 5/8" High pressure approximately 250-300lbs natural gas main which is a steel pipeline put in by Russell producing Co back in 1938. When spot depth... Read more »

Anthony M. Avery answered on May 9, 2019

I doubt you have any Damages without an explosion or erosion. But you might sue for Property Damages (within 3 years) of any dangerous acts on your land. Outside of your land, there is no suit. And without damages you have no case. I do not think a Nuisance Suit would lie. Your best bet is to... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee on

Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »

Leonard Robert Grefseng answered on Apr 30, 2019

Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »

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

Q: what if you don't appear in civil court? Also what if you 're on SSI and can't pay the judgement?

Anthony M. Avery answered on Apr 1, 2019

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.

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

Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer

Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,

Anthony M. Avery answered on Apr 1, 2019

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.

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