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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Tennessee on
Q: If my probation officer continually threatens me and calls me stupid do i have to listen
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

You need to post this question in Indiana, not Tennessee. But usually you have to do what the Probation Officers say regardless, or they will violate you... And you are the one that goes to Jail or Prison. They may assign you another PO in time, but do not complain now.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: If you pay Adv Fin amt in full + fees for a civil summons well before the court date, do you still have to go to court?
Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

I do not know what "Adv Fin amt" is, but you need to be concerned with what amount you are being sued for as shown on the Civil Warrant. You might talk to the lawyer which sued you, which should also be on the Warrant. But be careful of what you say and require a paid in full receipt... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: A person posed as a city code officer and gave me 2 weeks to make “improvements on my property or action would be taken”

I was contacted not 30 minutes later by a person who was interested in buying said property and since I was in a panic I foolishly negotiated a deal for him to purchase the house.

I later discover that city code enforcement does not contact a party by phone, only by mail to keep a paper... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

Unless you can prove there is some connection between the code guy and the purchaser, you will not be able to set aside the contract for fraud. However you may want to read your contract, verbatim. Even if you breach it, the primary recourse for the buyer will be Specific Performance. Hire... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Does the statute of limitations run date to date or 365 days from the date the civil summons was filed?

My situation is that the acquittal was entered into record on 12/12/2019. The verdict was actually given on 12/11/2019. The Civil summons was filed on 12/11/2020. February had a leap year so from 12/11/2019 to 12/11/2020 is 366 days.

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2021

As far as I know all SOLs run in years not days. There are just a few 6 month SOLs. These include both criminal charges and civil causes of actions. What is your question? Because the Statutes use years, leap years are not a concern. But Non Court days usually extend SOLs one or two days by... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: US resident serve Summons to Cyprus, CA business thru certified mail or must it go through Hague Convention (Ministry..

Resident of TN filed suit in Circuit Court. Needs service of process of Summons and Complaint against business located in Cyprus, CA with no registered agent for SOP in U.S.A. Can I effect adequate service by certified mail or must SOP be through the Hague Convention and thus Ministry of Justice... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 27, 2021

Obviously CA is not another Country, so Hague Convention has no jurisdiction. Circuit Judges are going to want alot more attempts at service than a letter which they are not required to receive. Hire a competent attorney today and get him to research your Defendant much more thoroughly. The way... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I file a small claims suit against someone in Tenn if I live in MI?

We have paid a clothing designer $6500 to make three articles of clothing. We have received the vest but the matching undershirt and another shirt we haven't received and she isn't responding to our calls, emails or texts. Last correspondence was on January 8th stating she had just... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2021

Yes, you can file suit for Breach of Contract in General Sessions Court of the County of the Defendant's residence. Circuit and Chancery Courts are also available. But I recommend hiring a collection attorney after you get a Judgment.

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: Without any prior notice, not in any violation of lease. I was evicted by force Can I.sue.l

Have not been allowed to gather any of my belongings until yesterday.90% of which is missing evicted on 11/10/2020

I have lost my job as a result. No clothing all my tools are gone. Can't find work no tools any more. My now exgirlfreind wanted me out, so landlords violated every rule... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 8, 2020

You have not stated whether a Detainer Warrant was filed or not. But if you have some kind of proof or an admission the landlord or his agent took your property, you can sue for Conversion. Be careful of your defendant's name and and service. General Sessions is probably the best forum.... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Tennessee on
Q: When do insurance firm settle for policy offer to the opposing plaintiff and why

If you're involve in an accident not at fault, the at fault drive does not have enough to covered medical bills. But, the vehicle you are in as a passenger has insurance, the owner tell her insurance you not supposed to be in the car. But, it's your husband driving the car and it's... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 6, 2020

A Tennessee attorney attorney could answer best, but your question remains open for four weeks. As a general matter, an insurance company will settle for the policy limits when it determines that it is a good business decision to do so. There's no hard fast rule that if you satisfy a certain... Read more »

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Tennessee on
Q: My aunt took my dead mother’s belongings and refuses to distribute them

My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Appellant did not file brief within time allotted by Tennessee law

Appellant did not file brief within time allotted by Tennessee law. What happens to appeal?

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

The appellee could move to dismiss the appeal and seek recovery of fees/expenses. If nothing is done, the Court of Appeals will likely dismiss the appeal on its own.

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
Michal Durakiewicz answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: I was sued for loan in Tn. that lists me as applicant, co applicant and co signer. Not sure which so called position

they claim i hold. We both were sued but only i showed up for court. The judge dismissed without predjudice. How long do they have to refile case against me?

Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

Statute of limitations on a breach of contract is 6 years.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I was handed a piece of paper informing me of a 3 day eviction for a violation of noise complaint

Never have I been given a notice and bills paid monthly by trustee of my money

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

Not sure of your question. But the landlord will have to file a Detainer, get it served/posted, and obtain a judgment for possession. Then if you are not out in 10 days, a Writ will be executed by the Sheriff to remove you. You may be able to defend that there exists no breach of contract. at... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Someone is take is pictures of my and my family without permission outside of my apartment what can I do?

I was taking my dog outside to play in an area in front of the apartments this lady and her husband will stand outside taking pictures of my and my husband

Bennett James Wills
Bennett James Wills answered on Nov 3, 2020

Nothing. People can photograph anything that's in a public place. They don't need permission.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Evicted in 2018, property is now saying I owe them damages. I owe them nothing. Is there a time limit? Renters after me
Anthony M. Avery
Anthony M. Avery answered on Nov 2, 2020

SOL for breach of contract is usually 6 years. SOL for property tort is 3 years.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: How do I recover lost wages, damages, rental and have them cited for no insurance and driving without a license?

A car with Mississippi auto dealer tags was uninsured with unlicensed 15 year old driver...driving who backed out of their driveway into our car that we bought the day before! They were not given any citations from officers. The damages to our car est. 13,050. Our uninsured motorist policy has... Read more »

Bennett James Wills
Bennett James Wills answered on Oct 28, 2020

If your insurance does not cover the whole amount of damages you'll have to file a lawsuit against the driver/parents to try and recover a judgment for damages. But you can't force the police to issue citations.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 27, 2020

You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim...
Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If I am on contract renting to own a home, can the original owner go behind my back and borrow more money on it?
Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2020

Absolutely. You only have the right to possession and possibly exercise an option to purchase. You do not own the property.

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