Tennessee Civil Litigation Questions & Answers
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.
Q: Just bought the home I live in. Want roommate to sign a lease. What if he won't?
1 Answer
| Asked
in
Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant
for
Tennessee
on
Answered on Sep 26, 2018
Answered on Sep 26, 2018
Leonard Robert Grefseng's answer
As you are now the owner, you can decide the terms under which your tenant may continue to live there. However, if he/she refuses your terms and won't sign, you will have to go through the eviction process ( give advance notice of termination, then filing a detainer warrant) to force him to leave. This assumes they won't voluntarily leave.
As you are now the owner, you can decide the terms under which your tenant may continue to live there. However, if he/she refuses your terms and won't sign, you will have to go through the eviction process ( give advance notice of termination, then filing a detainer warrant) to force him to leave. This assumes they won't voluntarily leave.
Q: I filed a detainer warrant to have my ex evicted from my apartment but I missed my court date. What do i need to do?
Leonard Robert Grefseng's answer
if more than 10 days have expired since the court date, you will have to re-file the case and pay another filing fee. In other words, just start over. If less than 10 days, you could appeal the dismissal , but the costs of an appeal may be more than just re-filing. Check with the court clerk to see if they will re-set the case (but I suspect this will only work if you have a GOOD reason for missing court).
if more than 10 days have expired since the court date, you will have to re-file the case and pay another filing fee. In other words, just start over. If less than 10 days, you could appeal the dismissal , but the costs of an appeal may be more than just re-filing. Check with the court clerk to see if they will re-set the case (but I suspect this will only work if you have a GOOD reason for missing court).
Q: Can a company change their name to avoid a lawsuit?
Leonard Robert Grefseng's answer
I suspect not- changing the name will require filing documents to change the ownership of property, vehicles. business licenses, etc. Also, unless it is a sole proprietorship ( a single owner), changing the name will require filing documents with the Secretary of State ( for corporations and limited liability companies). In summary, those name change documents would establish that the former business that you want to sue is actually the same business as the new one , just under a different name.
I suspect not- changing the name will require filing documents to change the ownership of property, vehicles. business licenses, etc. Also, unless it is a sole proprietorship ( a single owner), changing the name will require filing documents with the Secretary of State ( for corporations and limited liability companies). In summary, those name change documents would establish that the former business that you want to sue is actually the same business as the new one , just under a different name.
Q: I recieved a check from Craigslist for a job opportunity. opened a bank account with that check.
1 Answer
| Asked
in
Banking, Civil Litigation and Criminal Law
for
Tennessee
on
Answered on Aug 11, 2018
Answered on Aug 11, 2018
Mr. Kent Thomas Jones Esq.'s answer
If you receive a check from an unknow force, don't take any money from it until it clears the bank.
If you receive a check from an unknow force, don't take any money from it until it clears the bank.
Q: Can a privately owned towing company hold your car hostage for payment in Tennessee.
Leonard Robert Grefseng's answer
Yes- any "garage keeper" ( tow company or repair shop) has a possessory lien ( meaning they can hold possession) for the cost of their services.
Yes- any "garage keeper" ( tow company or repair shop) has a possessory lien ( meaning they can hold possession) for the cost of their services.
Q: Can police officer search my glove box after I tell them specifically no you cannot? He said that with or without a
2 Answers
| Asked
in
Civil Litigation, Civil Rights and Criminal Law
for
Tennessee
on
Answered on Jul 8, 2018
Answered on Jul 8, 2018
Mr. Kent Thomas Jones Esq.'s answer
Yes. If the Officer has reason for a search than he/she can do so. Your defense in criminal court is that the Officer did not have reason for the search. It is not altogether different that a person got a DUI after being pulled over. The question is did the Officer have reason to pull you over?
Yes. If the Officer has reason for a search than he/she can do so. Your defense in criminal court is that the Officer did not have reason for the search. It is not altogether different that a person got a DUI after being pulled over. The question is did the Officer have reason to pull you over?
Q: Can the courts send out a warrant for someone's arrest if the person is kate paying on court fines?
1 Answer
| Asked
in
Landlord - Tenant and Civil Litigation
for
Tennessee
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Probably not as that sounds like a Civil Judgment for Damages. Unless it involves Criminal Trespass, Vandalism or something similar with Restitution, then it is not punishable by incarceration. However the Landlord can attempt to collect on the Judgment, and you cannot ignore a Subpoena to testify as to where your assets/income are. Otherwise you will go to jail for Contempt.
Probably not as that sounds like a Civil Judgment for Damages. Unless it involves Criminal Trespass, Vandalism or something similar with Restitution, then it is not punishable by incarceration. However the Landlord can attempt to collect on the Judgment, and you cannot ignore a Subpoena to testify as to where your assets/income are. Otherwise you will go to jail for Contempt.
Q: I'm a contractor and in a dispute with a customer. She is holding my tools ransom. I don't think that's legal?
Mr. James Charles Wright's answer
I'm guessing you left them there- the custormer is claiming that you didn't finish the job- and that if you want the tools you can either finish the work or otherwise resolve things. You could contact the police but I am doubtful the police would get involved. After all the customer didn't go get the tools - you left them. You likely would need to bring a lawsuit to get the tools back - so it may be better (less expensive) to try to resolve matters amicably. If you can't otherwise work -...
I'm guessing you left them there- the custormer is claiming that you didn't finish the job- and that if you want the tools you can either finish the work or otherwise resolve things. You could contact the police but I am doubtful the police would get involved. After all the customer didn't go get the tools - you left them. You likely would need to bring a lawsuit to get the tools back - so it may be better (less expensive) to try to resolve matters amicably. If you can't otherwise work -...
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