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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation and Elder Law for Tennessee on
Q: What is the extent of Filial Law in Indiana?

My Wife's mother lives in Indiana, we live in Tennessee. She is stating that she is able to sue us for Filial Law so that we have to support her??

Anthony M. Avery
Anthony M. Avery answered on Jan 13, 2020

You have not been sued nor served yet, so no suit exists at this time. When you get sued, if ever, then you will need an Indiana Attorney. Hopefully whatever is the disposition will not be enforceable here. If a judgment goes down there, then you need a very competent Tennessee attorney to... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I live in Minnesota. Can I sue someone in Tennessee small claims court without appearing in person?

I had an income property in Gatlinburg Tennessee area, that was managed as a vacation rental by a mgmt company for many years. The mgmt company closed without notice and although I have sold the property, by their own paperwork and admission the management company still owes me for 2months of... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You would need to be prepared to appear in court. You could hire counsel to file the paperwork and appear for you. And in the event that the defendant fails to appear, you could obtain a default judgment. But if a plaintiff or plaintiff's attorney fails to appear the case would most likely be... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Tennessee on
Q: Wife has been clean from drugs lost child at young age and judge doesnt let her even try to fight for her she has right?
Bennett James Wills
Bennett James Wills answered on Dec 9, 2019

The question is vague. She would be wise to hire local counsel to determine her best course of action.

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Child Custody and Civil Litigation for Tennessee on
Q: My wife had an incident regarding her child. The people, who never spoke to her, told the police and court she was drunk

She was not intoxicated. This could severely affect her and her son. Is this slander or defamation of character?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 2, 2019

No, statements made in court are generally not actionable as defamation.

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: Paid off our loan over a month ago. The finance company will not send the title. What can we do?
Anthony M. Avery
Anthony M. Avery answered on Nov 6, 2019

Not sure what the collateral is. But you may need to hire a competent attorney to file suit. It has to do with the value of the collateral as to whether it is worth the trouble. The Fair Debt Collection Act might give you some relief, as well as a set of TN Consumer Protection Statutes.

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1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I bought a house from my ex-wife who inherited it from her mother. I have let my ex-sister in law stay in the house.

She has signed no agreement or paid any rent. She has been there almost 3 years. Will I have trouble evicting her at a later date?

Anthony M. Avery
Anthony M. Avery answered on Oct 30, 2019

3 years is the SOL. Few persons know that. I suggest filing the Detainer Warrant for Possession Only now. Let her defend herself. At worst you will need a very competent attorney that knows what Ejectment is. Act fast or it could be a very expensive and difficult problem.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... Read more »

Brandon D. Fersten
Brandon D. Fersten answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Municipal Law for Tennessee on
Q: Do local or county law officials handle the noncompliant parties regarding tn code or is it strictly a civil matter

Tow company recieved fraudulent facts from property owner, did not comply with owner notifications rules nor rules set forth regarding sale

Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2019

It is doubtful you will obtain a criminal prosecution of anyone involved, although you can try as the victim. But normally your remedy is pretty much limited to suing the Towing Co. for Conversion. You may be able to do this yourself in General Sessions Court or you might hire an attorney.... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: i had a heat stroke getting out of the car and fell head first got to the hospital and was released hairline fracture

and bleeding on the brain i had surgery to stop the bleeding a couple wks. later im curious now if i have a valid case

Tim Akpinar
Tim Akpinar answered on Oct 11, 2019

This question looks familiar and I think I answered it earlier. There aren't enough details to make any kind of meaningful legal analysis here. If you want to learn whether you have a case that holds merit, arrange a consultation with a Tennessee attorney. They could request and review your medical... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Tennessee on
Q: Had a heat stroke fell face first. Was released from emergency room .went to see another Dr. His diagnosis was...

Emergency room ran no test ..another Dr.said i have fracture skull n bleeding on the brain...

Tim Akpinar
Tim Akpinar answered on Oct 10, 2019

You'd get the best input from a Tennessee attorney, but your question remains open for two weeks. From the description, it's difficult to tell exactly what happened. At any rate, it's unlikely that an emergency room ran no test(s). You could arrange a consultation with a Tennessee attorney who... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is law in tn about selling your home and assets when there is a lawsuit pending against you but not a judgement.
Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2019

If the buyer wants your home and your assets, you can sell it to him. Later the future Judgment Creditor can sue to set aside those conveyances in fraud of known creditors. You may wish to contest the civil action against you, or attempt to lessen the damages. Hire a very competent attorney who... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the law for making a left turn, should drivers go half way out or wait?

Can I start turning?

Anthony M. Avery
Anthony M. Avery answered on Sep 30, 2019

The Rule of the Road is that you cannot move into the intersection if there is an impending hazard. You can turn left onto a one way road at a stop sign. Do not go half way out into the intersection.

1 Answer | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: can i sue for my fathers estate if my mothers being kept from her family by her poa under undustress

myfather passed away 2 weeks ago, my mothers niece i met maybe 5 times my life assumed poa as witnessed by my son by scare tactics and coaching my mother in a vulnerable state, and recently expressed this to many to verify, and its been signed off and other favors by her cousin on who is a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

If you believe your mother is being physically or emotionally abused or being taken advantage of financially, contact your local Adult Protective Services office.

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Tennessee on
Q: Hi, How do I file a petition to modify my parenting plan without a lawyer?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

Sorry, but there is no "easy answer" to this: If you needed surgery, would you attempt to do it to yourself? Almost everyone says no, they would hire a professional to perform this service. However, rather than hire a lawyer, people will attempt complicated procedures and risk unfortunate... Read more »

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Q: this is owned by my father and his company... this is being used illeagly

WEALTHBUILDER Trade Mark

Tim Akpinar
Tim Akpinar answered on Sep 21, 2019

You chose good categories, but what you describes sounds like trademark infringement. Try reposting in the Trademark (and maybe Intellectual Property) category(s). It would have a better chance of being seen by an attorney who is knowledgeable in this area. Good luck

Tim Akpinar

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
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 »

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