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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 7, 2020

a Notary can notarize documents. A notary should not create legal documents.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... View More

Anthony M. Avery
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answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... View More

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1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
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answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
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answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Tennessee on
Q: Can a small estate be sued.

My daughter died suddenly with few assets and no will. She also had no debts except those acquired surrounding her death. The ambulance sent one bill the first month after death but none since, the Hospital sent a couple and stopped, and the ER Physician group sent many and referred her to... View More

Anthony M. Avery
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answered on Sep 9, 2020

You opened up the can by filing Probate. Hire a competent attorney to close this Estate. If no claims are filed within 1 year of death, then it will be great. But you have a fiduciary duty to contact all known creditors, and you can be sued yourself. Administrative expenses should be paid... View More

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer
answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Is detainer warrant the summons to court?

Which one would be considered the detainer warrant the summons to court or the three days to vacate. The three days to vacate did not come until after the summons to court. at at no time prior to that did they communicate anything about back rent. We're on a month-to-month lease with them and... View More

Anthony M. Avery
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answered on Sep 1, 2020

The Detainer Warrant is a notice to quit. So go to Court. You might need a lawyer since apparently you are being sued for rent and other monies.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If two married people have an affair, what are the laws on child support in TN

Can the mother and husband request child support from the biological father?

Bennett James Wills
Bennett James Wills
answered on Aug 31, 2020

Child support is calculated based on income, custody, and other factors and compared to the child support guidelines. Adultery is not one of those factors.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Do I have to represent myself in depositions since my lawyer isn't available that day and cant get the day changed?

I just hired my lawyer a couple weeks ago. He has been trying to reach the other parties lawyer since then to get it changed to a date that he will be available but has gotten no response. Im afraid I will have to represent myself in depositions tomorrow even when I have hired an attorney.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2020

Your own lawyer is really the only one who could advise here, but it is frustrating to see someone not knowing what is going on with their deposition three hours before the close of business on the preceding day. Hopefully you have worked this out by now, but if not, keep trying to reach your... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

Anthony M. Avery
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answered on Aug 13, 2020

Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor.... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mother in law passed, man she had been with for years (separated/changed address about 1 month before she died) broke in

He has not lived there in over a month, and has never paid a bill there, and they were not married. We are pretty sure he broke in and took some of her property. What legal recourse do we have if any? Police told us "that's technically still his house." So nothing they could do. Also... View More

Anthony M. Avery
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answered on Aug 11, 2020

The Next Of Kin can sue him General Sessions Court for Conversion. It will be difficult to recover a Judgment however.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: What are the laws when a breeder sells you a dog and the dog dies due to a illness the breeder knew about?

The breeder knew about the illness but didn’t tell us about the illness.

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 18, 2020

It usually depends on the language in the purchase contract, but if the contract doesn’t cover this sort of illness or you can prove the breeder knew about the illness, you Can sue for your financial losses and vet bills.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Im starting a business, and I’m wondering if my ex will be entitled to any of the money that I make from this business?

My husband and I have been separated for over a year. We are planning on filing in the next month or two. The business is not up and running, nor will it be for at least another six months, but since I am starting it before our divorce, I worry he may try and claim part of my income.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 7, 2020

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I own a business with noticeable decrease of sales from past loyal customers. Just learned that a mayor shared my name

From an anonymous complaint resulting in several customers and friendships affecting our business and name in our network. Is there a slander ethic complaint to file on this mayor that would hold up

Paul E. Tennison
Paul E. Tennison
answered on Jul 2, 2020

I am unaware of any ethics complaint that may be beneficial for you here. However, you may have a civil cause of action against this mayor for defamation. I recommend you speak with an experienced defamation attorney to determine if you have a case. For more information on defamation law in... View More

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: A couple cosigned an agreement to lease one of the 3 bedrooms in my apartment. However, they never moved in.

I'm now liable for their rent, but the landlord will not provide me with their address so that I can serve them papers. How can I get the landlord to provide me with their address.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 24, 2020

If a couple co-signed on a Lease with you, you should know their addresses. The Landlord does not have to give them to you. If you can't find them, hire a private detective to find them.

1 Answer | Asked in Civil Litigation and Health Care Law for Tennessee on
Q: Since my insurance policy is administered by my company out of state, does the 30 day rule apply?

My divorce was final June 3ed after many delays. No formal notice was issued to my spouse.

Anthony M. Avery
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answered on Jun 22, 2020

There is no 30 day rule. I assume you are talking about an Appeal or setting aside the MDA. You were supposed to inform the Spouse of the Termination Of Insurance. In effect, you have lied to the Court. The Spouse has grounds to Set Aside the Divorce, possibly up to 1 year from Judgment.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: My roommates have moved out and I'm waiting for my new place to be ready. Can they be evicted if I am or just me?
Anthony M. Avery
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answered on Jun 15, 2020

It will take at least 45 days to file a Detainer, serve you, and get the necessary Judgments to remove you. Hopefully you can take the new leasehold in 2 to 3 months.

Q: My son's death has been falsified, delayed, denied, and dismissed for 7 years. Can I sue the parties for negligence

My son was allegedly overdosed in Henderson County TN during 2013; however, the 911 call was made in another county. Since the body was in Carroll County when EMS responded, the body was taken to Carroll County at the nearest hospital. Investigation occurring simultaneously at the alleged location... View More

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answered on Jun 15, 2020

Very sorry for your loss. However most of what I assume might be potential defendants had their liability barred by the Statute of Limitations long ago. It would probably be a GTLA, and even the savings Statute does not apply. I see no basis for claiming a tolling of the SOL. Your attorney... View More

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