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Tennessee Civil Litigation Questions & Answers
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

Anthony M. Avery
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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

2 Answers | Asked in Civil Litigation for Tennessee on
Q: What rule(s) support for late disclosure of an expert witness after stage of summary judgement but before trial?

Case has had lots of lawyer turnover on plaintiff side, court has found fault with lawyers and not plaintiff. In resetting timelines, expert witness deadline got overlooked. During deposition, one of witnesses from defendant side called john doe made statement saying "X" and cited source... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 10, 2020

If you have a lawyer- then this discussion should be with your lawyer. If you don't have a lawyer and assuming you are past your expert disclosure deadline- look up issues related to rebuttal witnesses. May need to file a motion to add a witness but may not have to if a rebuttal. You... View More

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: I'm 50 y/o, disabled & not worked since 2010. I'm being sued for $21k credit card debt. Do I need a lawyer?

Due to being unable to work, I lived off of SSI/disability, my savings, my cashed in 401K, support from my family and credit cards beginning 2010. I successfully paid on my debt until 2018 when I ran out of savings and had to move from FL to TN because I could not afford to live in FL anymore.... View More

Anthony M. Avery
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answered on May 20, 2020

Research the Exemption Statutes in Tennessee. Carefully select what properties you wish to declare Exempt and properly notify the Court and the Creditor's Attorneys in a proper Notice Of Exempt Property. Expect to be questioned about your assets at least every year. Go to Court and... View More

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
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1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Can an attorney cancel a hearing the morning of the hearing day? Also want make sure creditor remove off credit report.

A debt relief company has been taking money out of my account for last past year to pay My creditor monthly & at same time settle my case. If anything they hurt me more than helped. Months later I get a summon to court fr creditor filed L-suit of $8k up front or 4 months of $2k. That was bef... View More

Anthony M. Avery
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answered on May 18, 2020

You apparently have an attorney. Make him do his job, and do not expect this forum to interfere with your relationship. If you cannot get him on the phone, go to his office until you find him.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the statute of limitations for taking a contractor to court for lying about work done?

I had water damage and the contractor said they would have to remove the subfloor and replace it. Turns out they only dried it then laid the new floor over the warped subfloor.

Bennett James Wills
Bennett James Wills
answered on May 14, 2020

Depends on the claims. Breach of contract is 6 years is most cases; consumer protection act claims are one year; property damage three years. It all just depends on the nature of your case. You'd be wise to consult local counsel.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: what is the law of abandonment of property. 4 yrs ago I was given a 4 wheeler by the widow of my best friend. They are

They are now asking for it back. There is no Title

Bennett James Wills
Bennett James Wills
answered on May 14, 2020

If it was a gift to you, then no, you wouldn't have to give it back.

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... View More

Anthony M. Avery
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answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Q: What rights do tenants have when a homeowner wants to get rid of property manager but not tenants? Just signed Lease 2.

The owner has decided to fire the real estate company but wants to keep us as the tenant. We just signed a second year long lease 03/01/2020 through the real estate manager. The real estate company said we have to vacate the house at the end of 30 days (to include all of our belongings) so an... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2020

I doubt that you have to move out or that the management company can force you. Also, in any event the Tennessee Supreme Court has extended an order restricting evictions for a period of time in light of the covid 19 issue.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
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answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

1 Answer | Asked in Real Estate Law, Agricultural Law, Civil Litigation and Environmental for Tennessee on
Q: Is a neighbor’s man-made lake allowed to drain on my property? He is at a higher elevation. Tipton County, TN

The lake was built a long time ago before my house was built. When we moved in three years ago, the water was not draining onto our land. Within the last two months, it looks like a river rushing down the side of our property. They refuse to fix their overflow drainage pipe that used to divert... View More

Anthony M. Avery
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answered on Apr 8, 2020

Most likely you have no legal recourse. Unless the overflow pipe was recently damaged and now is destroying your property, I see no cause of action. You might file for an Injunction in Chancery because of the continuing Property Tort. But if it is not causing a massive loss of dirt from the... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Who recieves the statue of limitation deduction from my settlement?
Tim Akpinar
Tim Akpinar
answered on Mar 31, 2020

I'm not fully clear on your question, and a Tennessee attorney could advise best. But you await an answer for two weeks, and may be in a position of having to wrap your case up. IF you are talking about a personal injury matter, some of the GENERAL deductions arising could include medical... View More

1 Answer | Asked in Civil Litigation and Estate Planning for Tennessee on
Q: My father passed with no will my siblings agreed to me be being executive of the estate

It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is... View More

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answered on Mar 17, 2020

You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of... View More

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I know if I'm getting sued by a creditor?

I had a loan set up on auto payments and they stopped processing them due to lack of funds. They never tried to contact me again. That was almost a year ago and now a sheriff shows up and says I'm not getting sued. I call the office that represents them with no response. The number directs me... View More

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answered on Mar 10, 2020

What did the Sheriff want if he did not serve you or levy on your property? I recommend calling General Sessions Court for the County that either you borrowed the money in or where you live. Check to see if you are a Defendant on a recent or current case. If you borrowed on a car, is there... View More

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A seller is threatening to go to the attorney general for breach of contract, should I be worried?

I drunkenly made a bid on an online auction for some real estate in another state(Illinois). Some time had gone by and my financial situation changed, so I no longer would be able to pay for the auction if I won, which I eventually did. I have no way to pay for the real estate in question and I... View More

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answered on Mar 9, 2020

Jurisdiction exists when you contacted somebody in Illinois. I doubt there is any criminal liability, but yes, you can be sued for specific performance, amongst other causes of actions. If sued and served, hire a competent attorney to both represent you, and protect your assets.

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