Tennessee Civil Litigation Questions & Answers

Q: Can a privately owned towing company hold your car hostage for payment in Tennessee.

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Jul 20, 2018
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.

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
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?

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
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.

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?

1 Answer | Asked in Business Law and Civil Litigation for Tennessee on
Answered on Jun 6, 2018
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 -...

Q: Got subpoena @6am from Gault Financial llc. i've no idea what this is for, process server gave me sheet w/court date

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on May 22, 2018
Leonard Robert Grefseng's answer
A subpoena is a court order requiring you to appear in court. The "issue" date is simply the day the subpoena was sent out by the court clerk. Somewhere on the document it tells you when and where to appear and perhaps what, if anything , you need to bring with you. Keep calling the attorney - he will know why you are being requested to come to court.

Q: By Tennessee Law if a contract states a 2% interest if breach of contract occars what is the max judgement interest rate

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Tennessee on
Answered on Apr 23, 2018
Mr. James Charles Wright's answer
The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%

http://www.tncourts.gov/node/1232344

Q: When should/can I (as defendant)file a counter suit/claim for attorney fees as a result of a plaintiff suing me?

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Apr 20, 2018
Leonard Robert Grefseng's answer
Attorney fees are not always recoverable, either the contract /agreement between the litigants must provide for fees to be recovered, or there must be a state or federal statute that allows recovery. If neither situation exists, the general rule in Tennessee is that each party must pay their own lawyer. if you are considering asking for attorney fees, that means you must have a lawyer- consult your attorney for specific advise on this case.

Q: In the wittiness statement she said she held against her will but when the people left she escape. But in the police

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Tennessee on
Answered on Apr 19, 2018
Anthony Marvin Avery's answer
You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such as did she miss any work, claim she was hurt, or even jealous of someone, etc. ? Hopefully you are at General Sessions and can put on a devastating Preliminary Hearing.

Q: Contractor took hefty deposit to buy materials and has never built carport.

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Apr 17, 2018
Bennett James Wills' answer
Sounds like you are the victim of a potential scam. This happens more often than you would think. Consider hiring counsel to determine your best options.

Q: What to do if someone is intentionally hiding their address to avoid a small claims suit?

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Answered on Apr 15, 2018
Mr. James Charles Wright's answer
Anyone over the age of 18- not a party- may serve the warrant any place you can find the relative. Or you can hire a private investigator to serve the process.

Q: I have been served TPO.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Answered on Apr 12, 2018
Anthony Marvin Avery's answer
Right now it is a civil matter, and the actual facts do not matter much. She does not want anything to do with you, so do not contact her or even drive by her home. Even if she contacts you, hang up. Later on after the Restraining Order elapses due to time, only then do you let her contact you first. If you are charged with Domestic Assault, it will destroy a large part of your future life.

Q: Paid debt before warrant was served. Will they still serve me.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Answered on Apr 5, 2018
Bennett James Wills' answer
Maybe. It would likely be served in person.

Q: Can our lease renewal be refused because I had filed an OP against my husband but dismissed it 1wk later?

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Mar 23, 2018
Bennett James Wills' answer
If your lease is going to naturally terminate then the landlord has no obligation to renew it.

Q: Can our lease renewal be refused because I had filed an OP against my husband but dismissed it 1wk later?

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Tennessee on
Answered on Mar 21, 2018
Mr. James Charles Wright's answer
Lease renewals are controlled by the terms of the lease. If the renewal does not restrict the landlord then the landlord would have the right to non-renew the lease for any or no reason. Review your lease terms relating to renewal- your answer will be there.

Q: I had a person threatened me for trespass for walking my dog on a public sidewalk. What are my rights?

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for Tennessee on
Answered on Mar 20, 2018
Don Himmelberg's answer
If you were truly on a public sidewalk (and, say, not on her driveway), then you are not criminally trespassing. As an aside, thank you for cleaning up after your dog!

Q: what opportunities do I have if I am accused of RECKLESS ENDANGERMENT POSSESSION OF A HANDGUN WHILE UNDER THE INFLUENCE

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Answered on Mar 20, 2018
Don Himmelberg's answer
You have the opportunity to go to jail and pay a hefty fine. With that being said, there are defenses available to those accused of crimes while under the influence.

You need to hire an attorney as soon as possible, or ask that one be appointed to represent you.

Q: I'm female 58, my husband male is 62. We've been married 41 years. He collects worker's comp and disability social secu

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on
Answered on Mar 20, 2018
Marjorie A Bristol's answer
You should consult an attorney to discuss your options. Many will offer a free consultation. You shouldn't stay in a marriage with an ass. You have options. They may not be easy options, but you have options.

Q: I would like to sue the Ford company for its 5.4 L engine problems since they have had many issues and no solutions

1 Answer | Asked in Car Accidents and Civil Litigation for Tennessee on
Answered on Mar 13, 2018
Peter N. Munsing's answer
look for a class action but generally the problem you have is if you bought your truck as is, that means warts and all.

Q: General partnership.partner is refusing to give me my half of pay for the month that I earned.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Tennessee on
Answered on Feb 23, 2018
Mr. James Charles Wright's answer
You may have to file a lawsuit to enforce the partnership agreement.

Q: Life trust doesn’t have all assets on it and wasn’t every official and the fiduciary is just giving away thinks away

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Answered on Feb 5, 2018
Leonard Robert Grefseng's answer
Sorry, but your question is unclear. If you believe the trustee is acting inappropriately, review the trust agreement carefully to determine if the trustee is given authority to act in the manner you have described. If not, I would notify the trustee in writing of your concerns and ask for a written explanation. If that is unsatisfactory, you will have to file a lawsuit against the trustee asking the Court to remove him/her form the position and to make the trustee repay the value of the...

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