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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: I was mailed a “Notice of Termination of Residency.” I would like to dispute it. What are my options going forward?

The notice says that I have failed to keep my premises safe and clean by failing to remove trash & pet waste—pet waste has been cleaned and the large contractor bags they are talking about are clothes, not trash. I have a company scheduled to come in to clean and remediate the issue of smell.... View More

Anthony M. Avery
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answered on Dec 17, 2024

Owner must file, serve and litigate a Detainer Warrant against you to get possession, So it is only started. You may wish to defend yourself in Court or find another place.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Friend of mine had our car and got pulled over drugs found on her and confiscated car said we can’t get it back. True?
Anthony M. Avery
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answered on Dec 9, 2024

Vehicle may be subject of a Forfeiture Warrant or criminal evidence. Either way you need an attorney and cash to get vehicle back unless you talk LEOs into giving it back, which is doubtful.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: My fiancé has spent At minimum 120 days past her true sentence.. and is still incarcerated as I speak in TDOC

originally received a four year suspended sentence.served three terms 9 m 9 m12 m Towards the suspended sentence. Also during this time Was placed on Community Corrections and ended up with 492 days (16 months) CC day 4 day credits (of which I only was made aware of the exact amount after... View More

Michael Gregory Floyd
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answered on Nov 23, 2024

Do you have the sentencing orders. A Writ of Habeas Corpus is the appropriate method for her release.

Attorney M.G.Floyd, Esquire 901 526-1088

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: I have a 50K judgement against someone and they wont pay me anything. How do I get a payment plan enforced by the judge

How can I garnish her business account or make her start a payment plan without using a lawyer? Are there things I can do myself?

Anthony M. Avery
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answered on Nov 20, 2024

Obviously you cannot handle this yourself. Hire a collection attorney on this. That is a fairly large amount of money which will take time and many attempts to get anything. It appears that you have not looked at your target closely yet, which you need to do now in order to get the attorney... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If I sell a person tires for a car and that person refused to pay for the tires in their place on the automobile how do

Get the tires back or get compensated for the money that are old for these tires

Anthony M. Avery
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answered on Nov 18, 2024

You might sue him in General Sessions Court. If you get a Judgment then you must start trying to collect.

1 Answer | Asked in Banking, Civil Litigation and Identity Theft for Tennessee on
Q: l have a very unique case that has never been in a court of law due to the deeply rooted subject matter_Trust & wills
Anthony M. Avery
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answered on Nov 11, 2024

Hire a competent lawyer to consult. Very few know anything about trust and will litigation.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: How can I get a car back from someone I cosigned with who does not have a license in Tennessee
Anthony M. Avery
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answered on Oct 24, 2024

If you are listed as an owner on the title, then the vehicle is not yours. Signing the note does not give you ownership. You can report the driver to LEO.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: i parked in a parking lot for trucks that cost $10.00 , now some security company is trying to get $700.00 dollars from

me..is their a law backing this up? I offered to pay the $10,$20 even $30 dollars, !! No,they say I owe 700 dollars!! Happen in Memphis TN!!

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

Send them proof (photos, e.g.) showing the listed rate was $10 per day, as well as any proof (GPS data, bills of lading or gas receipts) that it was not parked there beyond the day. Hang on to copies for the unlikely event that they take you to court.

2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Litigation and Civil Rights for Tennessee on
Q: A cop has my phone from a stop when he search me and took it, it's been two days and is till can not get it back.

I had been stopped about a prior warrant I already served time over, while being stopped and searched the officer took my phone and personal belongings and sat them in his car while waiting on NCIC to come back clean and when it did he left and never returned my property. It's been two days... View More

Anthony M. Avery
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answered on Oct 2, 2024

You can call the LEO and ask for your property back. Or call the chief or sheriff and complain. Ultimately you would have to sue the LEO and the County for conversion, which is not worth it. You might get a phone.

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2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: I moved in home of my wife deceased father and paid taxes on it 5 yrs later they calling me a tenant and trying to evict
Anthony M. Avery
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answered on Sep 30, 2024

Apparently you have no ownership interest and paying taxes for the owners. It might be possible to dismiss a Detainer Warrant, but you can definitely be ejected from possession.

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1 Answer | Asked in Criminal Law, Admiralty / Maritime, Child Support and Civil Litigation for Tennessee on
Q: Is unlawful possession of firearm the correct charge for a felon in possession and firearm and if not. Whats the Correct

A felon in possession was officially charged and is being tried on Unlawful possession of handgun. I thought one was a misdemeanor and the other was a felony charge.

Anthony M. Avery
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answered on Sep 18, 2024

DA has discretion on the criminal charge. So if he chooses a misdemeanor, that is his prerogative.

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: What is the statue of limitation on a civil lawsuit regarding a forged quit claim deed in Tennessee
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answered on Sep 11, 2024

Defendant would probably argue 3 year property tort SOL. Plaintiff could argue 7 year SOL. Arguing no notice will be hard with public records. Tax Statutes will have some impact also.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
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answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

1 Answer | Asked in Civil Litigation and Identity Theft for Tennessee on
Q: How do I find out if I have a case against NPD?
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answered on Sep 9, 2024

Start calling around for lawyers and ask them. Know your facts perfectly.

1 Answer | Asked in Banking, Civil Litigation, Federal Crimes and Identity Theft for Tennessee on
Q: I was robbed by the police, harassed illegally evicted, what can I do? What laws or cfrs can help me recover/ prosecute

Economic crimes was informed in 2020 but has not reached out

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answered on Sep 5, 2024

If you were robbed by the police, harassed, and illegally evicted, you have several legal options to consider to seek justice and recovery. First, document all the incidents in detail, including dates, locations, the names or badge numbers of officers involved, and any witnesses. Keep all... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Where can I find the law in Tennessee for illegally selling a rebuilt titled car?
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answered on Aug 16, 2024

Hire a TN attorney because you will need him to do something about the crime civilly unless restitution is ordered. Call the DA to initiate criminal charges.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can a company file a counter suit for breach of contract on 8/2/24 for something that happened on 7/5/23?

Is there a statue of limitations on counter using someone? There was never a contract drawn up and no signatures.

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answered on Aug 9, 2024

SOLs apply to causes of actions. Contract usually is subject to a 6 year SOL unless specified in the contract. Oral contract can sometimes be enforced. Hire an attorney.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I had a quiet of title action in chancery court on property jointly owned with my aunt. She passed away before ruling
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answered on May 13, 2024

Your lawyer must substitute the Aunt's heirs as defendants and revive the case quick. If not, you lose the case. It may even require probating her Estate as a creditor. Apparently your lawyer is incompetent.

1 Answer | Asked in Civil Litigation and Small Claims for Tennessee on
Q: If civil case is dismissed in general sessions, what are my options besides an appeal? Can I refile the case later?

My detinue case and was dismissed after arguing motions and before i was able to put my case on. I did not have an attorney. I cannot afford to appeal at this time and attorneys charge a lot more in an appeal. I have 10 days to appeal. Can I refile the case at a later date as long as I am in the... View More

Keith Edmiston
Keith Edmiston
answered on Apr 12, 2024

It depends on whether the case was dismissed "with prejudice" or "without prejudice." If the dismissal was "without prejudice," the claim can be refiled, but if the dismissal was "with prejudice," then an appeal is the sole avenue for relief.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: how do I file a motion for change of venue in civil court in tennessee?
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answered on Apr 5, 2024

Hire an attorney to file the Motion upon grounds shown to the Court. That is not a pro se matter.

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