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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Tennessee on
Q: Someone forged my signature on my title and got it registered. They had the law show up and get my car who do I contact
Anthony M. Avery
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answered on Apr 5, 2023

How did someone get your Title? Apparently they convinced LEO's they owned the car, and may have filed an Action To Recover Property, where you should have been served.

But Forgery is usually a Felony, so you may be able to get law enforcement involved. If no Forgery of your name,...
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1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: The neighbor on the street behind the subdivision, our back yards are adjacent and separated by trees, trespasses.

She thinks our back yard is her property, she has mental issues, our back yards are separated by about 50ft of woods. Currently in criminal court because she hit my brother and he was a minor and civil court were the judge keeps rescheduling because she’s never able to prove the land is hers... View More

Anthony M. Avery
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answered on Mar 22, 2023

If LEO's do not believe criminal trespass and vandalism is occurring, then you have a civil matter. Hire a competent attorney that litigates real property. Search both titles, then file suit in Chancery for a Boundary Dispute. Service may be a problem with that woman, if she is the... View More

2 Answers | Asked in Civil Litigation and Construction Law for Tennessee on
Q: Contractor didnt pull permits while installing sub panel home burnt down due to breaker box being over loaded law suit?

Installed new hvac system breaker box was full so they installed a sub panel. Didn't now have permits nor inspections. Our home burns down 5 months later fire dept and investigators deem our breaker box was over loaded them not get a permit nor a inspections is this a law suit

Anthony M. Avery
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answered on Feb 22, 2023

Better start checking out the financial and asset status of your probable defendants. If insurance is involved, the carrier will have subordination rights. Proving your cause of action for negligence and proximate cause will be difficult, so get opinions of what happened in writing if... View More

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: How do I go about getting a judge to sign off on excess proceeds from property sale treasury has on hold I have a judgme

It's owed to me I have a judgment paperwork and everything it's just not in my name why I need judge to sign off so the treasury will release it to me

Anthony M. Avery
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answered on Feb 10, 2023

The judgment not being in your name makes no sense with you wanting to collect on it. The Judgment Creditor needs to collect his own Judgment. If the latter died, then possibly Probate is in order. In any event you are going to need a competent attorney to get that money.

1 Answer | Asked in Traffic Tickets and Civil Litigation for Tennessee on
Q: what would be considered a premise that is "frequented by the public at large"

pertaining to part 1 accidents 55-10-102

Henry Ambrose
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answered on Jan 25, 2023

Generally places that are open to the public fit in this category. Shopping centers, apartment complexes, office parking lots that also allow access to the public. Places that would not fit might be a fenced area with a gate that required a pass card or check in with a guard. The answer to your... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can a person sell a ROW to the adjoining property owner if it is a county road and buyers thought it private

There is a road adjoining our property which we always were told was a private road. The man who said he owned this road sold the right of way to us in 2013. We paid $3450 for this ROW and have been paying property taxes on that parcel of land. We have since sold 1.78 acres adjoining said ROW to... View More

Anthony M. Avery
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answered on Jan 25, 2023

Apparently you did not check the title. If not a warranty deed, no cause of action probably exists as a practical matter. With a WD, it will still be iffy. You might ask the Trustee for the taxes back, or even sue for them, but I doubt it will be successful.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: what tennessee case law says that a party disputing contractual intent must prove neither party intended a contract?

It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I am being sued in another county and do not have transportation.

I am being sued in Chancery Court in a county that I do not live in. I have no means of transportation to the county of the lawsuit. What are my options for subpoena? Can I object based on distance?

Anthony M. Avery
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answered on Jan 10, 2023

Nonavailability of transportation is not a legal defense. Hire an attorney to represent you and go from there upon his advice. At least file an Answer within 30 days of service, and call the Clerk & Master about this Case. If being sued for money, you probably need to examine your... View More

1 Answer | Asked in Estate Planning, Family Law and Civil Litigation for Tennessee on
Q: Out of three beneficiaries can one of them be the trustee

My aunt has weaseled her way into being the trustee because the original trustee not one of the beneficiaries turned it down and named her. My aunt named her husband as her successor trustee and her husband named the original trustee who turned it down.

Anthony M. Avery
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answered on Jan 4, 2023

Who created the Trust? The Settlor appoints his Trustee/ Successors in the Trust. Have you read it? The Trustee may be able to appoint his Successor. Are you a Trust Beneficiary? If not, you lack standing. Otherwise you can file suit in Chancery for an Accounting, Removal For Cause, etc.... View More

1 Answer | Asked in Civil Litigation, Contracts and Internet Law for Tennessee on
Q: If I sign a contract-at school-agreeing that I will not post on social media about a person can I get in trouble if i do
Tim Akpinar
Tim Akpinar
answered on Jan 3, 2023

A Tennessee attorney could advise best, but your question remains open for three weeks. If it's a contract with the school, it's possible that violating it could result in loss of privileges or some form of discipline by the school. Depending on what's posted, it's even possible... View More

1 Answer | Asked in Tax Law and Civil Litigation for Tennessee on
Q: I am being harassed by an RTO shed owner that went out of business and has taken me to court and I have been told by the

And I have been told by a good source that he's just doing this to make me pay for something I did not do I want to sue

Anthony M. Avery
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answered on Jan 3, 2023

Have you been served with a civil warrant? If not, you might forget about it until sued. Generally a 6 yr SOL. If worried, then make him a cash offer if you received a shed.

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... View More

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2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Anthony M. Avery
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answered on Jan 3, 2023

You will want check out the financial condition of anyone you are going to sue. Especially land records might be beneficial for a prospective lien, or employment and banking for garnishment.

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: If I'm in a civil court case and I miss court will they put me in jail my next court date?
Anthony M. Avery
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answered on Jan 1, 2023

Some civil cases can result in contempt, usually domestic or collections oriented. But usually default judgments are entered. What kind of case is it?

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I did a private sale on my vehicle they haven't paid can I repossess it

I sold it for $800 and he's only paid $200 and it's been almost a year

Anthony M. Avery
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answered on Dec 2, 2022

Unless you put a Lien on the Title, a non-judicial repossession is out. Sue in General Sessions for the Debt, then possibly execute upon the car if a bank account is not available. If you still hold Title, then file an Action to Recover Personal Property, also in Sessions.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What can I do about a car lot that doesn’t want to give me my down payment back, although they were unable to finance me

I got the car on November 5 and put $1000 down and on November 7. They told me I needed to bring the car back because they were unable to verify that I had stable income although they let me take the car from the lot on November 5, the man at the dealership said that he would be able to give me my... View More

Anthony M. Avery
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answered on Nov 23, 2022

You can file suit for Conversion in General Sessions Court, but I doubt it is worth the trouble. Even with a Judgment, then you have to collect. Their position obviously has some merit, since it is your credit that was not sufficient.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: My personal vehicle’s paint was damaged from a chemical coming out of the plant that I work at.

Employer has accepted responsibility and have received estimate for repairs but have yet to compensate. Was course of action can be done?

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. If your employer has expressed a willingness to cover the damages, you course of action is to work together cooperatively in showing the car to verify damage, obtaining estimates, working with their insurer, and... View More

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
Anthony M. Avery
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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?
Anthony M. Avery
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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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