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Tennessee Civil Litigation Questions & Answers
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: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... View More

1 Answer | Asked in Civil Litigation and Personal Injury for Tennessee on
Q: Firefighter carry no apparatus with him on the fire truck is that negligent

Fire truck comes to the house won't come up the driveway because they said the truck was tore up headway for another truck to show up but already had called for him earlier three people it called for a 911 took him 20 minutes 30 minutes to get here in the fire station is only 1.2 miles away... View More

Anthony M. Avery
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answered on Aug 24, 2022

Possible negligence cause of action. But it is a Government Tort Liability Action, so few lawyers know what to do. No jury and a 1 year SOL, with with caps on damages. You will need other firemen to testify as experts.

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
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answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Owner of small business oneida Tennessee, i was served condemnation summons, for our entire parking lot , of business,

June 10 2022, from TDOT , employees an customers will have no where to park, the attorney i have now, went on vacation same day. How many days , do i have to reply, so the court, sees it as failure to reply, an give possession to TDOT, of my entire parking lot. Please advise , urgent matter i... View More

Anthony M. Avery
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answered on Jun 13, 2022

Your Summons should tell you that your Answer is due within 30 days of Service. Hire a competent attorney. Fair Compensation can be asked for, and a suit might bring in more money. But the Government has Eminent Domain powers. You should ask for enough money to build another parking lot.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I had a contract / bill of sale for food truck. 20 k down and 1000 a month following. He hasn’t paid the thousand

It was stated in contract of payment not made on time, ownership reverts back to seller. Is this mine legally to sell again

Anthony M. Avery
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answered on Jun 6, 2022

Is the truck in your possession? If not, and you did not perfect the lien on the title, then the buyer could sell it. You will need an attorney to look at the contract and the facts prior to doing anything else. Otherwise you could be charged with theft or conversion.

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Motion to set aside a default judgement or appeal? What is a better option? (Civil)

A default judgement has been entered - but I had a baby mere days before the hearing - and no counsel to request continuance. Default judgement was granted and order was issued. Do I file a motion to set aside judgement or go ahead and appeal?

Anthony M. Avery
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answered on Sep 26, 2023

File the motion to set aside the default judgment. If denied, then appeal.

1 Answer | Asked in Civil Litigation, Legal Malpractice, Probate and Securities Law for Tennessee on
Q: How do I prove insurance fraud concerning an estate. Agent helping ex to pay off property with the decedent's insurance

Can insurance company lie to to Estate administrator and why would they require a court order for records if there was no fraud

Anthony M. Avery
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answered on Sep 25, 2023

What is your question? Apparently this is a complicated matter, and it does not appear you have standing. Insurance Fraud is a tort, and would not be involved in the Estate. Do you have damages? If not, no cause of action. Consult with an attorney.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: Civli Post Judgement Discovery in Tennessee

The judgment is just against me. I own zero assets, either solo, jointly, or tenants by the entirety. How do I best object/respond to requests for spouse info during post-judgment interrogatories? Invasion of privacy? Same thing with tax return requests? Redact all info but specific to me or refuse... View More

Anthony M. Avery
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answered on Sep 19, 2023

You probably have no grounds to deny their discovery requests. Answer truthfully before a notarty. Then file a Notice of Exempt Property.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: An individual is depriving me of myvehicle and driving it without registered tags

I have title in my name

Anthony M. Avery
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answered on Sep 15, 2023

You may wish to call LEOs and have him arrested for theft of property or unauthorized use/joyriding.

1 Answer | Asked in Civil Litigation and Construction Law for Tennessee on
Q: We recently found out them the company we hired to build a garage for us is not licensed in the state of Tennessee.

When we hired them we were still living in Illinois. The work that has been done has been delayed and is shoddy. The had us out more than 50 % down. Do we have any recourse?

T. Augustus Claus
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answered on Jul 12, 2023

In a situation where you hired a company to build a garage and later discovered that they are not licensed in the state of Tennessee, there may be potential recourse available to you. Reviewing the contract you have with the company can help determine if there have been any breaches of contract.... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Recently served papers for civil lawsuit, is it possible to get the issue resolved with the plaintiff before going court

Under $4k

Anthony M. Avery
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answered on Jun 20, 2023

Obviously you may be able to settle. It depends on the facts and whether you defend yourself or not. You may need an attorney or you may be able to compromise it a great deal for cash. Hiring an attorney would be the wise course, but if you call the P, he will use anything you say against... View More

3 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Tennessee on
Q: In Sevier county Tennessee how do I get the 911 tapes and the officers video cameras from their uniforms?

If another driver has falsely accused us of being active shooters can we Sue that driver?

Anthony M. Avery
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answered on Jun 7, 2023

You have to file a lawsuit and demand Discovery.

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1 Answer | Asked in Business Law and Civil Litigation for Tennessee on
Q: I am looking for a template to use to file a civil suit. Breach of Contract, $25,000, in Cheatham County, TN.

I am filing pro se, so would appreciate some help to put together this template for small claims/general sessions court.

Bennett James Wills
Bennett James Wills
answered on Jun 6, 2023

Tennessee has standard forms online for general sessions courts. You can get a Civil Summons (General Sessions) here:

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Immigration Law for Tennessee on
Q: Hello, if the husband discovered after his marriage that his wife deceived him and the law to come to America under the

America under the pretext of marrying him and divorcing five months after her arrival, what is the difference in the law or legislation in this matter?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on May 26, 2023

Please finish your question since it got cut off

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Loan and title in ex girlfriends name, But I made all the payments on the vehicle. Can I sue for the financial loss !!!

Loan and title in ex girlfriends name, But I made all the payments on the vehicle not her. Now that the loan is paid off she refuses to sign the title over to me or give me the vehicle. If she will not do either which she has stated she will not, Can I file a Civil Suit against her for the payments... View More

Anthony M. Avery
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answered on May 26, 2023

On the personal property she took, you can sue in General Sessions for an Action To Recover Personal Property or for Conversion. Suit for an equitable lien on the car in Chancery is doubtful. Consult with a local attorney for advice. There may be other ways to gain leverage over her.

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Q: I sued and lost I am responsible for the lawyer fees I want to buy land to live on I live in tn can they take my land?

I’ve currently been staying at campsites I found land that’s 2500$ unrestricted I want to live in my tent on my (I’m buying)land but I have a judgment of 2985$ can they take my land what about an homestead exemption? I am on ssi my husband works for Uber and doordash and we have one... View More

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answered on May 25, 2023

TN's Homestead Exemption has been upgraded and is now worth claiming. There are other Exemptions you will want to utilize also. However your SSI could be a problem. Hire a competent TN attorney to advise about asset protection before a Deed is executed for you.

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: What are the consequences if I can’t pay hoa dues/attorney fees by the listed payment date of judgement set against me ?

I received a letter in the mail with due date and I’m wondering if they have a right to take my house if I can’t pay by the due date?

Anthony M. Avery
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answered on May 24, 2023

Usually the HOA has the power to record a lien and then execute upon the property if you do not pay in full. It is a serious matter which you should have known prior to buying such a residence. Almost never is the debt against the owner, just the property.

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