Tennessee Civil Litigation Questions & Answers

Q: Are there different rules to follow if you're suing a government entity versus a civilian or non-government business in

2 Answers | Asked in Civil Litigation for Tennessee on
Answered on Nov 5, 2018
Mr. James Charles Wright's answer
State Government- different "court"

Local government same rules, same court.. but there are some statutory differences.

Q: can agent be held responsible for writing up bad life policy

1 Answer | Asked in Civil Litigation and Insurance Defense for Tennessee on
Answered on Nov 1, 2018
Mr. Kent Thomas Jones Esq.'s answer
That is the most ridiculous thing that I have ever heard of. You need to consult with local counsel immediately.

Q: Sisters own 30 acres 50/50 one want to build on her 15 other wants to force sale of all 30Can she force sale of all 30

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Answered on Oct 25, 2018
Anthony M. Avery's answer
Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as...

Q: I was convicted of a bank robbery in 2005, I would like to know is there anyway to get my gun rights back even though

1 Answer | Asked in Civil Litigation, Criminal Law and Federal Crimes for Tennessee on
Answered on Oct 23, 2018
Anthony M. Avery's answer
The normal answer is no. There is an ATF Regulation that sometimes grants ownership of a specific firearm, but it is almost never granted, and never upon a violent firearm criminal conviction. A competent NRA lawyer can advise you of your weapon options.

Q: Just bought the home I live in. Want roommate to sign a lease. What if he won't?

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
Answered on Sep 26, 2018
Leonard Robert Grefseng's answer
As you are now the owner, you can decide the terms under which your tenant may continue to live there. However, if he/she refuses your terms and won't sign, you will have to go through the eviction process ( give advance notice of termination, then filing a detainer warrant) to force him to leave. This assumes they won't voluntarily leave.

Q: I filed a detainer warrant to have my ex evicted from my apartment but I missed my court date. What do i need to do?

2 Answers | Asked in Civil Litigation for Tennessee on
Answered on Sep 25, 2018
Leonard Robert Grefseng's answer
if more than 10 days have expired since the court date, you will have to re-file the case and pay another filing fee. In other words, just start over. If less than 10 days, you could appeal the dismissal , but the costs of an appeal may be more than just re-filing. Check with the court clerk to see if they will re-set the case (but I suspect this will only work if you have a GOOD reason for missing court).

Q: Can a company change their name to avoid a lawsuit?

2 Answers | Asked in Business Law and Civil Litigation for Tennessee on
Answered on Aug 28, 2018
Leonard Robert Grefseng's answer
I suspect not- changing the name will require filing documents to change the ownership of property, vehicles. business licenses, etc. Also, unless it is a sole proprietorship ( a single owner), changing the name will require filing documents with the Secretary of State ( for corporations and limited liability companies). In summary, those name change documents would establish that the former business that you want to sue is actually the same business as the new one , just under a different name.

Q: I recieved a check from Craigslist for a job opportunity. opened a bank account with that check.

1 Answer | Asked in Banking, Civil Litigation and Criminal Law for Tennessee on
Answered on Aug 11, 2018
Mr. Kent Thomas Jones Esq.'s answer
If you receive a check from an unknow force, don't take any money from it until it clears the bank.

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 M. 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 M. 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 M. 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.

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