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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills
answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Tennessee on
Q: Without any prior notice, not in any violation of lease. I was evicted by force Can I.sue.l

Have not been allowed to gather any of my belongings until yesterday.90% of which is missing evicted on 11/10/2020

I have lost my job as a result. No clothing all my tools are gone. Can't find work no tools any more. My now exgirlfreind wanted me out, so landlords violated every rule... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Dec 8, 2020

You have not stated whether a Detainer Warrant was filed or not. But if you have some kind of proof or an admission the landlord or his agent took your property, you can sue for Conversion. Be careful of your defendant's name and and service. General Sessions is probably the best forum.... Read more »

1 Answer | Asked in Civil Litigation and Insurance Bad Faith for Tennessee on
Q: When do insurance firm settle for policy offer to the opposing plaintiff and why

If you're involve in an accident not at fault, the at fault drive does not have enough to covered medical bills. But, the vehicle you are in as a passenger has insurance, the owner tell her insurance you not supposed to be in the car. But, it's your husband driving the car and it's... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2020

A Tennessee attorney attorney could answer best, but your question remains open for four weeks. As a general matter, an insurance company will settle for the policy limits when it determines that it is a good business decision to do so. There's no hard fast rule that if you satisfy a certain... Read more »

1 Answer | Asked in Civil Litigation, Probate and Estate Planning for Tennessee on
Q: My aunt took my dead mother’s belongings and refuses to distribute them

My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... Read more »

Bennett James Wills
Bennett James Wills
answered on Dec 1, 2020

You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Appellant did not file brief within time allotted by Tennessee law

Appellant did not file brief within time allotted by Tennessee law. What happens to appeal?

Bennett James Wills
Bennett James Wills
answered on Dec 1, 2020

The appellee could move to dismiss the appeal and seek recovery of fees/expenses. If nothing is done, the Court of Appeals will likely dismiss the appeal on its own.

2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
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Michal Durakiewicz
answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: I was sued for loan in Tn. that lists me as applicant, co applicant and co signer. Not sure which so called position

they claim i hold. We both were sued but only i showed up for court. The judge dismissed without predjudice. How long do they have to refile case against me?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2020

Statute of limitations on a breach of contract is 6 years.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I was handed a piece of paper informing me of a 3 day eviction for a violation of noise complaint

Never have I been given a notice and bills paid monthly by trustee of my money

Anthony M. Avery
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Anthony M. Avery
answered on Nov 9, 2020

Not sure of your question. But the landlord will have to file a Detainer, get it served/posted, and obtain a judgment for possession. Then if you are not out in 10 days, a Writ will be executed by the Sheriff to remove you. You may be able to defend that there exists no breach of contract. at... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Someone is take is pictures of my and my family without permission outside of my apartment what can I do?

I was taking my dog outside to play in an area in front of the apartments this lady and her husband will stand outside taking pictures of my and my husband

Bennett James Wills
Bennett James Wills
answered on Nov 3, 2020

Nothing. People can photograph anything that's in a public place. They don't need permission.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Evicted in 2018, property is now saying I owe them damages. I owe them nothing. Is there a time limit? Renters after me
Anthony M. Avery
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Anthony M. Avery
answered on Nov 2, 2020

SOL for breach of contract is usually 6 years. SOL for property tort is 3 years.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: How do I recover lost wages, damages, rental and have them cited for no insurance and driving without a license?

A car with Mississippi auto dealer tags was uninsured with unlicensed 15 year old driver...driving who backed out of their driveway into our car that we bought the day before! They were not given any citations from officers. The damages to our car est. 13,050. Our uninsured motorist policy has... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 28, 2020

If your insurance does not cover the whole amount of damages you'll have to file a lawsuit against the driver/parents to try and recover a judgment for damages. But you can't force the police to issue citations.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 27, 2020

You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim...
Read more »

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If I am on contract renting to own a home, can the original owner go behind my back and borrow more money on it?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 14, 2020

Absolutely. You only have the right to possession and possibly exercise an option to purchase. You do not own the property.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 7, 2020

a Notary can notarize documents. A notary should not create legal documents.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Tennessee on
Q: Can a small estate be sued.

My daughter died suddenly with few assets and no will. She also had no debts except those acquired surrounding her death. The ambulance sent one bill the first month after death but none since, the Hospital sent a couple and stopped, and the ER Physician group sent many and referred her to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 9, 2020

You opened up the can by filing Probate. Hire a competent attorney to close this Estate. If no claims are filed within 1 year of death, then it will be great. But you have a fiduciary duty to contact all known creditors, and you can be sued yourself. Administrative expenses should be paid... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer
answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

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