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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Travel liable

If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More

Anthony M. Avery
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answered on Mar 19, 2024

I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on
Q: I am needing case law authorizing police to seize a tool of a crime; i.e., a car from fleeing or a car used in a theft.

Officers watch a shop lifter walk from the store they stole from and towards their vehicle. They are apprehended with said stolen items prior to being at their car; however, believing the car contains other fruits of a crime, they tow it to secure the evidence which would later be searched after a... View More

Anthony M. Avery
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answered on Feb 29, 2024

There are hundreds of search and seizure cases out there, published and nonpublished. This forum would not work. If you have a criminal charge then hire an attorney to move to suppress evidence for an illegal stop/seizure.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I want to sue a drug testing lab . The specimen type was nailbed screen and yielded false positive for fentanyl

I have a 2 toxicologist who have also agreed the values that came back were not from me using but somehow second hand . The lab set there cut off at a very low rate and it has made me lose my kids in the process . I don’t take any drugs and am a successful business owner .

Anthony M. Avery
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answered on Feb 21, 2024

That will be a very difficult case of negligence. You will have to have experts to testify and you will have to prove damages. Do not wait past 6 months from the false test to get a lawyer. Start calling now.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Small Claims for Tennessee on
Q: Do I need a lawyer in circuit court appeal of a general sessions judgement.

A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More

Anthony M. Avery
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answered on Feb 19, 2024

It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.

1 Answer | Asked in Libel & Slander, Criminal Law and Civil Litigation for Tennessee on
Q: In TN, If the "victim" of harassment is a no- show in court and Defendant pleads, "Not-Guilty", would case be dismissed?

In TN ,I was arrested for harassment, (a false accusation). and have yet to seek council. If I enter a plea of "Not-Guilty", and the victim is a no-show in court that day, would the charges against me be dropped and case be dismissed?

Anthony M. Avery
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answered on Jan 29, 2024

Sometimes yes, and sometimes the State gets a continuance to get the witness there. Hire a lawyer to deal with it. You do not want a permanent conviction.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I follow through with a writ of possession?

I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 29, 2024

If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.

2 Answers | Asked in Civil Litigation, Personal Injury and White Collar Crime for Tennessee on
Q: Calling people and telling lies in order to stop or ruin all my personal & business relationships. What can i do?

They have hacked my phone and have access to my contacts. They call my gas stations, bank, everybody. Even my friends from school. It's a crazy amount of funds and effort spent on a nobody like me. What course of action should be taken

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Nov 24, 2023

It is not clear from your question whether you know the names of individuals who have committed and continue to commit these actions. At the same time, you indicated that they make phone calls, respectively, it is possible to identify these persons by their phone numbers. Having determined the... View More

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1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
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answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: What does it mean when the court set a case for dismissal and then sets it for Status Conference.
Anthony M. Avery
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answered on Nov 1, 2023

I doubt that you actually know what happened in Court. Ask your attorney what is going on. Judge may have reconsidered his dismissal and decided to try it in the future.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: How do I owe Westlake management when my original contract was signed with US auto sales

Do they have to provide that they now own the contract?

Anthony M. Avery
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answered on Oct 30, 2023

If they are the Note Holder then you owe them. There is no requirement of notice of assignment, but usually there is a requirement in the Note or Security Agreement to give the address for payments.

1 Answer | Asked in Probate, Estate Planning and Civil Litigation for Tennessee on
Q: Do you have to probate house and land in Carter County, Tn? When Father dies and 2 sons do not want the property.

If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More

Anthony M. Avery
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answered on Oct 4, 2023

If there is sufficient equity in the property, then any tenant in common can file a Petition for a Sale For Partition.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: After a judgement is ordered in Tennessee, how long until the enforcement of that judgement can begin?
Anthony M. Avery
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answered on Sep 29, 2023

Usually 10 days after a Sessions Judgment and 30 days after a Judgment in Circuit or Chancery. Check for Appeals/Motions with the Court Clerk.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Car was stolen over a month ago by a 15-year-old and recovered by Knox County Sheriff's office, after insurance...

I am left with a $700 bill for repairs and rental car payments over the last 2 weeks since my $600 max rental coverage was exhausted after first 2 weeks. I have emailed receipts of repair and rental costs to the courts for the prosecutor and the last court date was over a week ago. I have not... View More

Anthony M. Avery
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answered on Sep 29, 2023

You will need to hire an attorney to sue the parents for damages. Any Judgment may not be collectable, so study your defendants carefully. Apparently no restitution was ordered, but did you go to Juvenile Court? You should of.

1 Answer | Asked in Civil Litigation, Personal Injury and Civil Rights for Tennessee on
Q: Can an officer testify that he was on the phone w/ someone who OBVIOUSLY was lying & I get convicted? Isn't that hearsay

A woman said that we were reloading suggesting that we were shooting at her and telling the officer on the phone this and he found out that it wasn't true. 10 officers held guns to our heads but had to let us go. Would this not be hearsay? The officer said that the woman was insistent that she... View More

Anthony M. Avery
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answered on Sep 29, 2023

You have to cross examine the LEO when he testifies against you. Does not sound like heresay for all of those facts, but probably some of it is. Without an arrest I doubt enough damages exist for a civil rights suit. Some other lawyer might want to sue, but I would not.

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

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