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Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Tennessee on
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract

They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval

Anthony M. Avery
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answered on Aug 7, 2023

Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or... View More

2 Answers | Asked in Civil Litigation for Tennessee on
Q: If a pedestrian is walking on a roadway, driveway or public parking lot without proper ground markings where moving

vehicles are visible, is it the pedestrian's responsibility to yield to moving vehicles on said roadways, driveways and public parking lots?

T. Augustus Claus
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answered on Jul 27, 2023

In Tennessee, pedestrians are generally required to yield the right-of-way to moving vehicles when walking on roadways, driveways, or public parking lots. It is essential for pedestrians to exercise caution and be aware of their surroundings to avoid potential accidents with vehicles. Both drivers... View More

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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?

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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

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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

1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Tennessee on
Q: Can I sue??

Me and my dad filed a house claim March 3,23 through insurance , we have been battling through terrible problems the whole time, Tennessee how a matching law on roofs , our insurance company refuses to abide by the match law we have been paid 9,000 for the inside and 3g for the roof . All damages... View More

Tim Akpinar
Tim Akpinar
answered on Jun 13, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. Filing a lawsuit is generally an option in most insurance claims (a local attorney must advise here after reading your policy - sometimes arbitration is listed as a forum).

The best way to answer your...
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1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Tennessee on
Q: I bought a cargo trailer from a private party. I received a bill of sale but no title. Seems there is a lien in place.

I’m military, living in Tennessee but currently serving a tour in Korea. Seller lives in Missouri. Lien is recorded in Illinois. After months of excuses about the bank being slow I received a picture of a title with matching vin showing the seller as the buyer and the lien signed off. So not a... View More

Anthony M. Avery
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answered on Jun 9, 2023

If the contract was made in TN, then jurisdiction arguably lies there. But it sounds like it is a MO contract, and apparently that is where the seller would be served, so MO is alot safer. You did not mention the price involved, which makes a difference. If that photo shows a lien, then contact... 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?

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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

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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?

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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.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: How long do have to file for a motion of reconsideration in tn chancery civil
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answered on May 15, 2023

Generally Rule 59 Motions have to be filed within 30 days of the entry of the Order. Sometimes a certain Court's Local Rule might shorten the time on certain motions.

1 Answer | Asked in Consumer Law, Civil Litigation and Small Claims for Tennessee on
Q: I live in Tennessee. I want to file a small claims action against Samsung Electronics USA. Not sure where to file.

Samsung's headquarters is in New Jersey. Do I file in Tennessee or New Jersey?

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answered on Apr 28, 2023

In Personam Jurisdiction varies greatly. If there is a contract, it might have a jurisdiction term, or you might be able to sue in the County where it was formed. With a tort, where the injury occurred. Almost always you can sue in the defendant's home place. Depending on the case, you... View More

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

1 Answer | Asked in Criminal Law, Civil Litigation, Collections and Gov & Administrative Law for Tennessee on
Q: What is a civil warrant that recalls suspended sentence for non payment of probation fees but it's been 1 year since

The end of your probation period can you go to jail?

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answered on Apr 7, 2023

If it is a Civil Warrant for General Sessions Court, then a VOP is not an issue. However once a Judgment for money is entered, post-judgment asset discovery is a possibility where contempt of Court is a possibility. Nonpayment of Court Costs can affect your Licenses. The Court Clerk is after... View More

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
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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 Family Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a former admin law judge for TN Dept of HHS, act on behalf as Guardian for a disabled teen in the 10 grade

My son was removed from his grandmother's house illegally without a signed court order from the judge. and his wife who also is an attorney was a assistant Council for the Department of Children Services is that legal or is that a conflict of interest. I know what my answer is but I want to... View More

Anthony M. Avery
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answered on Apr 5, 2023

No obvious conflicts shown. It sounds like he is practicing law in an area he knows well. Hire your own attorney.

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on
Q: Foriene Judgment in Texas

My wife and I were granted a Divorce in Oct 2021 In Illinois. She moved to Midland Texas, while I now reside in Tennessee. Since as a nurse, she makes a lot more money than me (retired) I was granted an alimony payment of 900 dollars per month based upon a 19-year marriage. According to my... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

It likely has to do with title to property.

For example, if she was awarded a motor vehicle in your divorce decree but the title registration was not changed before she moved, she might have recorded the decree in Texas so she could register the motor vehicle in her sole name in Texas.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
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answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

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