Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Tennessee on
Q: My wife passed away last month. She got loan from individual and institutions without my knowledge. She was working govt

School..shall husband responsible for this

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

Creditors can argue it was a necessity, or that you cosigned. If sued, hire an attorney to defend you. This happens alot, and they will wear you out in Court until you finally try it.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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: What is the law in tn on eviction .Davdson co,1 year lease.

If tennant hasnt paid for the whole month on yearly lease .An you give them a 14 day notice to pay or quit,an they do nothing,can you proceed with eviction ,an how many day notice must be given.An does any of this have to be certified or can a delivered notice to the door or mailbox be... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2022

File a Detainer Warrant now at General Sessions Court. I would forget about rent and sue for possession only, unless you really think you can collect. Service/Posting is Notice To Quit.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can I hire a lawyer to make a call and send a letter to a contractor who has not completed work that has been paid for?
Bennett James Wills
Bennett James Wills
answered on Oct 31, 2022

Sure. Attorneys will often send demand letters. Use the search function to find a local construction attorney to help you out.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The mother deserves to see dash and body cam they shot her boy in the back

Hamilro. County Tennessee release body cam of J.M.F. being shot in the back on 10/01/2021 in soddy daisy Tennessee on berry meadow way he was wanted for questioning only

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2022

You probably have already busted the SOL. Especially since some representative must file suit. Talk to a lawyer today, but understand you are probably too late.

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 Criminal Law and Civil Litigation for Tennessee on
Q: How do I get/file forms to sue my neighbor who will not stop trespassing on my lawn?
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2022

You can sue for Trespass in General Sessions. Damages will be a problem, so expect little or no money. Obtain service information and carefully fill out a Civil Warrant.

1 Answer | Asked in Civil Litigation, Contracts and Criminal Law for Tennessee on
Q: What kind of action could be taken if I found out my Union Attorney Representation was not registered to practice law?

Nore was there a cosigner for him to practice law approved by State Bar of GA.

What action can I take after my arbitration panel has taken place?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2022

In TN call the Sheriff or the DA to request charges. It might be grounds for setting aside an adverse decision.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Estate Planning and Civil Litigation for Tennessee on
Q: Married with unsecure financial debt in my name only. We reside in TN in the event of my death is my wife responsible
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2022

Usually if not in her name, she is not responsible. But a creditor can argue some debts were a necessity, like medicals, food, rent, etc, and still sue her.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Is it possible to obtain federal civil trial transcripts that has been decided and no longer in litigation?

xx et al., Plaintiffs,

v.

CITY OF MEMPHIS, Defendant.

No. 06–2109–STA.

Adcock v. City of Memphis, No. 06-2109-STA, 2010 WL 5090440 (W.D. Tenn. Dec. 8, 2010)

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2022

Call the Court Clerk and ask. The File is a public record.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Criminal Law and Civil Litigation for Tennessee on
Q: How do I submit my dismissal of charges for lack of evidence when I don’t know the form format?

Charges Felony C Especially Aggravated Stalking with a dashcam. Only went down street twice, don’t want them to just drop charges, I want them dismissed.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2022

Hire a competent attorney. You will not be able to represent yourself effectively for such Felony charges.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Contracts, Civil Litigation and Collections for Tennessee on
Q: can a car lot keep your down payment if they take the car back

I put a down payment on a car and 2 weeks later they called and said they were taking it back because I changed jobs. I was told it was illegal for them to keep my down payment. Is that true? Because they shouldn't be allowed to keep my money if they take the car for no reason. They have done... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2022

Both Parties can argue they are entitled to the money. But it is up to you to file for breach of contract, conversion, etc. in General Sessions Court, where you will have the burden of proof.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: How do I get my car back in tennessee. Lienholder repossed it is harassing me for.money I do not owe.

He refuses to write me a receipt and continually threatening not allowing me to get personal property from vehicle.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2022

If the property is significant, file an Action to Recover Personal Property in Sessions. As to debt, it is up to him to sue you. I doubt FDCA applies here enough to file suit.

1 Answer | Asked in Civil Litigation, Identity Theft and Small Claims for Tennessee on
Q: Can I sue for theft of property, damage of property, extortion, fraud, forgery, harassment of government law enforcement

9 people involve, police officer on video surrounding my house, and entering my mailbox to receive my info .

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2022

You may or may not have a Governmental Tort Liability Act/ 18 USC Section 1983 action, as it sounds like you were not charged. But you will need damages, which are capped. Consult with a competent attorney.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.