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Tennessee Civil Litigation Questions & Answers
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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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... View 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... View 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...
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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
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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
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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... View More

Anthony M. Avery
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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,... View 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
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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... View 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
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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... View More

Anthony M. Avery
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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... View 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... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Is detainer warrant the summons to court?

Which one would be considered the detainer warrant the summons to court or the three days to vacate. The three days to vacate did not come until after the summons to court. at at no time prior to that did they communicate anything about back rent. We're on a month-to-month lease with them and... View More

Anthony M. Avery
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answered on Sep 1, 2020

The Detainer Warrant is a notice to quit. So go to Court. You might need a lawyer since apparently you are being sued for rent and other monies.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If two married people have an affair, what are the laws on child support in TN

Can the mother and husband request child support from the biological father?

Bennett James Wills
Bennett James Wills
answered on Aug 31, 2020

Child support is calculated based on income, custody, and other factors and compared to the child support guidelines. Adultery is not one of those factors.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Do I have to represent myself in depositions since my lawyer isn't available that day and cant get the day changed?

I just hired my lawyer a couple weeks ago. He has been trying to reach the other parties lawyer since then to get it changed to a date that he will be available but has gotten no response. Im afraid I will have to represent myself in depositions tomorrow even when I have hired an attorney.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2020

Your own lawyer is really the only one who could advise here, but it is frustrating to see someone not knowing what is going on with their deposition three hours before the close of business on the preceding day. Hopefully you have worked this out by now, but if not, keep trying to reach your... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

Anthony M. Avery
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answered on Aug 13, 2020

Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor.... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mother in law passed, man she had been with for years (separated/changed address about 1 month before she died) broke in

He has not lived there in over a month, and has never paid a bill there, and they were not married. We are pretty sure he broke in and took some of her property. What legal recourse do we have if any? Police told us "that's technically still his house." So nothing they could do. Also... View More

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answered on Aug 11, 2020

The Next Of Kin can sue him General Sessions Court for Conversion. It will be difficult to recover a Judgment however.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Tennessee on
Q: What are the laws when a breeder sells you a dog and the dog dies due to a illness the breeder knew about?

The breeder knew about the illness but didn’t tell us about the illness.

Kristina M. Bergsten
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Kristina M. Bergsten
answered on Jul 18, 2020

It usually depends on the language in the purchase contract, but if the contract doesn’t cover this sort of illness or you can prove the breeder knew about the illness, you Can sue for your financial losses and vet bills.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Im starting a business, and I’m wondering if my ex will be entitled to any of the money that I make from this business?

My husband and I have been separated for over a year. We are planning on filing in the next month or two. The business is not up and running, nor will it be for at least another six months, but since I am starting it before our divorce, I worry he may try and claim part of my income.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 7, 2020

Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the... View More

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I own a business with noticeable decrease of sales from past loyal customers. Just learned that a mayor shared my name

From an anonymous complaint resulting in several customers and friendships affecting our business and name in our network. Is there a slander ethic complaint to file on this mayor that would hold up

Paul E. Tennison
Paul E. Tennison
answered on Jul 2, 2020

I am unaware of any ethics complaint that may be beneficial for you here. However, you may have a civil cause of action against this mayor for defamation. I recommend you speak with an experienced defamation attorney to determine if you have a case. For more information on defamation law in... View More

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