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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

1 Answer | Asked in Consumer Law for Tennessee on
Q: If I am getting subpoenaed for a debtors examination, can I demand the plaintiff pay for a court reporter?

They know I have no assets, so they are doing it as a form of harassment ( I have already submitted written answers). It also requires me to travel 100+ miles. If I do have to go, what techniques can I use to make it as expensive as possible for them so they finally understand their ROI is zero? I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 16, 2023

You need to hire an attorney to look at your financial condition and file a Notice Of Exempt Property.

1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Post-Judgment Interrogatories Limitations

How far can I be excepted to travel for this and how often can they subpoena me for this? I have no assets so it seems as harassment once they are aware of that. I was sued 4 counties (>100 miles) away in Tennessee in Chancery court.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 11, 2023

Without more details it is hard to answer. Look up motions for Protective Orders in Tennessee or you may need to hire a lawyer to file one for you. I am not sure whether you are entitled to relief- but that would be one avenue to approach.

2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... Read more »

Tammy Lee Hussin
Tammy Lee Hussin
answered on Jan 12, 2023

If the calls are automated and you have no business relationship with the mortgage company, you might be entitled to statutory damages under the Telephone Consumer Protection Act. If you answer the calls and you hear an automated voice prior to speaking to a live representative, you should reach... Read more »

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2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

It sounds like you have told them not to call you- I suggest you block the number.

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1 Answer | Asked in Consumer Law, Federal Crimes and Social Security for Tennessee on
Q: What kind of lawyer I need to talk to about my social security number keeps popping up that I'm deceased since last year

An extended friend of mine got a call from a funeral home last year saying I gave them that number which wasn't mine to make plot arrangements and burial plots for myself and every since then I been popping up as deceased even when I went out of state and tried to buy a phone it showed I was... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2022

A Tennessee attorney could advise best, but your question remains open for five weeks. It would be helpful for the lawyer to have experience working with personal information with government agencies. Maybe reaching out to identity theft, social security, privacy & security, or other attorneys... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I paid my car off two months ago and they refuse to send me my title. I don’t know why. Can someone help me?

The person over my account refuses to send my car title. My car was paid off on 8/5/22. The lady gave me a fake tracking number and a fake certified mail receipt. I called the Department of Revenue and told me to seek legal counsel and wouldn’t tell me why.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

Car Dealer probably never owned the car. You will need an attorney to complain to the proper agency and make a claim. A suit may be needed also.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: How often can a debtor be subpoenaed for post judgement discovery in Tennessee
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 6, 2022

There is not limit during the life of the Judgment. You might move to quash for abusive filings, but it will probably be denied.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
Henry Ambrose PRO label
answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
Read more »

1 Answer | Asked in Consumer Law and White Collar Crime for Tennessee on
Q: Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership?

My husband and I own a boat that we decided to sell. We put it on a lot for a dealership to sell for us. The deal was that the boat would not leave the lot until paid for. We also agree that the dealerships would take $500 for selling it. We got a call from the dealership about 12 days ago saying... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 11, 2022

Probably a Civil Warrant in General Sessions Court for Breach of Contract or Conversion. Hire a TN attorney.

1 Answer | Asked in Consumer Law, Contracts and Health Care Law for Tennessee on
Q: how do i make a case with billing provider I have, have lost thousands of dollars

they are changing the order of my documentation hence getting claims denied

new provider owned practice, been opened a year

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It doesn't make sense for a provider or billing company to jeopardize payment for medical services by submitting procedures (or supporting documentation) out of sequence; further, the claims examiner should... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Tennessee on
Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?

Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage.

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Depends on whether you purchased "as is" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Hello, I purchased a car parts off of Facebook from Tennessee. I live in NY. Paid with a money order. Still not shipped

It was on Facebook marketplace he would only accept money order. Asked cost to ship it to New York give me the price. I paid him with a money order. Keep saying it’s shipped says he’ll give me a tracking number and never does.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 11, 2022

You may have to sue for Breach of Contract in General Sessions. Hopefully you have sufficient service information. I doubt the LEO's will arrest for Theft.

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
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 Consumer Law, Contracts and Construction Law for Tennessee on
Q: My contractor hasn’t finished a simple job for 9 months. Can I just fire him or do I have to wait a certain # of days?

It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.

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