Tennessee Consumer Law Questions & Answers
Q: New Car Dealer increased the price of the car by $ 14,387 and removed the sticker before negotiations were completed.
Anthony Marvin Avery's answer
I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.
I doubt you have any type of legal remedy. You might hire a lawyer to sue to Rescind the Purchase, but continuing to use the car will defeat your possible case. It appears that you ultimately agreed to the price, unless you did not sign a Bill of Sale, or a Note and Financing Agreement.
Q: I put a down payment on a puppy in Monterey Tennessee. The puppy has parvo and breeder won’t return the down payment.
Bennett James Wills' answer
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.
Q: Being sued by previous car lender, with issues.
1 Answer
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Bankruptcy, Consumer Law, Collections and Probate
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Tennessee
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Answered on Apr 15, 2019
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.
Q: Gault Financial is taking me to court for a debt that is over 10 years old. Isn't there a time limit?
Anthony Marvin Avery's answer
The usual Statute of Limitations is six years from date of Contract Breach. That is from your last payment under the Contract. Sometimes the Contract Terms state a different SOL. You need a competent attorney to force them to prove the date of breach, and you must plead the SOL.
The usual Statute of Limitations is six years from date of Contract Breach. That is from your last payment under the Contract. Sometimes the Contract Terms state a different SOL. You need a competent attorney to force them to prove the date of breach, and you must plead the SOL.
Q: In TN when does the 10 year period of a judgement lien begin? The date of the court judgement, Date filed, date recorded
Anthony Marvin Avery's answer
The Judgment Lien exists against your property in that County where it is registered for ten years from the date of Judgment. If it was ordered by the Judge on 4/7/2009, then the Lien lapsed last midnight. However the Judgment Creditor might have asked the Court to extend it for another ten years, but this would have occur prior to the termination of the original Lien period. The Judgment may or may not still be enforceable. And unless you file a Declaratory Judgment action to remove the...
The Judgment Lien exists against your property in that County where it is registered for ten years from the date of Judgment. If it was ordered by the Judge on 4/7/2009, then the Lien lapsed last midnight. However the Judgment Creditor might have asked the Court to extend it for another ten years, but this would have occur prior to the termination of the original Lien period. The Judgment may or may not still be enforceable. And unless you file a Declaratory Judgment action to remove the...
Q: Mercedes Benz credit told me they had written off my auto loan
Anthony Marvin Avery's answer
Writing off a Loan is not a legal term. The Lender has apparently decided not to pursue collection activities against you and has taken a business loss on its taxes. The Note is probably still enforceable for at least 6 years from your last payment and could still be the basis of a Breach of Contract Suit.
Writing off a Loan is not a legal term. The Lender has apparently decided not to pursue collection activities against you and has taken a business loss on its taxes. The Note is probably still enforceable for at least 6 years from your last payment and could still be the basis of a Breach of Contract Suit.
Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer
1 Answer
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Business Law, Civil Litigation, Construction Law and Consumer Law
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Tennessee
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Answered on Apr 1, 2019
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.
Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans
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Bankruptcy, Consumer Law, Collections and Elder Law
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Tennessee
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Answered on Mar 23, 2019
Answered on Mar 23, 2019
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.
1 Answer
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Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice
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Tennessee
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Answered on Mar 10, 2019
Answered on Mar 10, 2019
Q: My father died and his sister's sold all his belongings without consent can we sue
Anthony Marvin Avery's answer
In the County of his death, you might file a Small Estate Affidavit. This will make you the Administrator with authority to sue her on behalf of the Estate for Conversion, Action to Recover Personal Property, and possibly request a Warrant issue for her Theft of Property (from the rightful owners, the Next-Of-Kin).
In the County of his death, you might file a Small Estate Affidavit. This will make you the Administrator with authority to sue her on behalf of the Estate for Conversion, Action to Recover Personal Property, and possibly request a Warrant issue for her Theft of Property (from the rightful owners, the Next-Of-Kin).
Q: What can I do if someone attaches a hose to my house without permission multiple times a month
1 Answer
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Civil Rights, Consumer Law and Real Estate Law
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Tennessee
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Answered on Feb 18, 2019
Answered on Feb 18, 2019
Anthony Marvin Avery's answer
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.
Suing the Owners for utility expense will result in a countersuit for rentals and damages.
If he owns the House, then yes, he can run a water hose to it anytime. You may wish request a surcharge on your Rent from the Landlord, but there is little you can do outside of leaving the Leasehold. If the water use was enormous each month, then this might be considered a Constructive Eviction by the General Sessions Court, but it is doubtful.
Suing the Owners for utility expense will result in a countersuit for rentals and damages.
Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?
1 Answer
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Consumer Law, Foreclosure and Collections
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Tennessee
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Answered on Feb 13, 2019
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Q: I surrendered my vehicle over 10 years ago. It sold at auction. Can I be used for that still?
Anthony Marvin Avery's answer
Generally the SOL of 6 years will begin from your first default under the Note. Then after Judgment, the Creditor will have 10 years to collect unless it is extended. If they are just now suing,. hire a competent attorney to plead the SOL.
Generally the SOL of 6 years will begin from your first default under the Note. Then after Judgment, the Creditor will have 10 years to collect unless it is extended. If they are just now suing,. hire a competent attorney to plead the SOL.
Q: i received a civil warrant and court date from portfolio recovery. i have no knowledge of this credit card and it’s
Bennett James Wills' answer
General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...
General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...
Q: What should be done when a Former Partner of a surveyor, hired for private property job, impersonates the person hired?
1 Answer
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in
Consumer Law, Criminal Law and Business Law
for
Tennessee
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Anthony Marvin Avery's answer
You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated,...
You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated,...
Q: Do realtors have to tell you when they receive a contract on your house?
1 Answer
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in
Consumer Law, Contracts and Real Estate Law
for
Tennessee
on
Answered on Oct 1, 2018
Answered on Oct 1, 2018
Leonard Robert Grefseng's answer
The real estate agent is a fiduciary- this relationship has a strict duty of loyalty and good faith. This conduct should be reported to any supervisory contacts ( the managing broker at the agency in question) and possibly to the state real estate licensing board. Consult a local real estate attorney to determine if your listing agreement has been breached such that you can terminate the agency.
The real estate agent is a fiduciary- this relationship has a strict duty of loyalty and good faith. This conduct should be reported to any supervisory contacts ( the managing broker at the agency in question) and possibly to the state real estate licensing board. Consult a local real estate attorney to determine if your listing agreement has been breached such that you can terminate the agency.
Q: Wells Fargo advertised house in TN on Auction.com. I won bid but quitclaimed empty lot, not house. Need help now.
1 Answer
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in
Contracts, Real Estate Law and Consumer Law
for
Tennessee
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
Anthony Marvin Avery's answer
You knew that there were problems with that kind of property to start with, so why did you not hire an attorney to do a title search? Well you have to search both titles now in order to prepare for suit. Did you sign a Contract of Sale? The website probably has no liability. Each and every detail of your communications with a Bank representative needs to be set out now. A Fraud Suit in Federal Court may be in order and may be your only remedy, but then you may have misread site....
You knew that there were problems with that kind of property to start with, so why did you not hire an attorney to do a title search? Well you have to search both titles now in order to prepare for suit. Did you sign a Contract of Sale? The website probably has no liability. Each and every detail of your communications with a Bank representative needs to be set out now. A Fraud Suit in Federal Court may be in order and may be your only remedy, but then you may have misread site....
Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?
1 Answer
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Consumer Law, Foreclosure and Real Estate Law
for
Tennessee
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Anthony Marvin Avery's answer
Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Q: What can I do? I don't have much money! I have all email/text correspondence with Sky Cargo Ways.
Adam Savett's answer
I’m sorry to say, but it looks like the company is a scam.
A number of websites describe the scam. Here are two examples:
https://scamwarners.com/forum/viewtopic.php?f=36&p=357721
https://petscams.com/pet-delivery-scam/skycargologistics-us/amp/
If you paid by credit card, please dispute the charges with your credit card company.
I wouldn’t send this company any more money.
You can also file a complaint with your state’s attorney general....
I’m sorry to say, but it looks like the company is a scam.
A number of websites describe the scam. Here are two examples:
https://scamwarners.com/forum/viewtopic.php?f=36&p=357721
https://petscams.com/pet-delivery-scam/skycargologistics-us/amp/
If you paid by credit card, please dispute the charges with your credit card company.
I wouldn’t send this company any more money.
You can also file a complaint with your state’s attorney general....
Q: By Tennessee Law if a contract states a 2% interest if breach of contract occars what is the max judgement interest rate
1 Answer
| Asked
in
Civil Litigation, Consumer Law, Contracts and Small Claims
for
Tennessee
on
Answered on Apr 23, 2018
Answered on Apr 23, 2018
Mr. James Charles Wright's answer
The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%
http://www.tncourts.gov/node/1232344
The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%
http://www.tncourts.gov/node/1232344
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