Tennessee Consumer Law Questions & Answers
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
| Asked
in
Consumer Law, Foreclosure and Collections
for
Tennessee
on
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
| Asked
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
| Asked
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
| Asked
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
| Asked
in
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
Q: I bought a Kirby vacuum and the dealer created billing for 3, two different finance compaines. is a type of fraud?
Mr. James Charles Wright's answer
Checking off things I would suggest:
You have reported to the police.
Have you contacted the FBI?
Stop the approval for the amounts to come out of your credit card.
Notify the credit card company you dispute the charges.
Contact Kirby directly. Notify them and ask that they intervene- this will put them on notice.
You may want to file a suit including a claim under the Tennessee Consumer Protection Act.
Checking off things I would suggest:
You have reported to the police.
Have you contacted the FBI?
Stop the approval for the amounts to come out of your credit card.
Notify the credit card company you dispute the charges.
Contact Kirby directly. Notify them and ask that they intervene- this will put them on notice.
You may want to file a suit including a claim under the Tennessee Consumer Protection Act.
Q: Can someone be charged with theft of equipment if they got the equipment back?
2 Answers
| Asked
in
Consumer Law, Contracts and Criminal Law
for
Tennessee
on
Answered on Mar 27, 2018
Answered on Mar 27, 2018
Don Himmelberg's answer
Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500); however, if you stole your neighbor's new Porsche and took it for a spin around the block before returning it, you may 'only' face joyriding charges, which is a misdemeanor
Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500); however, if you stole your neighbor's new Porsche and took it for a spin around the block before returning it, you may 'only' face joyriding charges, which is a misdemeanor
Q: Bought a used car 2 months ago with only 1/2 the buyers guide posted on its window...
Peter Munsing's answer
If they knew or should have known, that's one issue. Check the VIN number and get a carfax report. They could have. Your better claim may be through the State AG's office of Consumer Affairs.
If they knew or should have known, that's one issue. Check the VIN number and get a carfax report. They could have. Your better claim may be through the State AG's office of Consumer Affairs.
Q: They saw me stealing on camera the last time I was there in a dollar general store. Now, way later are accused & embarr
Don Himmelberg's answer
If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and recommend the best course of action
If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and recommend the best course of action
Q: If I verbally acknowledge on the phone that I owe a debt, did I restart the clock on the statue of limitations
Mr. James Charles Wright's answer
I have not researched it, but I wouldn't think simply acknowlediing a debt- without making a payment or any other action would restart the statute of limitations.
I have not researched it, but I wouldn't think simply acknowlediing a debt- without making a payment or any other action would restart the statute of limitations.
Q: Does filing bankruptcy help or hurt you when you’re being sued by a creditor?
Leonard Robert Grefseng's answer
Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more complicated that can be addressed in this question - answer format.
Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more complicated that can be addressed in this question - answer format.
Q: Will I automatically lose if I know the debt is mine?
Bennett James Wills' answer
Unless you have a valid defense to the debt or wish to challenge it; there's a chance you will lose and end up with a judgment against you. You would not have to pay it all at once, per se, but the creditor can levy your bank accounts and garnish your wages. You would also have an option to file a slow pay motion if you wanted. There's no "plea" since it is not a criminal proceeding - but you would have the opportunity to discuss the issues with the creditor's attorney and maybe resolve the...
Unless you have a valid defense to the debt or wish to challenge it; there's a chance you will lose and end up with a judgment against you. You would not have to pay it all at once, per se, but the creditor can levy your bank accounts and garnish your wages. You would also have an option to file a slow pay motion if you wanted. There's no "plea" since it is not a criminal proceeding - but you would have the opportunity to discuss the issues with the creditor's attorney and maybe resolve the...
Q: I changed my mind about consigning clothing. Store won’t return my items. I still own them, how can they do that?
Marjorie A Bristol's answer
What does the contract say? Have they sold the items? Are they objecting to the time it would take to go through the merchandise to pull them out? You may want to contact an attorney to review the contract and advise you what your next steps should be.
What does the contract say? Have they sold the items? Are they objecting to the time it would take to go through the merchandise to pull them out? You may want to contact an attorney to review the contract and advise you what your next steps should be.
Q: How can I stop a trademark that someone has made that isn’t theirs to trademark?
1 Answer
| Asked
in
Consumer Law, Products Liability and Trademark
for
Tennessee
on
Answered on Feb 1, 2018
Answered on Feb 1, 2018
Michael Gerity's answer
If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to wait until the application gets published for opposition, and then file an opposition with the Patent & Trademark Office.
***Please note the important disclaimers at the bottom of the page.***
If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to wait until the application gets published for opposition, and then file an opposition with the Patent & Trademark Office.
***Please note the important disclaimers at the bottom of the page.***
Q: Previous owners repaired a cracked foundation poorly, did not disclose on the disclosure agreement upon purchase.
Bennett James Wills' answer
Maybe. An attorney would need to look at your purchase agreement to determine what, if any, rights you may have under the circumstances.
Maybe. An attorney would need to look at your purchase agreement to determine what, if any, rights you may have under the circumstances.
Q: Can someone garnish you over a credit card judgement after more than 7 years? It has already rolled off my credit report
Bennett James Wills' answer
Yes. Judgments are good for 10 years and can be renewed. So the creditor can still execute on the judgment even though it has come off of your credit report.
Yes. Judgments are good for 10 years and can be renewed. So the creditor can still execute on the judgment even though it has come off of your credit report.
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