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Tennessee Consumer Law Questions & Answers
2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Adam Savett
Adam Savett answered on Sep 10, 2020

It likely does not mean that. Don't worry, it doesn't mean you weren't approved either.

You see there are different parts of a loan - origination and servicing.

Loan origination is the process by which a borrower applies for a new loan, and a lender processes that...
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1 Answer | Asked in Consumer Law for Tennessee on
Q: Seller is stating if you buy the lot from him, you have to use his buddy to build your house. Is that even legal?

Random person is splitting up 20 rural acres he owns into (4) 5 acre tracts and selling them. I want to buy one of the 5 acre tracts. He is adding in his contract that I will build a minimum of a 2200 square foot home and I have to use a certain builder. Everyone that lives on that road builds... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2020

That should be an enforceable contract. Hopefully it will not be a recorded restriction. But enforcing it will be expensive and difficult for the seller. You may want to buy elsewhere, as you are buying a home that you know will probably have problems.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Under Georgia law can a seller bid on his own items in the auction?
Tim Akpinar
Tim Akpinar answered on Aug 14, 2020

Your question remains open for five weeks - you could consider contacting auctioneers. They might be able to direct you to attorneys familiar with the law in this area. It's a narrow field and might not be something that the average general business law/contract attorney deals with. Good luck... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Three years ago my 90 yr. old mother was pressured by a contractor into agreeing to remodeling work .

She paid $4000 up front and then changed her mind. She called within 24 hours and sent a certified letter (no signed return receipt received). My brother found out later the address given for the company was an empty lot. She did receive a letter from contractors attorney saying the contractor had... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

From the facts, it sounds to me like you may be describing a breach of contract claim that your Mother would have against the contractor here. This link provides information on common Tennessee statutes of limitations... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: I sold a car to a guy that lives in south america chile im in tn he paid me threw paypal but Have never come got
Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

First, you haven't asked a question. Second, sounds like a scam. If you were supposed to ship the car you better be real sure the funds clear the bank before you do.

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I live in Tennessee, and I sold a suv to son an daughter-inlaw and they stop making payments
Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... Read more »

2 Answers | Asked in Collections and Consumer Law for Tennessee on
Q: Can they collect on debt from 2013

She said this is from check into cash from TN. I didn’t even live in TN in 2013 and has an old address from 2011. She said they a trying to file suit against me. Can they do that if this is not my debt

Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

Yes they can sue you. If served, hire a competent attorney to represent you. Talking to the creditor on the phone after telling them it has nothing to do with you will not help. The creditor should be forced to produce the check, any other writings about the same, and possibly a witness.

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1 Answer | Asked in Consumer Law and Personal Injury for Tennessee on
Q: my car was towed on the 2nd night of a 3day allowed stay, which the acknowledge, what can I do

I was then told to get it back today I would have a pay a gate fee,or wait till Monday, today being Sunday, please help me,my car has a handicap sticker in plain view also

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. If you haven't already, just concentrate on working out reasonable terms for getting your car out of there for now. Each day it sits there, it continues accruing storage fees. You could sit down with a... Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: My landlord just informed me that she would be going up on my rent $50 for the new lease that’s up at the end of Aug.

I asked her why the increase and she told me that she had families on a waiting list willing to pay more. I explained to her that I did not mind the increase and that she just went up and with everything going on that it just seems shady. She sent me a message back stating she would send my final... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2020

I am not sure the question. If you are wondering if the landlord can 1) raise the rent or 2) terminate and not renew - on a renewal - the answer would be in your lease which should have provisions as to how the lease ends- and perhaps renews. There is also generally "hold over"... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for Tennessee on
Q: Stolen Check / Identity Thief

Someone passed a stolen check of mine and made a purchase of over $1000 at a Tennessee Walmart in late 2001. I was not aware of this until June 2020 when I was trying to purchase a handgun and was rejected by the TBI. The information I was given is that there is a case against me in the county... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2020

Most importantly, you need to know if it was only a charge, or a conviction. A charge is not a firearm disability although the TBI will not okay your firearm purchase from a FFL. But a conviction, and a felony at that, will be life changing. Hopefully it is only a charge, and a very good... Read more »

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

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2 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: is a surety bond company required to investigate a claim or can they refuse pending you prove on the front end.

dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.

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1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: My mom is elderly & has a rental property that she holds a mortgage and the tenant has not paid rent in 5 years.

Do I have a legal right to assist? She barely has enough to get by each month.

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

Unless you are her Attorney In Fact or other Fiduciary, no, you have no standing. You might check the Deed to see who is the actual owner, so maybe you have an interest. She needs to file a Detainer Warrant today. Actually it may be too late and require Ejectment. She needs a competent attorney... Read more »

2 Answers | Asked in Consumer Law and Collections for Tennessee on
Q: I have a creditor that call all day everyday. For months now . Do I have a case
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

You don't say if your creditor is calling for past due payments on an existing loan or credit card, to collect on a judgment already obtained against you, or if the calls are from a collection agency, or a purchaser of your debt from the original creditor. There may be other options if you... Read more »

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1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on
Q: Bought a $1700.00 mattress and within two months was defective. Can't get refund.

Both retailer & Mgfr agree defective. But we took the Law Tag off. We did not receive instructions from retailer as to Warranty nor did we receive a warranty booklet/tag upon delivery. The retailer offered 50% but rescinded after we went to TN Div of Consumer Affairs. We purchased $7,500.00... Read more »

Tim Akpinar
Tim Akpinar answered on May 24, 2020

At this point, with your post still remaining open, you could try to arrange a brief consult with a Tennessee attorney familiar with consumer law to advise you whether this would be viable to pursue, and your options under arbitration, small claims, or other venues. Unfortunately, the recent... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Can an attorney cancel a hearing the morning of the hearing day? Also want make sure creditor remove off credit report.

A debt relief company has been taking money out of my account for last past year to pay My creditor monthly & at same time settle my case. If anything they hurt me more than helped. Months later I get a summon to court fr creditor filed L-suit of $8k up front or 4 months of $2k. That was bef... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You apparently have an attorney. Make him do his job, and do not expect this forum to interfere with your relationship. If you cannot get him on the phone, go to his office until you find him.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I am a Tennessee resident buying a vehicle in Georgia. How do I register the vehicle before it gets home?

The seller is keeping the plate and I don't have another plate to transfer to it. I know the vehicle needs to be insured before I drive it, but if I drive it home without a plate I'll surely get pulled over, right?

Bennett James Wills
Bennett James Wills answered on May 5, 2020

Call the county clerk's office where you live about obtaining a temporary tag you can take with you.

1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Being charged ON Campus fees (for an ONLINE course) when no campus services are available be deceptive business practice

Being charged ONLINE fee and ON Campus fees when the course is only ONLINE. There is no benefit graduate students have from these ON CAMPUS fees and no lecture is given ON CAMPUS due to the course being ONLINE.

CAMPUS is now closed yet graduate students still being charged for ON CAMPUS... Read more »

Frank J. Steiner
Frank J. Steiner answered on May 1, 2020

Interesting situation. While I agree completely that you should not be charged for on campus services if you are engaged in-line. It would depend on the contract between you and the university. I would first contact the Registrars office by telephone to attempt a resolution

2 Answers | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: I’m currently in a chapter 13, 4th year, will my tax relief check go to my trustee first?
Oliver L Cisowski
Oliver L Cisowski answered on Apr 14, 2020

If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.

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