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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Tennessee on
Q: I received a summons for debt in 2015 - unaware of it I sent a certified letter request proof

I requested proof of the debt but I noticed it did not have the contract that was suppose to be signed for the debt showing the total amount borrowed, interest and what would be paid if loan was completed in its entirety - it only had 1400.00 typed out that it was taken out on 08/3/2015- my court... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2021

They do not have to respond to your letter. I would think you would be in General Sessions, but your facts sound like a Court of Record. Whatever, to dispute the suit, you will probably need an attorney. The suit is probably being filed just before the SOL runs.

A judgment will be...
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1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: I rented an apt and 28 days later they had a court order in my husbands name for $3500 back rent. It's on my credit.

I have the court orders in his name only and I need a lawyer to resolve this issue.

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2021

It appears they found your Husband through you. Your Husband should have been served with whatever suit was filed, and should have defended himself. Now he must immediately file to set aside what may be a Default Judgment, or file an Appeal, hopefully an Appeal De Novo. He must act fast and... Read more »

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: If you pay Adv Fin amt in full + fees for a civil summons well before the court date, do you still have to go to court?
Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2021

I do not know what "Adv Fin amt" is, but you need to be concerned with what amount you are being sued for as shown on the Civil Warrant. You might talk to the lawyer which sued you, which should also be on the Warrant. But be careful of what you say and require a paid in full receipt... Read more »

1 Answer | Asked in Construction Law, Contracts and Consumer Law for Tennessee on
Q: Where can I get help with a construction business that has sent me a bill of charges more than I was told to do the job?

I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 16, 2020

I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

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

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Is it legal for someone to work on their own car and do their own repairs in Nashville, TN?

If there is, what section code is that under?

Bennett James Wills
Bennett James Wills answered on Oct 28, 2020

You can work on your own car. If it was illegal there wouldn't be AutoZone stores everywhere. But if you are on private property, say in an apartment complex, you may be prohibited from working on your vehicle on that particular property, for example.

1 Answer | Asked in Consumer Law and Federal Crimes for Tennessee on
Q: If it was an incident where a report began as false but you ended up telling the truth how would that be considered.
Tim Akpinar
Tim Akpinar answered on Oct 1, 2020

This sounds like it could be something to discuss with a Tennessee attorney in confidence - but your post remains open for four weeks. If you need a defense attorney, you could reach out to them here (Find-a-Lawyer tab above), or conduct your independent search for one. Good luck

Tim Akpinar

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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