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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: So i was told I'd never get a lawyer to take my case.. I have more questions about banking though.. Like why does it say

Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.

1. All bank customers who deposit checks that later bounce are...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: Im being sued by a credit union. I was caught up by a, scam and lost over $3000. I asked b4 cashing the check. They ok'd

In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.

FYI: Whenever a check you deposit bounces you must repay all the money the bank lost, plus...
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1 Answer | Asked in Consumer Law and Arbitration / Mediation Law for Tennessee on
Q: Does a small moving company in GA have a legal right to dispose of our possessions due to unpaid remaining balance owed?

They helped us mive from GA to TN 2 years ago. We made a partial payment to them and they moved most of our stuff. They had to go back and get a few remaining possessions and have held onto them while waiting for us to pay the remaining balance. We've had financial difficulties and have discussed... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 16, 2019

You will need to talk to a Georgia lawyer. Most States have laws for warehouse liens, etc. After awhile, the Bailee/Landlord runs an ad in the paper, then either sell or own the stored items.

1 Answer | Asked in Consumer Law and Health Care Law for Tennessee on
Q: I swallowed a piece of plastic inside a ballpark hotdog can I sue
Tim Akpinar
Tim Akpinar answered on May 11, 2019

You could consult with a Tennessee attorney about such a case, and some of the fundamental questions that would arise are: what damages did you sustain, and are there medical records to support those damages.

Tim Akpinar

2 Answers | Asked in Civil Litigation, Consumer Law, Contracts and Real Estate Law for Tennessee on
Q: Does a seller have a responsibility to sell what they advertise if they use as is in the contract

I bought a lot that previously had a trailer on it and although the trailer had been moved it was advertised as with utilities. I paid more for the utilities than the land and now discover the septic collapsed and the electric pole is no good and must be replaced. The seller says he sold me the... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Apr 30, 2019

Possibly- but it will mean filing a lawsuit against the seller. Intentional misrepresentation ( also called "fraudulent misrepresentation") can be the basis for rescission ( un-doing) a contract. You basically have to prove the seller lied to you, which can be difficult. consult an experienced... Read more »

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1 Answer | Asked in Consumer Law for Tennessee on
Q: New Car Dealer increased the price of the car by $ 14,387 and removed the sticker before negotiations were completed.

We were not backwards on the car trade. The manager has admitted we were screwed by the salesmen, but will not correct the contract to reflect the MSRP. What I have read they can only charge more for MSRP when the price is publicly advertised (it was not), and according to the Federal Monroney... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 18, 2019

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.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on
Q: I put a down payment on a puppy in Monterey Tennessee. The puppy has parvo and breeder won’t return the down payment.

Breeder won’t refund money on sick puppy. I haven’t signed any contracts. She still has the puppy. Can I get my $500 back?

Bennett James Wills
Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Q: Being sued by previous car lender, with issues.

issues.

In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 15, 2019

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... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Gault Financial is taking me to court for a debt that is over 10 years old. Isn't there a time limit?
Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2019

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.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: In TN when does the 10 year period of a judgement lien begin? The date of the court judgement, Date filed, date recorded

A judgement against me was ordered by the court on April 7th 2009. It was filed with the court clerk on May 23rd 2009. It was recorded in the Journal on June 15th 2009. Which date does the 10 year period expire on?

Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2019

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... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Mercedes Benz credit told me they had written off my auto loan

Exactly what does that mean

Anthony M. Avery
Anthony M. Avery answered on Apr 2, 2019

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... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Consumer Law for Tennessee on
Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer

Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,

Anthony M. Avery
Anthony M. Avery answered on Apr 1, 2019

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.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... Read more »

Timothy Denison
Timothy Denison answered on Mar 23, 2019

Hire a lawyer and file suit to block the sale and recover the money.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

Court date is in 3 more business days, what are my options as I have a lot of debt in collections

Timothy Denison
Timothy Denison answered on Mar 10, 2019

Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: My father died and his sister's sold all his belongings without consent can we sue

I am his oldest son of 2

Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2019

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,... Read more »

1 Answer | Asked in Civil Rights, Consumer Law and Real Estate Law for Tennessee on
Q: What can I do if someone attaches a hose to my house without permission multiple times a month

I've talk to their boss (landlords ex husband) and he said that he can use our water because he owns the house but he does not pay for my water bill.

Anthony M. Avery
Anthony M. Avery answered on Feb 18, 2019

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... Read more »

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on
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?

Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?

Anthony M. Avery
Anthony M. Avery answered on Feb 13, 2019

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... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: I surrendered my vehicle over 10 years ago. It sold at auction. Can I be used for that still?

It had an electrical issue and the dealer I bought it from was not honoring it. I had to surrender it since I couldn't afford to fix it and couldn't pay 2 car notes. That was over 10 years ago. I received a call saying I was being sued this morning. When does the ability to sue me run out legally?

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2019

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.

1 Answer | Asked in Consumer Law for Tennessee on
Q: i received a civil warrant and court date from portfolio recovery. i have no knowledge of this credit card and it’s

it’s not on my credit report and i want to file and answr and request verification. court clerk says there is no paper to file. what do i do

Bennett James Wills
Bennett James Wills answered on Oct 31, 2018

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... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Tennessee on
Q: What should be done when a Former Partner of a surveyor, hired for private property job, impersonates the person hired?

My brother gave all pertinent papers (*wills) to this person, then realized it was not the person who had been hired. He stopped payment on a check in the amt. of $6800.00, called the appropriate person, and he's now waiting to hear from him again. I live in TN, as well as my brother, although he's... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2018

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... Read more »

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