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Tennessee Consumer Law Questions & Answers
1 Answer | Asked in Tax Law and Consumer Law for Tennessee on
Q: How do I remedy a hotel not refunding my hotel tax in Nashville TN for our family staying at hotel for almost 60 days?

We were shopping at a thrift store in South Nashville about 60 days ago when our vehicle broke down and we began staying at the hotel directly next door since then still trying to fix our vehicle. When we've asked for. Printout of our stay it took us five days to get it and it does not... View More

James L. Arrasmith
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answered on Aug 13, 2024

First, gather all the evidence you have, including any receipts, photos of the hotel conditions, and any communications with the hotel staff. Since the hotel hasn't provided a proper receipt, document your attempts to obtain one, noting dates and times of your requests. This documentation will... View More

1 Answer | Asked in Consumer Law, Civil Rights and Collections for Tennessee on
Q: Can you request phone records from a bank in discovery

Need to respond to the FDIC about the false statements that were made in the response to my complaint. Lawyer said that they didn't have any notes to prove that they called and confirmed my retainer

James L. Arrasmith
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answered on Jul 29, 2024

To request phone records from a bank during discovery, you need to include this request in your discovery demands. This process involves formally asking the court to compel the bank to produce the phone records that are relevant to your case.

First, consult your lawyer to ensure that this...
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1 Answer | Asked in Consumer Law, Banking and Social Security for Tennessee on
Q: Doordash won't tell me nothing they said the bank has to get the information from them that it's against a privacy law

My bank account was hacked and as soon as I realize there was money missing and online charges I notified the bank I went down there to the bank and they gave me a new debit card and said they would look into it because I disputed all the unauthorized charges I also make sure to advise the lady... View More

James L. Arrasmith
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answered on Jul 28, 2024

It sounds very frustrating and concerning that your accounts have been hacked and you haven't received any updates from your bank. First, contact your bank's customer service and insist on speaking to a manager or a fraud investigation team member. Clearly explain the urgency and detail... View More

1 Answer | Asked in Consumer Law and Elder Law for Tennessee on
Q: Are there cases in Tennessee whereby a Power of Attorney has filed a lawsuit on behalf on their people?

The lawsuit in this case is civil, and involves an elderly person against an insurance company. The POA is representing the elderly person who has no knowledge and needed this help.

Anthony M. Avery
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answered on Jul 2, 2024

Many power of attorneys authorize the attorney in fact to file and defend suits for the principle. Read the POA for this term.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Tennessee on
Q: What are the limitations for collecting a debt from an eviction
Anthony M. Avery
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answered on Apr 30, 2024

Every kind of defense there is almost. Exemptions, being Judgment Proof, Bankruptcy, etc. Hire an attorney to collect a Judgment.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: With the lawsuit for Hyundai can the lender, if I stop making the car payments, will they repo my vehicle?
Anthony M. Avery
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answered on Apr 11, 2024

I do not know what suit you are referencing. But if you signed a note and financing agreement, your contract is with the lender and has nothing to do with the manufacturer.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I currently am using a debt relief company but I just can’t afford the monthly payment any longer after more than a year

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

Anthony M. Avery
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answered on Apr 8, 2024

You might hire an attorney to examine your assets and possibly file a Notice of Exempt Property. Or a Chapter 7 Bankruptcy might work better. And yes, if there is a judgment against you, most sources of income can be garnished.

1 Answer | Asked in Consumer Law for Tennessee on
Q: My mother in law was given a summons from a process server for me. It’s a summons to court regarding a debt that I owe.

I was not present when the process server came by. The summons was given to my mother in law for a debt that I owe. This is a civil case in general sessions court in Shelby County, Tennessee. Buffaloe & Vallejo, PLC is the plaintiff. The affidavit notes my last payment was on 11/30/2022. This... View More

Anthony M. Avery
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answered on Jan 25, 2024

Either reach a compromise with the attorneys yourself, hire a lawyer to dispute the debt, or file a chapter 7. If you do nothing, default will occur, and collections will start for at least 10 years.

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Gaming for Tennessee on
Q: Can I request a civil standby to help reclamation of scammed items on Steam?

Recently, I got scammed on Steam (Valve Corporation) and lost valuable CS2 skins I paid for. The scammer’s account has been trade banned, and thus my scammed items current reside within the scammer's inventory. But Steam Support doesn’t want to restore those scammed items to me. Firstly,... View More

Anthony M. Avery
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answered on Jan 3, 2024

Call the Treasury Department with all the details. That company is notorious for having their friends present stolen debit cards to them for cash and goods. The operators need to go to jail

1 Answer | Asked in Consumer Law for Tennessee on
Q: I had court with a debt collector and I missed it can I be arrested?

Owed 1200 missed court will they lock me up

Anthony M. Avery
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answered on Dec 6, 2023

Depends on what the Hearing was about. If a debt cause of action, then a default will go down. But if it was discovery, contempt of Court is likely.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: In TN, can a property owner request copies of workman's Comp certificate, auto insurance, and liability coverage?

I want work to stop until I have proof.

Anthony M. Avery
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answered on Dec 5, 2023

You do not have a right to see those documents. But you can demand them now. If you terminate the contract you may be sued. Those are issues you address before signing the contract.

1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for Tennessee on
Q: I'm partially blind...I donate plasma. I've passed all screenings and still I was put off til 11/14.i have more but

I've been to many centers and not one ever enquired over a partial blindness from 34 yrs ago..I was told I had abnormalities which was wrote down and go have my pcp sign off saying I was congenital and benign...smh it was 34 yrs ago. Now mind you this is my 4th trip already to this place. My... View More

James L. Arrasmith
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answered on Nov 12, 2023

In Tennessee, if you're facing difficulties donating plasma due to your partial blindness and the plasma center's requirements, there are steps you can take. It's important to ensure that the plasma center is not discriminating against you because of your disability.

The...
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1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Civil Rights, Consumer Law and Employment Law for Tennessee on
Q: Do walmart employees have a legitimate reason to start following someone around the store if someone comes in to shop

Then the person they are with asks if they could go back out to the vehicle and get something out of the vehicle to exchange, so they leave it at the return counter and let them know the person who needs to exchange it is in the store shopping so they asked you to grab item out of vehicle and you... View More

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answered on Nov 9, 2023

Walmart employees, like those of any retail establishment, are often trained to observe for unusual or suspicious behavior as part of loss prevention strategies. Leaving an item at the return counter with an explanation that someone else will finalize the transaction could be seen as unusual and... View More

1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I have a bank that’s closed my account an will not return left funds saying they sent them back to where they came from

But will not give me proof that’s what they did or where they sent them

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answered on Oct 17, 2023

If it is enough money involved, then sue for conversion. Suing banks is difficult, but General Sessions Court might be the answer here.

1 Answer | Asked in Consumer Law for Tennessee on
Q: My daughter's car was towed from her rental community after it was damaged in an accident.

She notified the office it was undriveable. They say they didn't get the msg. She has the phone record. After a month they won't tell her where it is. There is no towing sign at the entrance

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answered on Oct 4, 2023

What is your question? Owner can tow cars which are obstructions. But you will be lucky to find the car and who had it towed. I doubt any kind of conversion action is there.

1 Answer | Asked in Collections and Consumer Law for Tennessee on
Q: A business is trying to collect money via lawsuit - but didn’t follow proper collection procedure to begin with?

A business texted, harassed, and threatened customer regarding money owed. They then filed a lawsuit. How do you address the improper collection actions with the court?

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

You can bring a cross complaint. But, first, make certain what they did was illegal, and that the are the type of creditor that is precluded from those actions.

Consider consulting with experienced debt collect defense/FDCPA attorneys in the state where this occurred.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Tennessee on
Q: TN code violations for corporation using deceptive acts of promising refunds in writing without ever paying???

Multiple promises in writing, asked Corp multiple times for transcripts, recordings & notes for all interactions with representatives that I supposedly had access to as customer, I have large amount of those interactions & asking to compare in order to solve who is at fault to no avail...... View More

Anthony M. Avery
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answered on Sep 25, 2023

That sounds like a potential breach of contract action on each refund. Possible class action. But it sounds like you have no evidence. Consult with an attorney. But be advised it may not be a TN jurisdictional matter.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm in Tennessee. My friend had her vehicle confiscated. She owns it free and clear but she had a judgement entered 2018

The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More

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answered on Sep 22, 2023

Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.

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1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: Civli Post Judgement Discovery in Tennessee

The judgment is just against me. I own zero assets, either solo, jointly, or tenants by the entirety. How do I best object/respond to requests for spouse info during post-judgment interrogatories? Invasion of privacy? Same thing with tax return requests? Redact all info but specific to me or refuse... View More

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answered on Sep 19, 2023

You probably have no grounds to deny their discovery requests. Answer truthfully before a notarty. Then file a Notice of Exempt Property.

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