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Tennessee Consumer Law Questions & Answers
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 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

Anthony M. Avery
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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

Anthony M. Avery
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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

Anthony M. Avery
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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

Anthony M. Avery
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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.

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Tennessee on
Q: What’s the statute of limitations for Directv installation property damage claims in TN?

I’m experiencing a leaking roof & interior property damage by Directv from a 2nd installed dish that occurred in 2021. The original dish was installed in 2006. The repairman in 2021 removed the old dish but left the old mounting brackets in the roof and installed a dish with mounting... View More

Anthony M. Avery
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answered on Aug 1, 2023

Property Torts have a 3 year SOL. But they are already claiming you busted it. When you sue expect to fight a Rule 56 Motion on the SOL. Be prepared to prove the 2021 work is what did the damage.

1 Answer | Asked in Consumer Law and Employment Law for Tennessee on
Q: Can you garnish a 1099 employee wages?

I’m a contract employee and the company I’m contracted through receive a garnishment for me.

Anthony M. Avery
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answered on Jul 7, 2023

If the creditor issues a garnishment against the payor, then that is probably going to be a successful garnishment against all monies owed you.

1 Answer | Asked in Consumer Law, Family Law and Tax Law for Tennessee on
Q: State collecting debt

My mother passed recently and was put in nursing home in June 2020. Signed up for personal choice with State and also had Medicare. However nursing home bills are paid but State saying I’m responsible for my mother debt they paid while in nursing home. I am unaware of this debt? Now they want... View More

Anthony M. Avery
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answered on Jun 14, 2023

Hire an attorney for advice on asset protection, exemptions, and also prepare to defend against the State's probable lawsuit.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Dealership forged signature on contract sent to lending company. Has different terms and payments.

I signed a loan contract for 4.90% APR, dealership sent contract to lender showing 4.99% and forged my signature on the contract.

Is it worth pursuing? Only option given by dealership is signing an updated contract for 4.99APR.

Car purchased in Nashville, I reside in Cincinnati.

Anthony M. Avery
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answered on May 24, 2023

You might inform seller you are paying only the actual contract amount of 4.9%. Especially in OH it will be difficult to repossess. Tell them if they have a problem you will call Davidson County Sheriff about the Forgery, which a lawyer cannot do.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... View More

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... View More

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: My apartment maintenance entered my apartment without notice. Is this legal?

My apt maint entered my apt due to the apt below me having a water leak. The apt did not give any notice prior to entering my apt and found that the my apt was not contributing to the leak. The lease states owner may enter at any time to prevent damage to property without written or verbal notice.... View More

Bennett James Wills
Bennett James Wills
answered on May 22, 2023

If they had reason to believe that the water leak was coming from your unit then their conduct would likely fall under the emergency exception to the notice requirement under the lease and the landlord tenant act.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Is it illegal for a dealership to require a down payment?
John Michael Frick
John Michael Frick
answered on May 14, 2023

No. It is very common because cars frequently depreciate more than the amount paid early in the term of a car loan.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: I purchased a tax sale property in January. I'm seeking an attorney

I purchased a tax sale property in Jan. i did my due diligence before i even brought it. I was assigned the property On April 1. I found out they condemned the property in feb when I went to try to sell it out. I was defrauded out of my money and I want my money back plus more.

Anthony M. Avery
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answered on May 8, 2023

Unfortunately tax sales sometimes purchase nothing. However it can also clear a title. Did you search the Title? There are probably some code complaints filed. You also have to get a Deed not just the bill of sale, and deal with the owners/heirs redemption rights. It is doubtful that any... View More

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I got sue from the fitness center from breaking the 3 year contact when I'm not even signed I was out of the country

I got sue from the fitness center from breaking the 3 year agreement when I'm not even signed I was out of the country when the agreement was signed it was my husband who signed the contract so my question is,is this contract valid?

Anthony M. Avery
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answered on Apr 28, 2023

If there is a judgment, then you must attack it for lack of jurisdiction. The merits may not help. Hire an attorney or prepare to be garnished/executed upon, where you need to assert your exemptions.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I cancelled a "warranty" added by the auto dealer without telling me. Can the lender apply to interest and fees first?

I purchase jan 11 and they still havent paid taxes so i don't have tags or registration. Was only given a ten day temp. Im in Tn, dealer was in Alabama but he brought the car to my home in Tennessee, where we signed the documents.

Anthony M. Avery
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answered on Apr 19, 2023

It sounds like the contract is in AL, so call an AL attorney.

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