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Tennessee Consumer Law Questions & Answers

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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Tennessee on

Q: Do realtors have to tell you when they receive a contract on your house?

I am selling a house in Knoxville, TN and my realtor failed to tell me about an offer she received, when I asked her about it she told me they were a "back up plan" if another offer fell through. However, I have not signed a contract. The "back up plan" person sent her a contract and she lied to... Read more »

Leonard Robert Grefseng answered on Oct 1, 2018

The real estate agent is a fiduciary- this relationship has a strict duty of loyalty and good faith. This conduct should be reported to any supervisory contacts ( the managing broker at the agency in question) and possibly to the state real estate licensing board. Consult a local real estate... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Consumer Law for Tennessee on

Q: Wells Fargo advertised house in TN on Auction.com. I won bid but quitclaimed empty lot, not house. Need help now.

Didn’t realize discrepancy until 3 months after winning bid and paying for major repairs on house. Went to county assessors site and saw parcel deeded to me was empty lot. Called Co Assessor who emailed quitclaim from bank. All prior owners always owned both parcels & both parcels shared same... Read more »

Anthony M. Avery answered on Sep 24, 2018

You knew that there were problems with that kind of property to start with, so why did you not hire an attorney to do a title search? Well you have to search both titles now in order to prepare for suit. Did you sign a Contract of Sale? The website probably has no liability. Each and every... Read more »

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Tennessee on

Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?

Anthony M. Avery answered on Aug 13, 2018

Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.

1 Answer | Asked in Consumer Law and Animal / Dog Law for Tennessee on

Q: What can I do? I don't have much money! I have all email/text correspondence with Sky Cargo Ways.

I purchased a puppy that was coming from Virgina. The seller was sending the puppy through a company named Sky Cargo Ways. The first time this company required money from me for the puppy's transport was for a ventilated carrier to safely transport the puppy. They wanted $650 for this with the... Read more »

Adam Savett answered on Jul 30, 2018

I’m sorry to say, but it looks like the company is a scam.

A number of websites describe the scam. Here are two examples:

https://scamwarners.com/forum/viewtopic.php?f=36&p=357721

https://petscams.com/pet-delivery-scam/skycargologistics-us/amp/

If you paid by...
Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Tennessee on

Q: By Tennessee Law if a contract states a 2% interest if breach of contract occars what is the max judgement interest rate

If a default judgement occars in sept 2012 whats the max interest rate to be applied to judgement if contract states 2% if breach of contract occars

Mr. James Charles Wright answered on Apr 23, 2018

The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%

http://www.tncourts.gov/node/1232344

1 Answer | Asked in Consumer Law and Contracts for Tennessee on

Q: I bought a Kirby vacuum and the dealer created billing for 3, two different finance compaines. is a type of fraud?

Both finance compaines say dealer said I bought 3, 1800.00 Kirby vacuums but I only bought one. Both companies know the situation, that I only purchased one, that I agreed to one company, $80.00 a month. But both say I'm victim of billing fraud, that I need an attorney. I'm filing a police report... Read more »

Mr. James Charles Wright answered on Apr 6, 2018

Checking off things I would suggest:

You have reported to the police.

Have you contacted the FBI?

Stop the approval for the amounts to come out of your credit card.

Notify the credit card company you dispute the charges.

Contact Kirby directly. Notify...
Read more »

2 Answers | Asked in Consumer Law, Contracts and Criminal Law for Tennessee on

Q: Can someone be charged with theft of equipment if they got the equipment back?

Don Himmelberg answered on Mar 27, 2018

Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500);... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for Tennessee on

Q: Bought a used car 2 months ago with only 1/2 the buyers guide posted on its window...

2014 Mazda 3 purchased outright 2 months ago. Since then, I’ve noticed significant rust on its underbody. I haven’t been completely under there to take a look, but there is much more rust on its suspension parts than one would expect on a 2014 car. More rust than two 15 year old vehicles I... Read more »

Peter N. Munsing answered on Mar 26, 2018

If they knew or should have known, that's one issue. Check the VIN number and get a carfax report. They could have. Your better claim may be through the State AG's office of Consumer Affairs.

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on

Q: They saw me stealing on camera the last time I was there in a dollar general store. Now, way later are accused & embarr

They searched me had nothing but was told that in my last visit stolen & was caught on camera but no one brought this to my attention. Today I visit they yelled at me to stand an empty my pockets saying I'm a theft and bad mom, embarrassed and holding my fist back. But wait on the cops cause... Read more »

Don Himmelberg answered on Mar 22, 2018

If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and... Read more »

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Tennessee on

Q: If I verbally acknowledge on the phone that I owe a debt, did I restart the clock on the statue of limitations

Mr. James Charles Wright answered on Mar 7, 2018

I have not researched it, but I wouldn't think simply acknowlediing a debt- without making a payment or any other action would restart the statute of limitations.

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

Q: Does filing bankruptcy help or hurt you when you’re being sued by a creditor?

I was served yesterday with a summons to appear in court in five days. Long story short.... I was preparing to file bankruptcy, even meeting with a lawyer but I hadn’t gotten around to actually filing because I was still trying to come up with the money to retain the lawyer. At the same time,... Read more »

Leonard Robert Grefseng answered on Feb 5, 2018

Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more... Read more »

1 Answer | Asked in Consumer Law for Tennessee on

Q: Will I automatically lose if I know the debt is mine?

I was just served for a debt and have to appear in sessions court. With the papers they’ve attached to the summons, it appears there’s a copy of what I’m assuming is my last statement from the original credit card company.

I’m pretty sure it’s the amount I owed not including all... Read more »

Bennett James Wills answered on Feb 3, 2018

Unless you have a valid defense to the debt or wish to challenge it; there's a chance you will lose and end up with a judgment against you. You would not have to pay it all at once, per se, but the creditor can levy your bank accounts and garnish your wages. You would also have an option to file a... Read more »

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