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Tennessee Consumer Law Questions & Answers
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.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Tennessee on
Q: Is there any way to work out with the lender the payment if I’m surrendering the vehicle ?

I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed

Anthony M. Avery
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answered on Mar 24, 2023

You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.

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1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I had A home built but it has major problems with foundation and roof and electrical. I filed a complaint with Tn Board

The contractors board seems to not care about the damage this guy has done to my home. They continue to issue him , license under different names and addresses. But I found out yesterday that he forged my electrical permit and he is not even license to do electrical work but he did the entire... View More

Henry Ambrose
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answered on Mar 1, 2023

It sounds as if the contractor may not be properly licensed or doing work he is not licensed to do. This may violate the contractors licensing statutes and the Tennessee Consumer Protection Act. The TCPA allows for treble damages and attorney's fees. This can get pretty complicated --- you... View More

1 Answer | Asked in Consumer Law and Criminal Law for Tennessee on
Q: Is it legal in TN to carry or own a handgun that has the serial number removed?
Anthony M. Avery
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answered on Jan 25, 2023

That is a Federal Crime.

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

1 Answer | Asked in Consumer Law for Tennessee on
Q: If I am getting subpoenaed for a debtors examination, can I demand the plaintiff pay for a court reporter?

They know I have no assets, so they are doing it as a form of harassment ( I have already submitted written answers). It also requires me to travel 100+ miles. If I do have to go, what techniques can I use to make it as expensive as possible for them so they finally understand their ROI is zero? I... View More

Anthony M. Avery
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answered on Jan 16, 2023

You need to hire an attorney to look at your financial condition and file a Notice Of Exempt Property.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Post-Judgment Interrogatories Limitations

How far can I be excepted to travel for this and how often can they subpoena me for this? I have no assets so it seems as harassment once they are aware of that. I was sued 4 counties (>100 miles) away in Tennessee in Chancery court.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 11, 2023

Without more details it is hard to answer. Look up motions for Protective Orders in Tennessee or you may need to hire a lawyer to file one for you. I am not sure whether you are entitled to relief- but that would be one avenue to approach.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Collections for Tennessee on
Q: 2-fold issue. A vehicle sold to Carvana is still registered to me, impounded and repossessed.

2-fold issue. I sold a car to Carvana 5/16/21 — they failed to register it to the new owner. It's still in my name, has been impounded somewhere in California and also failed to do a back-out with Bridgecrest on the loan. I've received letters from the CA DMV, San Bernadino Police Dept.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 10, 2022

Time to retain an attorney. It seems you've hit the wall with Carvana.

1 Answer | Asked in Consumer Law for Tennessee on
Q: I paid my car off two months ago and they refuse to send me my title. I don’t know why. Can someone help me?

The person over my account refuses to send my car title. My car was paid off on 8/5/22. The lady gave me a fake tracking number and a fake certified mail receipt. I called the Department of Revenue and told me to seek legal counsel and wouldn’t tell me why.

Anthony M. Avery
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answered on Oct 3, 2022

Car Dealer probably never owned the car. You will need an attorney to complain to the proper agency and make a claim. A suit may be needed also.

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: How often can a debtor be subpoenaed for post judgement discovery in Tennessee
Anthony M. Avery
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answered on Sep 6, 2022

There is not limit during the life of the Judgment. You might move to quash for abusive filings, but it will probably be denied.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
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answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
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1 Answer | Asked in Consumer Law and White Collar Crime for Tennessee on
Q: Can we report our boat as stollen since we have not been paid for it? Can I Sue the dealership?

My husband and I own a boat that we decided to sell. We put it on a lot for a dealership to sell for us. The deal was that the boat would not leave the lot until paid for. We also agree that the dealerships would take $500 for selling it. We got a call from the dealership about 12 days ago saying... View More

Anthony M. Avery
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answered on Aug 11, 2022

Probably a Civil Warrant in General Sessions Court for Breach of Contract or Conversion. Hire a TN attorney.

1 Answer | Asked in Consumer Law, Contracts and Health Care Law for Tennessee on
Q: how do i make a case with billing provider I have, have lost thousands of dollars

they are changing the order of my documentation hence getting claims denied

new provider owned practice, been opened a year

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It doesn't make sense for a provider or billing company to jeopardize payment for medical services by submitting procedures (or supporting documentation) out of sequence; further, the claims examiner should... View More

1 Answer | Asked in Consumer Law and Lemon Law for Tennessee on
Q: Can we make a dealer repair or replace a bad 5th wheel camper (used)?

Purchased a used 5th wheel camper from a dealer. Got it home and slide-out malfunctioned. Went out crooked, woud not go back in straight. Paid someone to come get it in straight. He found a bent slide rail and gears with evidence of previous damage.

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Depends on whether you purchased "as is" or with or without a warranty. And maybe whether they knew about the problem and intentionally covered it up.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Hello, I purchased a car parts off of Facebook from Tennessee. I live in NY. Paid with a money order. Still not shipped

It was on Facebook marketplace he would only accept money order. Asked cost to ship it to New York give me the price. I paid him with a money order. Keep saying it’s shipped says he’ll give me a tracking number and never does.

Anthony M. Avery
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answered on Jul 11, 2022

You may have to sue for Breach of Contract in General Sessions. Hopefully you have sufficient service information. I doubt the LEO's will arrest for Theft.

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