Anthony Marvin Avery's answer I do not believe the Seller or Agent has to give the Purchaser a copy of any executed Contract. Even if there was a mandate in the Contract itself, if both Parties agreed by their Signatures and the Contract is Delivered to the Party which must execute most of the Terms besides payment of Consideration, the Contract is probably enforceable against a Breaching Party.
Anthony Marvin Avery's answer If you do not leave then the Landlord must file a Detainer Warrant, have you served or post it, get a Judgment for Possession, and then if you do not leave in 10 days, get a Writ of Possession to have the Sheriff physically remove you. At Court you can allege that no Breach of the Lease Contract has occurred, but I would not put much faith in your chances. The Landlord Tenant Act may control where you live, which you did not state, and that might give you some leverage if there is a...
Anthony Marvin Avery's answer Not sure of your question. If you are concerned the Oil company can terminate a Contract, then it must be read verbatim. Even if the Seller cannot terminate delivery as they have, then you may not have any or a small amount of damages. The place of litigation is probably in the Contract, and it is not likely to be in Tennessee. Hire a competent attorney to review the Contract and advise you of options.
Anthony Marvin Avery's answer That removal of all Lessees and Obligors needs to be part of your consideration for paying off the Lease. If they will not completely terminate the Lease, do not pay them the money. It may not be part of the bargain.
Anthony Marvin Avery's answer I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.
Anthony Marvin Avery's answer You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.
Leonard Robert Grefseng's answer The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..
Mr. James Charles Wright's answer The lease terms will control whether either party can terminate early and under what conditions. In the absence of language in the lease, without the agreement of the other party you cannot terminate the lease early.
Mr. James Charles Wright's answer It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).
Anthony Marvin Avery's answer The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.
Frank J. Steiner's answer General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.