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Tennessee Contracts Questions & Answers
2 Answers | Asked in Contracts for Tennessee on
Q: I was just issued a detainer warrant for my, pass due rent. Can I paid the pass due and not get evicted?

We have been talking to them about what is going on and made Partial payments to try to catch up. I am wanting to know should I talk to them about it or wait. And if I have all what is owed can the still evicted us?

Anthony M. Avery
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answered on Mar 9, 2020

You might go to Court with the Landlord who asks to dismiss the suit, then you pay him. Otherwise do not pay and get ready to move elsewhere. Talk to him, but realize the Detainer is set for Court, and you do not want to give him money then get run out.

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: What kind of personal property can be seized for the payment to the creditor? I live in TN, and am unsure on what counts

I had to default on a couple note loans that I received in the mail, and a couple personal loans because of financial hardship. I am a veteran and was attending school, but failed my last semester and had to repay the VA money. I lost my main source of income from the GI bill. It's been 5-6... View More

Anthony M. Avery
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answered on Mar 6, 2020

You can exempt personal property up to $ 10K, then tools of the trade a few other things such part of a Retirement Plan. If you get sued, you must notify the Plaintiff and the Court of your Notice of Exemption. The Judgment Creditor can continuously monitor your property ownership while the... View More

1 Answer | Asked in Civil Litigation, Contracts, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Can I sue an insurance company for being added to a policy without my consent

Just found out my crazy recent ex has me on her automobile insurance. First of all I don't even have a driver's license second of all nobody talk to me I never signed anything nor did anyone get my consent can I sue the insurance company? I have the insurance card with my name on it and... View More

Anthony M. Avery
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answered on Mar 6, 2020

As to the auto policy, you probably have no cause of action since you have no damages at this time. Unless it is provable it hurt your credit rating or something, there is no case. You could file a Declaratory Judgment action to get your name off, but you should just call the Carrier and complain.... View More

2 Answers | Asked in Contracts for Tennessee on
Q: A lady wants to buy my business for $1500/mo. For 60 mos. If she fails, how can I make sure I get my money? Collateral?

She may do great for a while but I need to make sure I get my money if she fails. What can I do? Should I even be considering this?

Zachary Scott Gainous
Zachary Scott Gainous
answered on Feb 28, 2020

You could require a security instrument or mortgage as part of the sale agreement.

If you go that route, the buyer must agree to put up some collateral (her home, vehicles, or her and/or the business' real estate, assets, or property) in case she misses or refuses to make a payment to...
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1 Answer | Asked in Contracts, Identity Theft and Intellectual Property for Tennessee on
Q: It was my idea for the slide to cover phone cameras I got inventionland caught red handed stealing it by fake Litigation

I’m looking for an honest patent attorney to help me claim my hats rightfully mine

Robyn T. Williams
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answered on Feb 22, 2020

Additional information is required to properly assess your claim to IP rights. Email me at rwilliams@devlinlawfirm.com to set up time for a call to discuss.

Robyn T. Williams, Esq.

1 Answer | Asked in Collections, Consumer Law and Contracts for Tennessee on
Q: Our company hired a debt collection agency to handle our delinquent accounts. Never paid on money collected.

Our company hired a debt collection agency to handle our delinquent accounts. We have proof that they collected on at least $9150 on one account. They never paid us & we have been trying to get our money paid back to us & they are unreachable. Where do we need to report them & what can we do?

Anthony M. Avery
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answered on Feb 17, 2020

You will have to hire an attorney to find out to to serve the Defendant. Then sue, hopefully in a Tennessee Court, but probably you might have to go to the State where you agreed in writing to litigate. Federal

Court probably does not have enough money for jurisdiction here. There...
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1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: In TN What do I need to do if the judge who gave me possession said my notice of eviction was posted?
Anthony M. Avery
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answered on Feb 14, 2020

What is your question? If the Judge gave you possession, then wait ten days and see if the tenants are still occupying the place. Otherwise go back to Sessions Court and ask for a Writ of Possession to be issued and executed. If you did not get possession, then you have a serious problem,... View More

1 Answer | Asked in Civil Litigation, Contracts and Government Contracts for Tennessee on
Q: I would like to sue the state of TN for breach of contract. Because I feel my 1st amendment right was violated.

When I signed a contract agreeing to receive the offer that gives theam a right to permote A A and faith based programs.

Do I have a case

Bennett James Wills
Bennett James Wills
answered on Jan 30, 2020

An attorney would need to review the contract documents and have a discussion with you further about the facts to determine whether you have any causes of action. Consult a local attorney to assist you.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: A property management company is refusing to show me the terms of a lease until AFTER I sign it. Is this legal?

I’m looking to rent a property with a property management group. However, they have refused to show me the lease before I sign it and pay them my non-refundable security deposit and first month’s rent. Can they legally force me to sign a lease before sharing the details of the contract with me?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 23, 2019

No, landlords or property management companies cannot "force you to sign a lease." However, that is not what they are trying to do here.

FYI: Landlords may lawfully refuse to rent to you unless you agree to do certain things--such as agreeing to put down a reasonable security...
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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

1 Answer | Asked in Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: negligence, malpractice, breach of contract. unresponsive causing life issues

what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 5, 2019

Contact the Tennessee Board of Professional Responsibility ( this is the board that governs lawyers). This office can assist you with complaint or disputes with your attorney.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can Tennessee HomeBuyers sue me or force me to sell them my home. After signing initial sit down agreement

I asked the representative was it a binding agreement before I signed because I was very skeptical. He said that Tennessee HomeBuyers could not force me to sell my home. It was my house and I could change my mind. I made several attempts to cancel the process. I never got a response back. I also... View More

Anthony M. Avery
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answered on Nov 20, 2019

Obviously the provable facts will probably decide the case, if a suit for Specific Performance is filed. Is there a liquidated damages clause in the Contract? Was there an earnest money payment? Do you have merchantable title? The Contract itself must be scrutinized as the parol evidence rule... View More

2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills
answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 12, 2019

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

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1 Answer | Asked in Contracts for Tennessee on
Q: Hello, I think I am being conned

A couple of weeks ago I decided to buy a different car,I went to a Kia dealership I out right bought a 2006 Kia Sorento for 4000 dollars, signed all paperwork and drove home, first thing I noticed was none of the interior lights were working and then I tried to put gas in it, it spewed back out at... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 8, 2019

It's hard to answer this one for you or to give advice. They may just really want to sell a car and not have to give your money back. I hate to state the obvious- but car dealerships want to sell cars and it sounds like they are trying everyone way they can to sell you one. - You need to... View More

1 Answer | Asked in Contracts for Tennessee on
Q: Company A buys company B out of bankruptcy, then both become 1 company ~ The big agreement between both companies

Name of the company using both companies A&B detailed when & how it’s to be recognized....in company A territory:

the Co. A name followed by company B..

In Company B territory: & B name followed by company A..... bot are well known in their territory. When company... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 8, 2019

If your question - how do determine the correct name when a company uses different names- check the secretary of states website for the company's official name- the entity is named by the correct name. The other names are d/b/a's or "doing business as" names. So one would... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Tennessee on
Q: Paid off our loan over a month ago. The finance company will not send the title. What can we do?
Anthony M. Avery
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answered on Nov 6, 2019

Not sure what the collateral is. But you may need to hire a competent attorney to file suit. It has to do with the value of the collateral as to whether it is worth the trouble. The Fair Debt Collection Act might give you some relief, as well as a set of TN Consumer Protection Statutes.

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1 Answer | Asked in Contracts for Tennessee on
Q: Mergers & contractual agreements: regarding agreement from both parties: details on how & when ea name Is to used
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 6, 2019

In a merger there is a surviving entity and the other does not. Either name or a new name could be used- by a name change. If you want to preserve both names and use one as a d/b/a you can do that as well. You also don't necessarily have to do a merger. One entity can by the assets or the... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... View More

Brandon D. Fersten
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Brandon D. Fersten
answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... View More

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