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Tennessee Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Tax Law and Arbitration / Mediation Law for Tennessee on
Q: On a auto loan, can the lender charge a flat $10.81 a day for 6 years? Because that's over 24 thousand..

Got a car loan traded my car for another and got 6 thousand dollars down payment the loan is 6yrs for 27k but I just read that the company charges me $10.81 a day no matter what turning my 27k car loan into over 40k, please tell me that's illegal if it's not then the system is so messed... View More

James L. Arrasmith
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answered on Sep 26, 2024

It sounds like you're dealing with an auto loan that may have unexpected terms. Charging a flat fee of $10.81 a day for six years is essentially a per diem interest rate, which would accumulate a large amount over time. If your loan agreement does mention this type of daily charge, it's... View More

2 Answers | Asked in Bankruptcy, Contracts and Criminal Law for Tennessee on
Q: Since an attorneys first duty is to the court and the public, not his client whenever duty conflict he must yield to

The latter. Is that not a conflict of interest in the courts? Your paid attorney obligated to the courts? How can the client get a fair chance?

7 Corpus Juris Secundum 4

Presentments according to the U.C.C. are negotiable instruments. Since the presentment is issued for value, can... View More

Anthony M. Avery
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answered on Sep 16, 2024

Presentment is presenting a negotiable instrument for payment, not an instrument itself. Like taking a check to a bank for payment: it is either honored or not.

This is not a forum for general treatises on law. If you have a specific question, post it.

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
Anthony M. Avery
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answered on Sep 16, 2024

It will be enforced unless a timely motion is made to that Court.

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1 Answer | Asked in Business Law, Civil Litigation, Contracts and Copyright for Tennessee on
Q: If Apple, rakuten, Barnes and Noble are selling my ebooks without my permission even after cease and assist what do I do

I found my ebooks on multiple different platforms Apple to rakuten to Barnes& Noble a few other places. They were selling my ebooks without my permission not having a contract with them. I send him a cease and assist and I am the intellectual property owner and the copyright owner and I have a... View More

James L. Arrasmith
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answered on Sep 11, 2024

If your ebooks are being sold without permission by platforms like Apple, Rakuten, and Barnes & Noble, and your cease and desist requests have been ignored, you have several steps you can take to protect your rights. Since you already have a federal copyright registration, you are in a strong... View More

2 Answers | Asked in Contracts, Bankruptcy, Collections and Small Claims for Tennessee on
Q: How do I report Corporate Greed, and get assistance through a living situational hardship T-Mobile is putting me through

I have been homeless for over 2 years now, lost my job when I was homeless, and now that I'm getting help back on my feet, T-Mobile refuses to unlock my device to allow me to utilize a new carrier with true network coverage in my new living spaces area, so i can succeed at getting a new job!

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2024

You don't have a legal problem. You have a T-Mobile problem. There is nothing to report, there's no place to report, and there's no remedy for what you call corporate greed. T-Mobile does not need to unlock the phone you bought on whatever contract it was. You have the option of... View More

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1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is there a statute of limitations on a Buyer/Homeowner suing the previous Seller/Homeowner for failure to disclose info

Information on termite or WDO infestations that may not have been treated: Are these deemed important to disclosure during home sales?

The Buyer, the current owner, has found evidence of old WDO activity with no apparent treatment in the home after removing debris, stacked boards, and other... View More

Anthony M. Avery
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answered on Jul 25, 2024

Usually a 1 year SOL to sue from date the Disclosure was executed. Defendants are anyone that signed a false disclosure, which may include others than the grantors.

1 Answer | Asked in Contracts for Tennessee on
Q: In Tennessee how long does a loan company have to sue you for non payment? Iv done a little research im getting 6 years
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answered on May 17, 2024

That is the Statutory SOL of 6 years for breach of contract (to pay here). However the contract can modify the SOL. And the SOL in TN runs from the last payment, not the date of contract execution.

1 Answer | Asked in Contracts, Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I (plaintiff) lost in GS (Maury) 5/6. I have proof that def lied on stand thus she won. How to submit proof and overturn

I brought a complaint against a woman who sold me a home with a known latent material defect (roof). She lied on the Purchase Agreement saying no known defect. We had tons of evidence, but she simply lied on the stand and convinced the judge that she was innocent. I was pre se, which was a mistake.... View More

Anthony M. Avery
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answered on May 8, 2024

Hire a competent attorney to file an Appeal De Novo to Circuit Court. That is a new trial. You only have a few days to file it, so hire an attorney tomorrow. You should have never filed such a case pro se.

1 Answer | Asked in Contracts, Traffic Tickets and Business Law for Tennessee on
Q: What can I do in this situation?

So my temp tags expired on March 3rd and on March 6th I got pulled over for expired tags. Now I'm having to book in and out of jail to get a court date all because the dealership never sent my title package out until 8 days after the registration expired. I went to the county clerk and they... View More

Henry Ambrose
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answered on Apr 8, 2024

Tell the dealer you need a new temp tag. Take it to court with you and explain. If you can't hire a lawyer ask to have a lawyer appointed to represent you in criminal court.

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: Can a company ask me to do more than what stated on the contract then threaten to hit me with a chargeback.

I'm in contractor by trade. I install sunrooms for this contract. Sometimes when I install sunrooms there's more work then installing a sunroom. This particular contract stated that the sunroom needed insulated tongue and groove flooring. I installed insulation and T&G flooring,... View More

Henry Ambrose
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answered on Apr 8, 2024

If you did not receive instruction to install the 1/4" board, I don't see that you are at fault. I'm guessing they are refusing to pay you for your work. If they do this, call a lawyer who practices construction law in your area.

2 Answers | Asked in Contracts, Products Liability, Real Estate Law and Construction Law for Tennessee on
Q: I bought a new home here in Crossville in August, '23. Now builder is refusing to honor 1 year warranty. What can I do?

Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a lawyer to sue on the warranty all liable parties.

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1 Answer | Asked in Contracts, Civil Litigation, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Breach of finalized settlement! This 1 case if you fight you will win more then you make yearly! TN Yes I'll contact.

Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More

James L. Arrasmith
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answered on Mar 21, 2024

If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: Travel liable

If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More

Anthony M. Avery
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answered on Mar 19, 2024

I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.

1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: Got bill from a contractor, 8 days later was served a summons to appear for lawsuit for nonpayment.

Already paid 50% deposit, thought it couldn't be more than 33%, only 2nd bill i received. Work was not acceptable & couldn't come to agreement of how to fix. This is in Hamilton county TN getting sued for nonpayment $2200 already paid $2200. Thought i had to be notified by certified... View More

Anthony M. Avery
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answered on Feb 29, 2024

Hire a TN attorney to represent you now. A Default Judgment will be alot more, and presenting defenses to a debt in Sessions Court can be confusing.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I follow through with a writ of possession?

I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 29, 2024

If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.

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

2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

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answered on Nov 30, 2023

Contract actions usually exclude consequential damages. Tort claims might include such damages. No

small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.

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1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: I'm a Physician assistant trained in emergency medicine. Can urgent care enforce a Noncomp to keep me out of the ER?

I have a noncompete in my urgent care contract. My boss is not fulfilling the hours or my bonus according to my contract so I'm leaving. It is stated as "not over 50% walk in volume" which would apply to emergency rooms too. I'm ER trained with a doctorate in EM. Can this urgent... View More

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answered on Nov 30, 2023

It appears that the contract will be breached by your working in an ER. Hire an attorney to read the contract and listen to the prospective new jobs. You may get sued in any event and have an attorney ready to go.

1 Answer | Asked in Contracts for Tennessee on
Q: Do I have to pay online if my lease says I must pay by personal/cashier's check or money order?
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answered on Nov 21, 2023

Not sure what "paying online" has to do with this. You must pay rent as the Lease requires or modified by both parties. Otherwise you breach the contract and may be the defendant on a detainer warrant.

1 Answer | Asked in Contracts and Collections for Tennessee on
Q: A customer we had gave us a loan of 5000. 2 days before the loan was signed then she wanted the title to the car.

Money was given before signing an agreement that's when we were told she wanted the title to the car but the title is on mine and someone else name. We aren't behind and now they are recalled immediately to be paid in 10 days

Anthony M. Avery
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answered on Nov 21, 2023

The unsecured loan can be sued upon. After judgment, garnishment and execution may issue. It will be difficult to execute on a vehicle in two names.

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