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Tennessee Contracts Questions & Answers
1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... View More

Anthony M. Avery
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answered on Jun 1, 2023

No Federal Diversity or issue Jurisdiction here.

1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... View More

Anthony M. Avery
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answered on Jun 1, 2023

That may be either a conversion, breach of contract or bailment action, possibly others. You will need a TN attorney if the delivery of the parcel was in a TN County. Probably a Circuit Court action. Be prepared to give alot more details than what you have posted, which is nowhere near... View More

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Dealership forged signature on contract sent to lending company. Has different terms and payments.

I signed a loan contract for 4.90% APR, dealership sent contract to lender showing 4.99% and forged my signature on the contract.

Is it worth pursuing? Only option given by dealership is signing an updated contract for 4.99APR.

Car purchased in Nashville, I reside in Cincinnati.

Anthony M. Avery
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answered on May 24, 2023

You might inform seller you are paying only the actual contract amount of 4.9%. Especially in OH it will be difficult to repossess. Tell them if they have a problem you will call Davidson County Sheriff about the Forgery, which a lawyer cannot do.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... View More

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... View More

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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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 Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

1 Answer | Asked in Contracts for Tennessee on
Q: Paid attorney in advance. She left the firm, did not complete the work . What to do now?

She left the firm and she did not notify me nor did The firm. It was for power of attorney, durable power of attorney, medical power of attorney , financial power of attorney ,living will and a will . She was still working on this when she left the firm and all the paperwork has not been completed.... View More

Anthony M. Avery
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answered on Apr 6, 2023

You can file a Board Complaint with the TN Board of Professional Responsibility

against her License. But I would go in person to the Firm first and demand the paid for services be completed, or ask for your money and file. Do not get in an argument. Executing that many instruments at...
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1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

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 Contracts, Real Estate Law, Gov & Administrative Law and Government Contracts for Tennessee on
Q: I own 1/4 of ten acres, can I offer to convey all 10 acres to a third party?

My goal is to respond to a government-issued RFP to sell land for a new building site by offering the land for sale, gauge the interest of the government entity to see what they are willing to pay, then use that information to buyout the rest of the co-owners so that I can make a profit on the... View More

Anthony M. Avery
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answered on Mar 21, 2023

I do not understand your stated strategy. However if you are a tenant in common of an one/quarter undivided interest in the real property, you can only convey what you own. Any representation that you can convey a fee to ten acres is fraud. The proposed purchaser would probably find out... View More

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?

My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

I am sorry for the loss of your mother.

I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest...
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1 Answer | Asked in Contracts for Tennessee on
Q: Can endurance extended warranty company deny my claim because they said it was only 7 days into the contract
Anthony M. Avery
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answered on Mar 6, 2023

Possibly. Hire an attorney to examine your contract. You may need to sue for breach in General Sessions.

1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?

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

Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... View More

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 Contracts and Civil Litigation for Tennessee on
Q: what tennessee case law says that a party disputing contractual intent must prove neither party intended a contract?

It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.

1 Answer | Asked in Civil Litigation, Contracts and Internet Law for Tennessee on
Q: If I sign a contract-at school-agreeing that I will not post on social media about a person can I get in trouble if i do
Tim Akpinar
Tim Akpinar
answered on Jan 3, 2023

A Tennessee attorney could advise best, but your question remains open for three weeks. If it's a contract with the school, it's possible that violating it could result in loss of privileges or some form of discipline by the school. Depending on what's posted, it's even possible... View More

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: When filling out POA for Health Care, there is a section that ask about the "undersigned." Who's the undersigned?

"... by the undersigned, _____________, who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument."

Anthony M. Avery
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answered on Nov 22, 2022

If you are giving someone a Power of Attorney over you, then you are the undersigned.

1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... View More

Anthony M. Avery
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answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

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.

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