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Tennessee Contracts Questions & Answers
3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

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1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: A couple cosigned an agreement to lease one of the 3 bedrooms in my apartment. However, they never moved in.

I'm now liable for their rent, but the landlord will not provide me with their address so that I can serve them papers. How can I get the landlord to provide me with their address.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 24, 2020

If a couple co-signed on a Lease with you, you should know their addresses. The Landlord does not have to give them to you. If you can't find them, hire a private detective to find them.

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... View More

1 Answer | Asked in Contracts for Tennessee on
Q: How can I get rid of a car with joint ownership.

My son and I own a car together with our names separated by the word and on the title. He couldn't get the car alone. The problem is even though he pays for it it's on my property and I want it gone. He is an alcoholic and usually is in no condition to drive it. Is there a way I can get... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 8, 2020

So you are on the loan / note for the car. I wonder who is providing / making sure there is insurance in effect on the vehicle. If your son is in an accident you will be liable as an owner of the vehicle. There is another concern in regard to further liability if your son is an alcoholic and... View More

1 Answer | Asked in Contracts and Child Support for Tennessee on
Q: hello i sign a contract and i used V.C. before my singature do they still have to honor the contract
Mr. James Charles Wright
Mr. James Charles Wright
answered on May 26, 2020

You signed the contract indicating you have signed under duress. The other side may not "honor the contract" with the additional notation as duress can be used as a defense to the validity of a contract.

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Tennessee on
Q: Pawn shop sold my items during state of emergency in tennessee what can i do
Anthony M. Avery
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answered on May 18, 2020

You might consider filing a Civil Warrant for Conversion in General Sessions. The exact name of the Shop must be listed as Party Defendant, and you must properly serve it.

1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... View More

Anthony M. Avery
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answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... View More

1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

1 Answer | Asked in Contracts, Adoption and Animal / Dog Law for Tennessee on
Q: Animal rescue is rescinding an adoption contract

An animal rescue is trying to rescind an adoption and obtain a warrant to take back my puppy stating I am hoarding animals due to a dog fight on my property (5 cats & 5 dogs). I got rid of the vicious dog (foster - 6th dog) and the puppy was nowhere near the fight; kept apart from all others on... View More

Paul E. Tennison
Paul E. Tennison
answered on May 4, 2020

I recommend you consult with an attorney. In general, anyone that has a contract in Tennessee could sue the other party for breach of contract allegations. Whether there was in fact a breach is a question of fact that would be determined by the Jury (if a jury trial) if the case proceeds to trial.... View More

1 Answer | Asked in Contracts and Consumer Law for Tennessee on
Q: Being charged ON Campus fees (for an ONLINE course) when no campus services are available be deceptive business practice

Being charged ONLINE fee and ON Campus fees when the course is only ONLINE. There is no benefit graduate students have from these ON CAMPUS fees and no lecture is given ON CAMPUS due to the course being ONLINE.

CAMPUS is now closed yet graduate students still being charged for ON CAMPUS... View More

Frank J. Steiner
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answered on May 1, 2020

Interesting situation. While I agree completely that you should not be charged for on campus services if you are engaged in-line. It would depend on the contract between you and the university. I would first contact the Registrars office by telephone to attempt a resolution

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Q: What rights do tenants have when a homeowner wants to get rid of property manager but not tenants? Just signed Lease 2.

The owner has decided to fire the real estate company but wants to keep us as the tenant. We just signed a second year long lease 03/01/2020 through the real estate manager. The real estate company said we have to vacate the house at the end of 30 days (to include all of our belongings) so an... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2020

I doubt that you have to move out or that the management company can force you. Also, in any event the Tennessee Supreme Court has extended an order restricting evictions for a period of time in light of the covid 19 issue.

1 Answer | Asked in Contracts for Tennessee on
Q: I want to sell my car on a payment plan, is this a bad idea?

Hello. I have a car that I’m selling for $2700 and I have a question. A man wants to purchase the car as is but wants to try and do a payment plan of around $800 down and $100-200 a week (with his paychecks). The man is willing to give me proof of address, his license, and sign a contract on... View More

Anthony M. Avery
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answered on Apr 23, 2020

Probably a bad idea as you are not a car dealer. But if you do: execute a security agreement; execute a promissory note with interest and collection costs included; and put yourself as the Lienholder on the Title. Be prepared to not get paid.

1 Answer | Asked in Business Law, Contracts and Tax Law for Tennessee on
Q: Can a corporation retrospectively cancel their promised 401k match contribution.

I am an employed physician of a large health system in NE TN. Because of financial losses they are having due to Covid-19, they have mandated a 20% pay cut for all physicians for a 60-day period. IN ADDITION, they are cancelling the 401k match for the entire 2020 FY (July 2019 to July 2020), which... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 20, 2020

Before I answer this question please allow me to sit the stage: Your employer is struggling to stay on top of the waves during the worst economic downturn since the Great Depression--which started in October 1929 and lasted for most of the ensuing decade. IMO, you and all other employees should be... View More

1 Answer | Asked in Contracts for Tennessee on
Q: Building a house and this is in the contract. Does this mean that we could be liable for more than the Ernest money?

Does this mean that we could be liable for more than the Ernest money if something happens and we have to back out? “should the buyer default in the performance of this contract on his part at the time and in the manner specified then at sellers option the ernest money shall be forfeited as... View More

Anthony M. Avery
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answered on Apr 15, 2020

Absolutely. However there may be other liquidated damages clauses in your Contract which might be used by or against the seller. Specific Performance is a cause of action by the aggrieved party to sue to force a sale of real property, which is usually very expensive. Hire a competent attorney... View More

1 Answer | Asked in Contracts, Family Law and Business Law for Tennessee on
Q: If I completed my ordination online, can I officiate a wedding in the state of Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on Apr 9, 2020

No. T.C.A. 36-3-301. Persons who may solemnize marriages.

(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other...
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Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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1 Answer | Asked in Contracts for Tennessee on
Q: How to get power of attorney over someone thats incarcerated in another county

Do i have to take the papers to the jail for him to sign and be notarized because their notary isnt there how would i go about that? I live in tenn

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 18, 2020

The inmate will have to sign and the signature notarized. You may want to discuss with the jail/ prison as to whether they have a notary or if there is a way to facilitate the process.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I know if I'm getting sued by a creditor?

I had a loan set up on auto payments and they stopped processing them due to lack of funds. They never tried to contact me again. That was almost a year ago and now a sheriff shows up and says I'm not getting sued. I call the office that represents them with no response. The number directs me... View More

Anthony M. Avery
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answered on Mar 10, 2020

What did the Sheriff want if he did not serve you or levy on your property? I recommend calling General Sessions Court for the County that either you borrowed the money in or where you live. Check to see if you are a Defendant on a recent or current case. If you borrowed on a car, is there... View More

1 Answer | Asked in Contracts for Tennessee on
Q: I am trying to find a law firm that handles domestication of foriegn judgement in carter county tn
Anthony M. Avery
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answered on Mar 10, 2020

I recommend David Lufkin in Knoxville, Tennessee. He is the best collection attorney I know of.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A seller is threatening to go to the attorney general for breach of contract, should I be worried?

I drunkenly made a bid on an online auction for some real estate in another state(Illinois). Some time had gone by and my financial situation changed, so I no longer would be able to pay for the auction if I won, which I eventually did. I have no way to pay for the real estate in question and I... View More

Anthony M. Avery
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answered on Mar 9, 2020

Jurisdiction exists when you contacted somebody in Illinois. I doubt there is any criminal liability, but yes, you can be sued for specific performance, amongst other causes of actions. If sued and served, hire a competent attorney to both represent you, and protect your assets.

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