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Tennessee Identity Theft Questions & Answers
1 Answer | Asked in Consumer Law and Identity Theft for Tennessee on
Q: I just received an alert that I had a derogatory on my credit.

I found this weird as my credit score is 843 and I take pride in it. I called the firm representing whoever put the 679 judgement against me and they said it was for a Rachel. I don't have any clue who this person is and it it was from Naples Fl who I have no one in that area. They just pulled... View More

Anthony M. Avery
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answered on Feb 22, 2024

If you cannot get this off your record by disputing it with the credit bureaus, then you will need an attorney. That amount of money may not justify the expense. It would help to get a copy of the judgment from the Court it was entered. Then you can talk to the attorney about suit. It the... View More

1 Answer | Asked in Identity Theft, Public Benefits, Social Security and Banking for Tennessee on
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus

I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021.

It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his... View More

James L. Arrasmith
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answered on Dec 26, 2023

You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that... View More

1 Answer | Asked in Bankruptcy, Contracts, Constitutional Law and Identity Theft for Tennessee on
Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of

Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?

Why is the court system run off of creditor vs debtor?

Is the legal system operating in bankruptcy?

Our ignorance for the... View More

James L. Arrasmith
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answered on Dec 20, 2023

A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood.

The term "ens legis" refers to a legal entity created by...
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1 Answer | Asked in Identity Theft for Tennessee on
Q: Can I have someone arrested for obtaining my social security number and giving it to someone else?

My social security number and DL # was given to someone in my subdivision by her brother-in-law who is an attorney. She, in turn, gave it to someone else in my subdivision who then mailed it to someone else in my subdivision. Is this not illegal?

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, where your social security number and driver's license number were shared without your consent, there are potential legal concerns. It's important to understand that sharing this sensitive information without permission can be a serious matter, often breaching privacy... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Tennessee on
Q: Someone forged my signature on my title and got it registered. They had the law show up and get my car who do I contact
Anthony M. Avery
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answered on Apr 5, 2023

How did someone get your Title? Apparently they convinced LEO's they owned the car, and may have filed an Action To Recover Property, where you should have been served.

But Forgery is usually a Felony, so you may be able to get law enforcement involved. If no Forgery of your name,...
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1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
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1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: I need advice on a recent charge , I am 100% innocent.
Anthony M. Avery
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answered on May 21, 2024

What is your question? Hire a competent attorney; do not talk to anyone about the incident; might be time for a new phone and number; work and stay out of trouble; and prepare for a rigorous Preliminary Hearing.

1 Answer | Asked in Civil Litigation, Criminal Law, Identity Theft and Sexual Harassment for Tennessee on
Q: If I have been assaulted by the law officer/s who can I trust to report this crime to and get real help?

It is a very long story. My civil rights have been violated and I was beaten, tased, tortured, and raped in the jail. Then dosed with, what I believe to be phentenol, and let out on the street and arrested again and then sent to a Crisis Center for evaluation (which I passed). But I asked for a... View More

Cayley Turrin
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Cayley Turrin
answered on Feb 17, 2023

There is usually someone at the police department that will investigate claims.

1 Answer | Asked in Identity Theft for Tennessee on
Q: My $18,000 GFclock, has been in repair shop going on 4 years. three times it would be ready in 1 wk. What can I do.

They keep telling me it's about ready. The shop I took it to, outsourced the job. I do not even know where all the clock is. Please tell me what to do.

Bennett James Wills
Bennett James Wills
answered on Oct 18, 2022

You could consider filing a general sessions claim for breach of contract and return of the clock.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: Before my preliminary hearing what information should I have or know...

My attorney has not told me anything so how can I have a defense

I know my charges yes however I don't know what evidence is against me or witnesses are against me...

Anthony M. Avery
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answered on Oct 13, 2022

Defendants have no right to discovery at the Sessions level. But you should at least read what is in the Arrest Warrant, as sometimes subpoenas, implied consent forms, fingerprints, etc. are with the Warrant. Might need another attorney.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: What can you be charged with for using someone else's name whenever you are arrested
Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

Yes. It is a crime to give a false identification.

1 Answer | Asked in Civil Litigation, Identity Theft and Small Claims for Tennessee on
Q: Can I sue for theft of property, damage of property, extortion, fraud, forgery, harassment of government law enforcement

9 people involve, police officer on video surrounding my house, and entering my mailbox to receive my info .

Anthony M. Avery
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answered on May 4, 2022

You may or may not have a Governmental Tort Liability Act/ 18 USC Section 1983 action, as it sounds like you were not charged. But you will need damages, which are capped. Consult with a competent attorney.

1 Answer | Asked in Collections, Consumer Law, Contracts and Identity Theft for Tennessee on
Q: A person with the same name used to live at my address. The creditor sued and won a judgement. I never got notice.

Did the creditor win a judgement against anyone with that name at my address or against specifically the person who made the contract. Can I be considered liable for the debt? Do I need to countersue this creditor for the mistake?

Anthony M. Avery
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answered on Mar 14, 2022

You must hire an attorney. Setting aside such a Judgment will be difficult and will require some very precise pleadings. You will have to go to Court and prove you are not the proper Judgment Debtor. Time is running against you.

1 Answer | Asked in Identity Theft for Tennessee on
Q: Identity frauded somebody made themselves trustee of me I did not no about and I have names
Anthony M. Avery
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answered on Nov 18, 2021

Call your Sheriff and report it with all details known.

1 Answer | Asked in Civil Litigation and Identity Theft for Tennessee on
Q: Somebody stole and signed over my vehicle title to themselves and brought the police and got my vehicle what can I do

Columbia, Tennessee; Maury county

Anthony M. Avery
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answered on May 7, 2021

An action for Conversion in General Sessions Court might be best option. But it sounds like someone pawned the Title, then repossessed the collateral.

1 Answer | Asked in Identity Theft for Tennessee on
Q: If my Ex girlfriend stole my stimulus check 2&3 and cashed both how should I press charges
Anthony M. Avery
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answered on Apr 15, 2021

Talk to your Sheriff's Department and ask to speak to an Investigator. Have all the facts ready to disclose the Theft of Property. Remember you are the witness/victim and you will have to testify, but it is the State's Case. When the Charges come up in Court tell the DA you want... View More

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: If I have permission to get money from a debt card (pin, account password) can I be punished for overdraft
Anthony M. Avery
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answered on Mar 16, 2021

The account holder will be getting a charge from the Bank. But if you take out more money than you were authorized by the account holder, then that is Theft of Property, which could be a misdemeanor or a felony depending on the amount stolen. You could also be sued by the account holder.

1 Answer | Asked in Criminal Law and Identity Theft for Tennessee on
Q: How likely is it to be convicted for identity theft if you only possess someone else's state licensed ID?

That individual was charged with identity theft and possession of drug paraphernalia. Could that charge be reduced to criminal impersonation?

Cayley Turrin
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Cayley Turrin
answered on Nov 27, 2020

It could be but it is likely to be convicted. I suggest that individual get an attorney to fight for that reduction.

1 Answer | Asked in Consumer Law, Criminal Law and Identity Theft for Tennessee on
Q: Stolen Check / Identity Thief

Someone passed a stolen check of mine and made a purchase of over $1000 at a Tennessee Walmart in late 2001. I was not aware of this until June 2020 when I was trying to purchase a handgun and was rejected by the TBI. The information I was given is that there is a case against me in the county... View More

Anthony M. Avery
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answered on Jul 20, 2020

Most importantly, you need to know if it was only a charge, or a conviction. A charge is not a firearm disability although the TBI will not okay your firearm purchase from a FFL. But a conviction, and a felony at that, will be life changing. Hopefully it is only a charge, and a very good... View More

1 Answer | Asked in Domestic Violence and Identity Theft for Tennessee on
Q: What steps can I take to protect myself from financial abuse by my ex?

He has taken the information off my license and has my social security number and has already set up a credit karma account for me. I am in a program in which the government assigned me an address. But I’m afraid of him using my information when it comes to tax time (since I can legally claim the... View More

Johnny Quitman Rasberry
Johnny Quitman Rasberry
answered on May 9, 2020

If you have an attorney, then tell your attorney. It sounds as if you are in a divorce proceeding and he may have violated the automatic injunction. If you do not have an attorney, get one.

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