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Tennessee Small Claims Questions & Answers
1 Answer | Asked in Health Care Law and Small Claims for Tennessee on
Q: In Tennessee can a dentist office bill me for services performed over two years ago?

I visited this dentist over two years ago and they apparently made a billing error with the change over to a new system. I never received a bill. I had been seeing a different dentist and I recently decided to go back to this office. I made an appointment and was informed of a $250 balance. I... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 17, 2022

SOL has not run on that services charge yet. You might compute your balance and then call them offering payment of the same. Do not send a check, but use a money order. Otherwise they will know where to collect a judgment.

2 Answers | Asked in Personal Injury and Small Claims for Tennessee on
Q: I tripped over, and cut my toe open at a college campus.

I was delivering an order to my local college campus in TN and while trying to find the apartment number, in the middle of the walkway, I tripped. It looked like maybe 2 poles used to block vehicles from entering that specific path, but they were cut down to maybe 4 inches high. They were rusty,... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 23, 2022

I would suggest you take pictures of your injury as well as the location. If you are needing medical treatment - I would report this to the school and its insurer. They may provide / pay for your medical care. If you are considering a legal route-- you should contact an attorney.

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1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: How often can a debtor be subpoenaed for post judgement discovery in Tennessee
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 6, 2022

There is not limit during the life of the Judgment. You might move to quash for abusive filings, but it will probably be denied.

1 Answer | Asked in Small Claims for Tennessee on
Q: Hi! We are suing a fence builder in Tennessee for an inferior product. Can we sue for more than we paid for the work?

Hi!

We are suing a fence builder in Tennessee for an inferior product. We paid to have 10 foot galvanized steel poles used on the fence. They were put in November 2021 and by May 2022 they were failing with peeling, cracking and rusting on the steel poles underneath. There is no way to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 22, 2022

You will probably be limited to the Contract price unless it allows consequential damages, which is not likely. It will be difficult enough to prove defective materials, which may require an expert. Also it may be difficult to collect a Judgment. Remember you have the burden of proof.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Hello, I purchased a car parts off of Facebook from Tennessee. I live in NY. Paid with a money order. Still not shipped

It was on Facebook marketplace he would only accept money order. Asked cost to ship it to New York give me the price. I paid him with a money order. Keep saying it’s shipped says he’ll give me a tracking number and never does.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 11, 2022

You may have to sue for Breach of Contract in General Sessions. Hopefully you have sufficient service information. I doubt the LEO's will arrest for Theft.

2 Answers | Asked in Small Claims and Collections for Tennessee on
Q: I am being sued for not paying a credit card. If I’m in debt consolidation and they’re paying in full do I need a lawyer

I’m in tennessee. The case is in June

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 9, 2022

Only Bankruptcy enjoins debt collection. Debt Consolidation does not prohibit collection, but only gets the creditors to voluntarily agree to hold off. But if they sue, it is not a defense. Hire a competent attorney to represent you, as obviously you are trying to deal with this yourself.

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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
PREMIUM
Anthony M. Avery
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 Small Claims and Arbitration / Mediation Law for Tennessee on
Q: I took a loan out like 4 years ago and when I did I signed and they signed an arbitration agreement Then went to court

The arbitration agreement said that I can’t take them to court and that they can’t take me to court but they did take me to court so they breeches the contract right?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 27, 2022

If in Sessions Court, you have to point out the contractual term to the Judge. If in a Court of Record, then file the Answer asserting the arbitration requirement. If defending yourself, you must actively assert your contractual rights or they will be ignored.

1 Answer | Asked in Small Claims for Tennessee on
Q: How can I see I was in any law suits

There are several instances is why I'm asking

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 24, 2022

You will not be able to check everywhere and at any time. But you can call each Court and ask the Clerk to see if were a party in a suit there. Your name may be a problem, so you may want to ask about one or more names. Start with the County where you live and call General Sessions. Later... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: does Tennessee have any laws on tenant contact with former resident about security deposit? It’s been over 30 days

Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 23, 2021

SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I am on retirement social security since January 2020, what can i do when a loan company takes me to civil court?

I called a bankruptcy lawyer in 2020, she said it was not worth going bankrupt if I was on social security. Social security could not be garnished. So I just stopped paying the loan company, the balance is a little over $3000.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 16, 2021

Hire a competent attorney to examine your assets. When you are served with suit, then file a Notice of Exempt Property.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Small Claims for Tennessee on
Q: Should I hire an attorney for small claims court to recover personal property from my ex boyfriend?

I left my ex at the end of October 2020. I had to leave all my personal property behind at his house because there is a history of abuse and I needed to get out fast. A ban notice (no trespassing?) was issued against me. Since then, I have made several attempts to arrange for a 3rd party to pick up... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 20, 2021

An Action to Recover Personal Property in General Sessions Court would be the proper way to handle this. It may require a Bond and your assisting the Sheriff's Department. Apparently you are having difficulty, so an attorney might help.

3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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1 Answer | Asked in Small Claims for Tennessee on
Q: Is small claims best option to sue a relatives preacher over $4000

Back in 2015 my mom gave her church a big check of my guess $5000 or more from my dad's investment from his job in sales. He was a hard worker. She expected her church to help me out after she died. They never helped me at all.

I even filed a complaint with the IRS and made anonymous... Read more »

Bennett James Wills
Bennett James Wills
answered on Jan 13, 2021

Based on your limited facts, its hard to see any potential claim. Seems like the money may have been a gift, in which case there would be no claim. But also, even assuming you were a third-party beneficiary to a contract; it may be hard to pursue any claim for breach of contract based on the... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: My wife received a call today from a debt collector that threatened to subpoena her to court for a bad check from

From 12 years ago for 400$. Is it legal for them to do that or is there an SOL for bad checks in the state of Tennessee

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 8, 2021

If there was some reaffirmation of the debt by your Wife, then the normal 6 year SOL starts from there to sue her. The Misdemeanor SOL has long since run. The check language might contain an argument for a 10 year SOL for demand notes, but I doubt it. If a bad credit report is made, contest... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I bought a new home 3 1/4 years ago. The sanitary line failed due to faulty installation. Can I sue for the damages?

I have photo evidence and affidavit from plumber who had to repair it that it was a faulty installation.

Bennett James Wills
Bennett James Wills
answered on Dec 18, 2020

It depends. You may be outside of the statute of limitation period for property damage issues. Consult with a local attorney ASAP to best determine your options.

1 Answer | Asked in Small Claims for Tennessee on
Q: Trading a car even with private party

My husband and I traded a car even from a private party. They guy said it was a clean title to the car so before exchanging titles we made sure everything matched up with the car (title has no lean holder on it) My husband went to register it at the court house and was told it was the wrong title... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 24, 2020

Your seller has ripped you off. Contact him and demand he pay off the title loan and get you a good title. If not, you sue him in General Sessions for breach of contract and conversion. I do not believe there are criminal violations here, but you might call the Sheriff. Recission and return... Read more »

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