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Tennessee Small Claims Questions & Answers

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »

Bennett James Wills answered on Aug 20, 2019

What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... Read more »

1 Answer | Asked in Probate and Small Claims for Tennessee on

Q: Dad died 20 years ago. I Discovered $10,067 TN Unclaimed Site. Will not release over 10K. Can I circumvent Probate?

TN Unclaimed states that over $10,00.00 they must reopen Probate Court & contact all family. $10,067.00 from unknown Life Insurance. Father's will left property, real estate, money to me (Son) & (1 Grandson). Second Son (my brother) was basically omitted from the will. Second Son sued in an attempt... Read more »

Anthony M. Avery answered on Jun 25, 2019

I would recommend hiring a competent attorney to file a Small Estate Affidavit. The Trust may have messed up the Insurance. Be careful about what County you file in. Only other alternatives is to record an Affidavit of Heirship, and either ask or/and sue the Treasury for the money. It might... Read more »

1 Answer | Asked in Small Claims for Tennessee on

Q: is it harassment for multiple false police calls that result in cops coming to my house and waking me up?

My downstairs neighbor has called the cops numerous times over “noise complaint” when there is actually no noise. The cops have woke me up from bed twice.

Bennett James Wills answered on Jun 13, 2019

False reporting is a crime.

1 Answer | Asked in Small Claims and Collections for Tennessee on

Q: I have been served with a summons to court for a debt from a flex loan. Do I need to file an answer for it?

The paperwork doesn’t have a date to file an answer by it just states “to appear before the general sessions court of ... on ... and then there to answer in civil action brought by ...

what is an answer and how do i write it? Do I even need to do so? There’s already a payment... Read more »

Anthony M. Avery answered on Jun 11, 2019

You have to go to Court. Be on time and respectful. If you dispute the debt, say so. The Plaintiff will probably continue it to produce evidence and/or testimony.

1 Answer | Asked in Real Estate Law and Small Claims for Tennessee on

Q: Bro-n-law recently passed away, never married/no children. My husbnd is last kin/inherited condo.

No savings, no 401K, no assets. Household furnishings less than $3K. Title company requires TennCare Release before we can sell condo. Can TennCare come after us personally for amounts owed?

Anthony M. Avery answered on Jun 8, 2019

TennCare can go after the real property, and could possibly go after the proceeds in your hands. But the risk is minimal and it can be insured against. If you want to sell it, find another buyer and/or title co. After one year from date of death, it would be unusual for a creditor to come... Read more »

1 Answer | Asked in Small Claims for Tennessee on

Q: I posted an accurate account of my visit with an orthopedist in TN in a review, and the dr. is now threatening to sue me

Two months ago I saw this doctor for the first time. The doctor refused to look at my MRI and refused to consider the possibility of a torn deltoid. He ridiculed me for suggesting this was a possibility and had his nurse help him find a metaphor for how silly it was to expect him to look at my MRI.... Read more »

Paul E. Tennison answered on Jun 5, 2019

If your review was accurate, he does not have a good case. The truth is a 100% defense to defamation due to the First Amendment right to free speech.

However, there is an important distinction here, even if he doesn't have a case, he can still sue you. At that point you will have to defend...
Read more »

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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1 Answer | Asked in Small Claims for Tennessee on

Q: If a bank tries to take money out of an old bank account without your consent can you sue that bank

Anthony M. Avery answered on May 21, 2019

You better read your Deposit Agreement as the Bank may have the right. If not, understand you are talking about suing a nationally chartered bank, so it will be difficult and expensive. When you deposit money, the bank owns the money subject to your right to withdraw it. There may be a... Read more »

1 Answer | Asked in Banking and Small Claims for Tennessee on

Q: Is there anything I can do about this legally or should I have my bank fight this?

I went on a cruise and I was given a $150 credit. On the day I was to debark I had a $150 charge still on my account. It came to light that the $150 credit was posted the account of one of other people I was sharing the stateroom with (who had already been cleared to debark). I used cash the entire... Read more »

Bruce Alexander Minnick answered on May 16, 2019

No, the amount of money involved is way too small and the dispute can be solved between you are "the other guest." The law is not designed to solve every little problem that comes your way during this lifetime, The Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Small Claims for Tennessee on

Q: I was moving after my lease ended in September 2018. A friend asked me to refer her to my landlord because she needed a

Place to live. I gave him number for the landlord. She loved the place. I had a couch that she agreed to purchase. She told me to leave I in the home as her intention was to move right in, the landlord did everything but sign the lease which he anticipated doing soon. The day that I had left for... Read more »

Anthony M. Avery answered on Apr 9, 2019

What is your question? It is doubtful anyone would file an expensive suit to recover the actual couch or its value. Especially when you agree to give it to her. If you are really worried, find out where she is and deliver it to her. You do not need a lawyer.

1 Answer | Asked in Small Claims for Tennessee on

Q: I had two auto mobile stolen we got one back.How can i press charges against this juvinil.

Anthony M. Avery answered on Mar 28, 2019

I am not sure of your exact question. Did you report the Thefts to the Sheriff'f Office when you found the cars missing? If so go back to them with what facts you now know. If not, then go to the Sheriff now and explain what has happened. If you really think a certain Juvenile stole from you,... Read more »

1 Answer | Asked in Contracts and Small Claims for Tennessee on

Q: If I want to pay to get off my lease and my mom co-signed will her name be removed when I get off the lease ?

Anthony M. Avery answered on Mar 8, 2019

That removal of all Lessees and Obligors needs to be part of your consideration for paying off the Lease. If they will not completely terminate the Lease, do not pay them the money. It may not be part of the bargain.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on

Q: My father died and his sister's sold all his belongings without consent can we sue

I am his oldest son of 2

Anthony M. Avery answered on Feb 22, 2019

In the County of his death, you might file a Small Estate Affidavit. This will make you the Administrator with authority to sue her on behalf of the Estate for Conversion, Action to Recover Personal Property, and possibly request a Warrant issue for her Theft of Property (from the rightful owners,... Read more »

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

His insurance co paid the damages but not $900+ in fees charged by the rental company. Do I need to file a small claims case in TN or where I live to try to recoup damages?

Leonard Robert Grefseng answered on Dec 19, 2018

The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

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1 Answer | Asked in Contracts and Small Claims for Tennessee on

Q: I had a sales agreement for 2,500 in writing, and other party is refusing to pay. Should I take it to court ?

Mr. James Charles Wright answered on Nov 19, 2018

It reallly depends on the reason the otehr person is refusing to pay. You could go to small claims court- General Sessions and represent yourself (unless you are doing business as a Corporation or an LLC- then you can't represent the entity).

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on

Q: Evicted tenant damaged house beyond security deposit I paid $3000 for repairs.

Is there a time limit for me to file against the former tenant.

Leonard Robert Grefseng answered on Nov 6, 2018

Yes, unless the lease has some other provision, the statute of limitation on property damage is usually 3 years. However, I would encourage you not to wait, its usually better to pursue any claim as soon as possible.

1 Answer | Asked in Contracts and Small Claims for Tennessee on

Q: Its it possible to sue movers for non delivery of items?

Mr. James Charles Wright answered on Jul 30, 2018

Yes. But be sure to look at your contract before you do. The contract may limit your recover or damages and may require you to mediate or arbitrate the dispute.

1 Answer | Asked in Small Claims for Tennessee on

Q: My car has been at an auto shop for about 30 days. Am I at risk of losing ownership of the car?

The car is there because it can’t be driven and I can’t afford the repairs. I have been in contact with the shop manager throughout the 30 days. Can the establishment assume legal ownership of the vehicle at this point?

Bennett James Wills answered on Jun 6, 2018

They could file a lien.

2 Answers | Asked in Contracts, Employment Law and Small Claims for Tennessee on

Q: Within a valet company, if a driver damages a vehicle, can the company require the driver to pay for the damages?

Mr. Kent Thomas Jones Esq. answered on May 14, 2018

If I understand the question correctly, the driver would be an employee or on a contractual basis with the valet company. I believe that the answer to the question demands an understanding of their employment agreement and/or contract. It should spell out who is responsible for damages.

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