Tennessee Small Claims Questions & Answers

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

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
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..

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

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Nov 19, 2018
Mr. James Charles Wright's answer
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).

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

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Answered on Nov 6, 2018
Leonard Robert Grefseng's answer
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.

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

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Jul 30, 2018
Mr. James Charles Wright's answer
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.

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

2 Answers | Asked in Contracts, Employment Law and Small Claims for Tennessee on
Answered on May 14, 2018
Mr. Kent Thomas Jones Esq.'s answer
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.

Q: My brother and his ex left personal things 5 years ago. We threw the things out. They want legal action.

1 Answer | Asked in Small Claims for Tennessee on
Answered on Apr 28, 2018
Marjorie A Bristol's answer
She can try, but I doubt it will result in much since so much time has passed. If they do file suit, you will need to consult an attorney.

Q: By Tennessee Law if a contract states a 2% interest if breach of contract occars what is the max judgement interest rate

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Tennessee on
Answered on Apr 23, 2018
Mr. James Charles Wright's answer
The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%

http://www.tncourts.gov/node/1232344

Q: We live on a private road,never having a problem with driving in or out, then came our neighbors.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Small Claims for Tennessee on
Answered on Mar 12, 2018
Anthony Marvin Avery's answer
You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or implied, in the chain of titles, you are left with difficult litigation in Chancery Court to prove an Easement exists by Prescription or By Implication.

Q: Can I use the courts to get a family bible back from third party?

1 Answer | Asked in Small Claims for Tennessee on
Answered on Feb 15, 2018
Bennett James Wills' answer
If you wanted to sue someone for the return of property, you would need to sue the person that is in possession of the property. From the few facts here - it doesn't seem that you have any legal ability to force the cousin to disclose anything as the cousin has no duty to disclose that information. You may want to hire an investigator to find the mother-in-law.

Q: Bank account levied. Creditor has judgement. Can I motion to Quash?

1 Answer | Asked in Banking, Small Claims and Collections for Tennessee on
Answered on Feb 5, 2018
Bennett James Wills' answer
You could file a motion to quash a garnishment and/or a slow pay motion to try and get some relief.

Q: I'm trying to find out if since I have new information to a civil case if I can file another case or not.

1 Answer | Asked in Civil Litigation, Small Claims and Car Accidents for Tennessee on
Answered on Feb 5, 2018
Leonard Robert Grefseng's answer
Sorry, but probably not. In order to have a case "re-opened" ( not a legal term) on the basis of "newly discovered evidence" you have to show that the evidenced was not available at the time of the first hearing. From what you described, that does not appear to be possible. Consult an experienced litigation lawyer asap for more specific advice on your particular case. There are time limits that must be observed.

Q: I changed my mind about consigning clothing. Store won’t return my items. I still own them, how can they do that?

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Answered on Feb 1, 2018
Marjorie A Bristol's answer
What does the contract say? Have they sold the items? Are they objecting to the time it would take to go through the merchandise to pull them out? You may want to contact an attorney to review the contract and advise you what your next steps should be.

Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on
Answered on Dec 29, 2017
Marjorie A Bristol's answer
You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

Q: How do I collect money now that I have won a judgement in civil court?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Tennessee on
Answered on Dec 28, 2017
Leonard Robert Grefseng's answer
The rules of civil procedure provide for "discovery" to aid in collection. In other words, you can demand by subpoena to make the debtor appear in court and answer questions about their work and assets. Your question doesn't specify whether your judgment was granted by the circuit or general sessions court, but this procedure is available in both courts ( there is a specific statute for sessions court). Do some internet research, I suspect there are lots of informative websites on collection...

Q: I had a verbal agreement and i gave a friend money in return for a help and they didnt help. Can i take this to court?

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Answered on Dec 21, 2017
Bennett James Wills' answer
You could choose to file a civil lawsuit against the person that owes you money.

Q: My ex-husband and I divorced in 2008. I live in Tn and just found him. How do I collect this judgment? Divorced in AL

1 Answer | Asked in Civil Litigation, Divorce and Small Claims for Tennessee on
Answered on Dec 18, 2017
Leonard Robert Grefseng's answer
There is a process for enrolling a "foreign judgment" in each State. "Foreign" means a judgment from out of state, not from another country. In order to enforce the Alabama decree, you must enroll the judgment in Florida and when that process is completed, the Alabama judgment is then just like a Florida judgment. You can then try garnishing his Florida wages. Be advised that Florida has some of the most liberal protection laws for debtors in the U.S. Consider hiring a Florida lawyer to assist...

Q: Which state I need to file a case in, the state I reside or the state the order was issued?

1 Answer | Asked in Child Support and Small Claims for Tennessee on
Answered on Oct 25, 2017
Leonard Robert Grefseng's answer
It is unclear what you mean by a "small claims suit"- if you are seeking payment of "court ordered" obligations, it would seem that you would file in the court that issued the order originally. However, if you no longer live there , this would not make sense. Child support cases are not, in my experience, "small claims suits" - however, they can be transferred form state to state and most states have child support enforcement offices to assist parents who are attempting to collet support. You...

Q: I had some timber cut from my land. I verified this by having my land surveyed last week. I recorded the surveyor

1 Answer | Asked in Real Estate Law and Small Claims for Tennessee on
Answered on Oct 23, 2017
Anthony Marvin Avery's answer
This is both a trespassing and conversion case. There is a criminal statute but you will not be able to do both probably, mainly because of the amount of money involved. You will need your Surveyor as a witness on the land lines, and should have a lumber man to put in evidence the damages. It can be filed in General Sessions Court, but then you might have to try it twice. You need a lawyer because it becomes primarily a boundary dispute which cannot go to Sessions, but that gets you to...

Q: Should I take this entity to small claims court. Where? I live in Loretto, but the event was scheduled in Nashville, TN.

1 Answer | Asked in Contracts, Consumer Law and Small Claims for Tennessee on
Answered on Oct 6, 2017
Mr. James Charles Wright's answer
If Bubble RUN is telling you there are no refunds if they cancel/ postpone for no reason- you should ask for where this rule is in writing. On the webpage it indicates that there are no refunds - but indicates this is related to "checking your calendar prior to signing up." There are no refunds for adverse weather. But it doesn't indicate no refunds if they simply postpone or change the date on you. If this were a defined charity run - I might suggest you just consider this a donation to a...

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