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Tennessee Small Claims Questions & Answers
1 Answer | Asked in Small Claims for Tennessee on
Q: Install new hvac in house customer agreed by text go ahead same day he closed on house and sold now cannot get paid
Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2020

You have to file a Mechanic's and Materialman's Lien. You need a competent attorney to both file it, and possibly execute on it in Chancery. You do not have much time.

1 Answer | Asked in Small Claims for Tennessee on
Q: My 86 yr old mother had a water leak fixed, they broke countertop, made mess of top trying to fix And never came back

She had to buy new countertop, man told her he would sue if she tried to make him pay for replacement. Elderly abuse? Ripoff

Tim Akpinar
Tim Akpinar answered on Jan 27, 2020

A Tennessee attorney could offer the best answer here, but your post remains open for two weeks. This doesn't really look like elder abuse; that's something more along the lines of a person in a position of trust taking advantage of an elderly person. Without more details, it's difficult to say... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: my husband has a judgement on him and im not listed what can happen to me?

I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Tennessee on
Q: What is here. She'll can I take ownership back of my puppy

My dog had puppies I gave one at to a neighbor they're not taking care of it can I legally take back ownership

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

If you gave it away it would no longer be yours to re-possess unless you have a written contract that would permit you to do so. For example, some animal shelters make the person adopting sign a contract that contains a clause stating that abuse or neglect of the animal would be grounds to take the... Read more »

1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

1 Answer | Asked in Intellectual Property, Real Estate Law and Small Claims for Tennessee on
Q: My now ex and I are on a mortgage together but he left the property 2 months ago. Does this count as abandonment?

Am I obligated to give him anything in the home cause the police advised me to change locks when he left and I have. What are my options on this matter? We are not married to each other.

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

No abandonment involved. You are jointly and severally liable for the full Note amount. The cops advice has no relevance to a possible distribution of marital property. Divorce may be an alternative, but it will not pay the note, insurance and taxes. Decide if you want house, then go from... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: If I have a misdemeanor theft charge from 7 years ago that was expunged and deferred, does 1st charg I get a 2nd charge,

Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 16, 2019

I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: What can be done to hold Auto Body Shop accountable for damages?

My wife took her car to an auto body shop to fix a paint spot on rear bumper. The car had to be taken back a second time to be fixed properly, but after getting home she found 3 new scratches on front bumper and the interior and exterior was covered in white dust. We don't want to go back to these... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 4, 2019

A Tennessee attorney could answer you best, but your question remains open for four weeks. One of the issues that could materialize if you found yourself in court over this matter is that the judge could ask the shop what their response was. And if they state that they offered to repair the damage,... Read more »

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I live in Tenneesee, The woman who owes me money by oral contract lives in colorado. In what state do i file? TN or CO?
Anthony M. Avery
Anthony M. Avery answered on Oct 31, 2019

Unless you can prove the contract was made in TN, and it will be almost impossible with an oral agreement, you better file and serve a suit in COL. That State may be where you would want to collect it also. Start calling lawyers in COL, and know exactly what happened when you talk to them.... Read more »

1 Answer | Asked in Products Liability and Small Claims for Tennessee on
Q: Didn't sign my whole name on both parties sheet, stamp was not done at time of signing, did not sign notary jornal

Leave in Tennessee is this notary valid

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

Probably not a problem. Journal entry is not required and the Seal can be affixed later, but needs to be there prior to the instrument being used or relied upon. Notaries should sign their full names, but often do not.

1 Answer | Asked in Libel & Slander and Small Claims for Tennessee on
Q: My cousin told me she was going to Seattle, and then going to Los Angeles and on to Sacramento then back home. I paid

$638 for Seattle alone and then another $360 for the California trip. Unfortunately I was hospitalized Western State and was there for 3 days. Upon my release which was also 1 week out to go to Seattle, I was unable to go do to a new medication and I told my cousin immediately but she didn’t... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

I can't tell why you would be sued for the facts provided? Did you promise to pay for the trips? She may not have a good case, but unfortunately, if you are sued you should appear at the court date. Otherwise, you risk having a default judgment entered against you.

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
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
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
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
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
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
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
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
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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