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Tennessee Small Claims Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Small Claims for Tennessee on
Q: Do I need a lawyer in circuit court appeal of a general sessions judgement.

A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More

Anthony M. Avery
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answered on Feb 19, 2024

It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.

1 Answer | Asked in Small Claims for Tennessee on
Q: Am I entitled to a share of land inheritance that I paid a loan on 25 years ago, that was taken from me secretly in TN.

I need the statute of limitations on land stolen in Tennessee.

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answered on Dec 11, 2023

SOL is usually 7 years. It does not sound like you had any claim to title unless you were an heir at law. If so, then you might be a tenant in common. Making a loan does not make you an owner.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: In TN, can a property owner request copies of workman's Comp certificate, auto insurance, and liability coverage?

I want work to stop until I have proof.

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answered on Dec 5, 2023

You do not have a right to see those documents. But you can demand them now. If you terminate the contract you may be sued. Those are issues you address before signing the contract.

2 Answers | Asked in Contracts, Products Liability and Small Claims for Tennessee on
Q: can i ask for damages in small claims court for time, travel, gas, court costs materials used etc?

I ordered and a contract was approved by me for glass. The contract was amended by the company, as per my instructions, and "tempered glass" was added to the final invoice that was not specified. I signed and accepted the amended invoice when I picked up and paid for the glass. I found... View More

Anthony M. Avery
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answered on Nov 30, 2023

Contract actions usually exclude consequential damages. Tort claims might include such damages. No

small claims court in TN. General Sessions Court might allow it, but it sounds like a breach of contract action, so no.

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1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Tennessee on
Q: I was staying with my daughter from March 20 to may 11 and she called police said she didn't want me back in house and

Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented

Anthony M. Avery
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answered on Aug 31, 2023

What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.

If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.

2 Answers | Asked in Employment Law and Small Claims for Tennessee on
Q: Hello my name is Kelly Randall the company that hired me has refused to pay me for over two months now what do I do?

National Global llc hired me as a personal assistant for Amazingly 1 me hair salon, the employer there was abusing my kindness and demanded more then I was hired for etc when I spoke to the manager at NG llc that interviewed me he then spoke to the woman and days after I was fired and promised my... View More

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answered on Jun 23, 2023

You will need an attorney to sue for breach of contract, etc. Serving the defendant is required and you will have to put on proof. You could file in General Sessions yourself, but I recommend an attorney.

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1 Answer | Asked in Small Claims for Tennessee on
Q: I am a contractor who filed a suit against a former client. The judge did not hear the case, but ruled in my favor.

Case has been moved to a different court. How can I, a) move things faster b) get a bank garnishment

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answered on Jun 5, 2023

If it is moved to another Court, then it sounds like you did not receive a money Judgment. If you have a Judgment, then record a certified copy in the Register's Office. Then hire an attorney to begin collections, unless you can get the Clerk to issue a bank levy now.

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Legal Malpractice for Tennessee on
Q: What can I do about a lawer not returning my retainer?

I paid a lawyer $3500 for a child visitation. He drew up a parenting plan. But the mother and I came to a agreement without the courts. So I told him to take out for the plan and hrs worked and to send back the rest. He basically is giving me the run around and avoiding me. I never signed no... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2023

Request, in writing, an itemized time statement. If it is not provided contact the State Bar and look into fee arbitration or small claims court.

1 Answer | Asked in Small Claims for Tennessee on
Q: If I sue in small claims court in TN & the debt is past 30 days then you can sue for 2x the amount? Someone stated u can

I leant money to a friend who hasn’t repaid the debt. They are 45 days past due. Someone stated that if I take them to small claims court then I can sue for double the amount. Is this true? If so, do you know the statue?

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answered on Apr 5, 2023

No it is not the law. If you file suit in General Sessions, what evidence do you have of a loan? Most importantly, how do you expect to collect? You might want to hire an attorney if the loan amount is significant. A lawyer will almost be a necessity to collect sometime during the 10 year... View More

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: I am a licensed master plumber in Tennessee. I had a customer who refused to pay a bill for 2200.00. Is that theft of s

Service, and if so is it felony?

Michael Hollins Sr.
Michael Hollins Sr.
answered on Jan 2, 2023

Where a contract is allegedly broken, the civil courts typically handle those matters.

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... View More

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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,... View 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... View 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... View 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
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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... View More

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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.

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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

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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 .

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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 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?

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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

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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... View More

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