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Tennessee Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Should one dispute excessive move-out fees in small claims court?

I recently moved out of an apartment in Tennessee. Despite multiple requests, I was never given a walk-through. In addition, we left 2 weeks before our lease ended due to fear of COVID-19, and the fact that we did not feel our apartment was following CDC Guidelines.

Despite this, the... Read more »

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

Venue will basically be the County and State of the leasehold. If you do not pay what is demanded, then the landlord can sue you in that County, but will have to try to collect any Judgment against you. If there was a security deposit, than that might be something to sue for.

1 Answer | Asked in Small Claims for Tennessee on
Q: Can you sue an out of state business in small claims court in Tennessee?

The company has violated the TCPA on multiple occasions by sending me solicitous texts even though I'm on the do not call registry. They originally replied that I opted in, but the date they claimed I did that is actually after the violations occurred. When I pointed this out, they said they... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 16, 2020

You will need an attorney and it should be filed in Circuit Court. GS would be quick, but it does not look like you know what you are doing, and you would ultimately try it again upstairs. Service through the Secretary of State will be a chore itself.

1 Answer | Asked in Small Claims for Tennessee on
Q: Paperwork on motion to claim excess funds, what talking bout names of heirs, an blank to act alone?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 25, 2020

I do not understand your question. But it sounds like the Next of Kin are trying to recover a Decedent's monies. You probably need an attorney to draft, execute and record an Affidavit of Heirship. Then use a copy of the Affidavit to support your Claim Form, for the benefit of those listed... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: A couple cosigned an agreement to lease one of the 3 bedrooms in my apartment. However, they never moved in.

I'm now liable for their rent, but the landlord will not provide me with their address so that I can serve them papers. How can I get the landlord to provide me with their address.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
answered on Jun 24, 2020

If a couple co-signed on a Lease with you, you should know their addresses. The Landlord does not have to give them to you. If you can't find them, hire a private detective to find them.

1 Answer | Asked in Small Claims for Tennessee on
Q: my fiancée & I are splitting. she used my credit to get windows & air put in, promising to make All payments & hasn’t.

She promised to make all payments & not ruin my credit but she isn’t making payments, do I need a lawyer to make her pay or what can I do?

Paul E. Tennison
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Paul E. Tennison
answered on Jun 22, 2020

You may want to consult with an attorney. You could also consider filing a small claims court action to get your money back. If your fiancée made a promise to you and failed to follow that, this could be a breach of oral contract. Good luck.

2 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: is a surety bond company required to investigate a claim or can they refuse pending you prove on the front end.

dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 13, 2020

There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.

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2 Answers | Asked in Collections and Small Claims for Tennessee on
Q: How can I collect my judgement ?

I have a judgement by default from 2016 for 25k @5.5% . The debtor was a business owner who took money/property from multiple people before taking everything of value from the business and ran away. I did get a wage garnishment for a couple years, only because of a rumor and some luck until he was... Read more »

Bennett James Wills
Bennett James Wills
answered on May 14, 2020

You can use the Tennessee Property Database https://assessment.cot.tn.gov/RE_Assessment/ to try and see if the debtor owns property. Maybe that's the same one you mentioned.

You have some collection tools available. You could send interrogatories in aid of execution, take a deposition,...
Read more »

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1 Answer | Asked in Contracts, Civil Litigation, Small Claims and Collections for Tennessee on
Q: How to get money back?

I've invested/borrowed 19k to Mr XYZ in 2016 who is a resident of TN. Mr XYZ hasn't returned them.

I have the agreement and a notarized note. I hired a collection agency that charged me $1,700 for financial search in Mr XYZ assets. They said that Mr XYZ moved all money to a trust... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 13, 2020

If he actually has the cash protected, you will probably have to file a Creditor's Bill in Chancery. It is complicated and most competent attorneys will want a retainer plus a percentage of the recovered assets. A General Sessions Civil Warrant might expedite your recovery, but in most... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I want to take a flooring company to small claims court to get my money back for flooring I never received.

The location I got it from closed down. Do I need go to the court in the county where the closed location is or the county with their only open location?

Bennett James Wills
Bennett James Wills
answered on May 11, 2020

It's a business. Closed or not, you can sue them where the contract was entered into, where the product was to be delivered, or any particular county where they have a principal place of business, or where the contract specifies. If they are out of business, you may be able to obtain a... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: October 10, 2017 I gave my then girlfriend $2000 to help with her debt. Do I have a case to get it back?

Obviously verbally said she'd pay me back, but I doubt I could find text messages proving she did have that intent. I have the cashier's check with both our names on it still.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 6, 2020

You can sue her in General Sessions Court for a Stated Account. It costs money to file and serve the Warrant. And be aware that getting a Judgment is the easy part, collecting upon it is difficult.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Tennessee on
Q: What kind of personal property can be seized for the payment to the creditor? I live in TN, and am unsure on what counts

I had to default on a couple note loans that I received in the mail, and a couple personal loans because of financial hardship. I am a veteran and was attending school, but failed my last semester and had to repay the VA money. I lost my main source of income from the GI bill. It's been 5-6... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 6, 2020

You can exempt personal property up to $ 10K, then tools of the trade a few other things such part of a Retirement Plan. If you get sued, you must notify the Plaintiff and the Court of your Notice of Exemption. The Judgment Creditor can continuously monitor your property ownership while the... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: I am the defendant and the plaintiff has a writ of possession for vehicle.

Do i have to deliver vehicle to her driveway. It's not hidden. She could pick up anytime but refuses because it's in another county

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 1, 2020

The Judgment is for Possession, not for money against you. So I would not worry about it too much. I suggest calling the Sheriff of the County that issued the Writ and inform him of the location of the car and key, if you do not wish to take the car to her home. You do not want to be accused... Read more »

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
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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... 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
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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... 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
PREMIUM
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... 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 »

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