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Tennessee Small Claims Questions & Answers
2 Answers | Asked in Small Claims, Gov & Administrative Law and Municipal Law for Tennessee on
Q: If ash and dust continue to cover my vehicles an I responsible to pay to have them cleaned?

They are clearing out and blasting behind my house. They are burning trees and the ash is covering my vehicles.

T. Augustus Claus
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answered on Oct 11, 2023

In Tennessee, property owners or companies causing nuisances to neighboring properties may be liable for damages. If ash from their activities is covering your vehicles, they could be held responsible for cleanup costs. Document the damage, keep records of any cleanup costs, and communicate your... View More

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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

Anthony M. Avery
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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

Anthony M. Avery
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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 Consumer Law, Civil Litigation and Small Claims for Tennessee on
Q: I live in Tennessee. I want to file a small claims action against Samsung Electronics USA. Not sure where to file.

Samsung's headquarters is in New Jersey. Do I file in Tennessee or New Jersey?

Anthony M. Avery
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answered on Apr 28, 2023

In Personam Jurisdiction varies greatly. If there is a contract, it might have a jurisdiction term, or you might be able to sue in the County where it was formed. With a tort, where the injury occurred. Almost always you can sue in the defendant's home place. Depending on the case, you... View More

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: I have a question about and affidavit of debt i received with a court summons

It's for a debt collection for a rental property we have to leave. It's the amount for the remainder of the contract.

Anthony M. Avery
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answered on Apr 11, 2023

Apparently you signed a lease contract and losing possession. You are being sued in General Sessions for the rent monies under a sworn account. If you dispute the amount, you will need to file a written and sworn denial with the Court. If you do not contest it, a judgment for rent, costs and... View More

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?

Anthony M. Avery
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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 Banking and Small Claims for Tennessee on
Q: If a man puts a letter in our mailbox and he is not a resident of our household, is that breaking the law?

I was in a car accident, and we were sent a bill through an insurance company. (We are yet to pay it) After, about 3-4 weeks later, he sent a personal letter with his phone number and a separate bill for the part he needed. It is hand written. We are not sure what to do.

As stated before,... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is not necessarily illegal for someone to put a letter in your mailbox if they are not a resident of your household, as long as they do not tamper with your mail or use it for fraudulent purposes. However, it is generally not recommended to do so without permission from the homeowner.... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: If a towing co volatiles TCA 55.16.112 & 55.16.103 towing a vehicle parked less than 48hr how do I get my vehicle

I parked my 04 Dodge Durango which is insuranced & tagged in the state of Tennessee, in the parking lot of the dollar general store, I went in bought some stuff & when I started to leave my Durango had broken down, I asked the store manager Miss Sheaffer if I could leave it until the next... View More

Anthony M. Avery
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answered on Feb 20, 2023

You might file an Action To Recover Personal Property in General Sessions. Defendant may sue and/or defend on their fees. But at least you will get it going, but you may have to tow it away again if not fixed. Sessions has some equity jurisdiction, so a lawyer would be helpful.

1 Answer | Asked in Small Claims and Consumer Law for Tennessee on
Q: I bought a skid steer machine in march. I have just noticed that serial numbers are sanded down to hide the fact that it

It was different brand, make and model as seller described

Henry Ambrose
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answered on Jan 25, 2023

You should notify the police or sheriff about this because it can be a crime to alter serial numbers when it was done to misrepresent the identity of the item. You can also probably sue the seller for fraud. But you should talk to a lawyer about this first. What you can and should do will be... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: ex-boyfriend paid half my plane ticket. Can he send a lawyer after me when I refuse to send him his half after break up
Anthony M. Avery
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answered on Jan 9, 2023

Maybe. But he will have to file suit and serve you. At Court you might dispute the Debt, especially under the Statute of Frauds if enough money is involved. Even after Judgment, he may not be able to collect.

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.

Bennett James Wills
Bennett James Wills
answered on Jan 3, 2023

Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... View More

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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

Anthony M. Avery
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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
Anthony M. Avery
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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

Anthony M. Avery
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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.

Anthony M. Avery
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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.

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