Get free answers to your Small Claims legal questions from lawyers in your area.
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.
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.
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.
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 
Since I moved out. And they just called me saying the damages went over my 850 security deposit and I owe them $250.
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answered on Dec 23, 2021
SOL of property torts is 3 years. So the owner has plenty of time to sue you for damages. I would think they would keep your security deposit and forget about the rest. But if they serve you with a Civil Warrant, go to Court and deny any such damages.
I called a bankruptcy lawyer in 2020, she said it was not worth going bankrupt if I was on social security. Social security could not be garnished. So I just stopped paying the loan company, the balance is a little over $3000.
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answered on Dec 16, 2021
Hire a competent attorney to examine your assets. When you are served with suit, then file a Notice of Exempt Property.
How do I get the lien removed
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answered on Oct 20, 2021
It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.
If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... View More
answered on Jun 21, 2021
Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.
I left my ex at the end of October 2020. I had to leave all my personal property behind at his house because there is a history of abuse and I needed to get out fast. A ban notice (no trespassing?) was issued against me. Since then, I have made several attempts to arrange for a 3rd party to pick up... View More
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answered on May 20, 2021
An Action to Recover Personal Property in General Sessions Court would be the proper way to handle this. It may require a Bond and your assisting the Sheriff's Department. Apparently you are having difficulty, so an attorney might help.
there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”
answered on Feb 27, 2021
Broad question- "what happens to whom?"
A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.
The length of time an... View More
Back in 2015 my mom gave her church a big check of my guess $5000 or more from my dad's investment from his job in sales. He was a hard worker. She expected her church to help me out after she died. They never helped me at all.
I even filed a complaint with the IRS and made anonymous... View More
answered on Jan 13, 2021
Based on your limited facts, its hard to see any potential claim. Seems like the money may have been a gift, in which case there would be no claim. But also, even assuming you were a third-party beneficiary to a contract; it may be hard to pursue any claim for breach of contract based on the... View More
From 12 years ago for 400$. Is it legal for them to do that or is there an SOL for bad checks in the state of Tennessee
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answered on Jan 8, 2021
If there was some reaffirmation of the debt by your Wife, then the normal 6 year SOL starts from there to sue her. The Misdemeanor SOL has long since run. The check language might contain an argument for a 10 year SOL for demand notes, but I doubt it. If a bad credit report is made, contest... View More
I have photo evidence and affidavit from plumber who had to repair it that it was a faulty installation.
answered on Dec 18, 2020
It depends. You may be outside of the statute of limitation period for property damage issues. Consult with a local attorney ASAP to best determine your options.
My husband and I traded a car even from a private party. They guy said it was a clean title to the car so before exchanging titles we made sure everything matched up with the car (title has no lean holder on it) My husband went to register it at the court house and was told it was the wrong title... View More
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answered on Nov 24, 2020
Your seller has ripped you off. Contact him and demand he pay off the title loan and get you a good title. If not, you sue him in General Sessions for breach of contract and conversion. I do not believe there are criminal violations here, but you might call the Sheriff. Recission and return... View More
We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point
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answered on Nov 18, 2020
That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... View More
We purchased a vehicle from a private party and it needed work so the private party agreed to do the work themselves and have it ready so we began paying on it. After the private party pushed the date of completion by 2 months and we really need a vehicle so we asked for a loaner or for our money... View More
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answered on Nov 16, 2020
That is a potential breach of contract. If no money has been paid, I would forget about it. Otherwise you might sue yourself in General Sessions Court. If you obtain a judgment, hire an attorney to collect.
If there is, what section code is that under?
answered on Oct 28, 2020
You can work on your own car. If it was illegal there wouldn't be AutoZone stores everywhere. But if you are on private property, say in an apartment complex, you may be prohibited from working on your vehicle on that particular property, for example.
answered on Oct 14, 2020
Most likely, yes. HOAs are based on contract law and most HOA governing documents give the HOA wide discretion to fine homeowners for "violations" which can include such minor things as font on a mailbox. To know the answer for sure, I would need to review the HOA governing documents to... View More
I called them to complain about this error and get the money back because they had left 3$ in my bank acc and they said 7 days to get a check... okay whatever 10 days later I called turns out they processed the check. I read TN penal codes and nothing discusses this issue only what the check cashed... View More
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answered on Oct 12, 2020
No.. You gave them a check, and they cashed it at their leisure. This happens all the time, and the payee is not breaking a law by negotiating the paper early. You could try to sue the payee for breach of contract, but it is not advisable.
It was a buy here pay here place and they want to take the car immediately and sell at auction and do not want to wait until we file Small estate to be executor. He is current on payments and a payment was just taken out of his account for this months payment after he passed. We just wanted to... View More
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answered on Aug 20, 2020
If you have th Title in the Deceased's name (subject to the debt lien), then his Next-Of-Kin own it. Without the Title though there is little to argue as you have no standing. Possibly with the Small Estate Affidavit, the Administrator might sue for Breach of Contract on behalf of the... View More
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