Get free answers to your Small Claims legal questions from lawyers in your area.
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... View More 
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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.
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... View More
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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.
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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... View More
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.
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.
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?
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.
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... View More
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.
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... View More
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,... View More
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... View More
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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... View More
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?
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... View More
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.
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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.
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... View More
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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... View More
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
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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... View More
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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.
She had to buy new countertop, man told her he would sue if she tried to make him pay for replacement. Elderly abuse? Ripoff
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... View More
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... View More
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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... View More
My dog had puppies I gave one at to a neighbor they're not taking care of it can I legally take back ownership
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... View More
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... View More
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.
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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... View More
Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?
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.
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... View More
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,... View More
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