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Tennessee Small Claims Questions & Answers
1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: Evicted tenant damaged house beyond security deposit I paid $3000 for repairs.

Is there a time limit for me to file against the former tenant.

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Nov 6, 2018

Yes, unless the lease has some other provision, the statute of limitation on property damage is usually 3 years. However, I would encourage you not to wait, its usually better to pursue any claim as soon as possible.

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: Its it possible to sue movers for non delivery of items?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 30, 2018

Yes. But be sure to look at your contract before you do. The contract may limit your recover or damages and may require you to mediate or arbitrate the dispute.

1 Answer | Asked in Small Claims for Tennessee on
Q: My car has been at an auto shop for about 30 days. Am I at risk of losing ownership of the car?

The car is there because it can’t be driven and I can’t afford the repairs. I have been in contact with the shop manager throughout the 30 days. Can the establishment assume legal ownership of the vehicle at this point?

Bennett James Wills
Bennett James Wills
answered on Jun 6, 2018

They could file a lien.

2 Answers | Asked in Contracts, Employment Law and Small Claims for Tennessee on
Q: Within a valet company, if a driver damages a vehicle, can the company require the driver to pay for the damages?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on May 14, 2018

If I understand the question correctly, the driver would be an employee or on a contractual basis with the valet company. I believe that the answer to the question demands an understanding of their employment agreement and/or contract. It should spell out who is responsible for damages.

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1 Answer | Asked in Small Claims for Tennessee on
Q: My brother and his ex left personal things 5 years ago. We threw the things out. They want legal action.

They were broken junk, old clothes, papers, 1 tv that was my mom’s who passed away and a play station. Most of the things grew mold because they got wet and we threw them out. The tv and PlayStation is with us. Now his ex is telling me that she will take legal action to get the tv, the... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Apr 28, 2018

She can try, but I doubt it will result in much since so much time has passed. If they do file suit, you will need to consult an attorney.

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Tennessee on
Q: By Tennessee Law if a contract states a 2% interest if breach of contract occars what is the max judgement interest rate

If a default judgement occars in sept 2012 whats the max interest rate to be applied to judgement if contract states 2% if breach of contract occars

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 23, 2018

The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%

http://www.tncourts.gov/node/1232344

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Small Claims for Tennessee on
Q: We live on a private road,never having a problem with driving in or out, then came our neighbors.

It has been about 8 months and we’ve been stuck on our property unless we walk .75 miles to the black top and get a ride. They made it where not even an ambulance or police could get back here if we needed help. My husband is disabled what can we do legally?

Anthony M. Avery
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answered on Mar 12, 2018

You should first conduct extensive title searches of both yours and the neighbors' properties. Hopefully there may be at least a mention of a Right of Way or Easement. There may be something that you can do to the neighbors within your rights. But without an Easement, express or... View More

1 Answer | Asked in Small Claims for Tennessee on
Q: Can I use the courts to get a family bible back from third party?

Cousin's daughter carelessly left family bible with mother-in-law when she left her husband and returned home. For unknown reasons, cousin will not disclose any contact info on the lady who supposedly has our bible. Can I force disclosure on my cousin?

Bennett James Wills
Bennett James Wills
answered on Feb 15, 2018

If you wanted to sue someone for the return of property, you would need to sue the person that is in possession of the property. From the few facts here - it doesn't seem that you have any legal ability to force the cousin to disclose anything as the cousin has no duty to disclose that... View More

1 Answer | Asked in Banking, Small Claims and Collections for Tennessee on
Q: Bank account levied. Creditor has judgement. Can I motion to Quash?

My bank account has my paycheck direct deposited. Can i motion to Quash for exceeding the 25% limit allowed for wages garnishment? All of my pay goes into this account and they froze everything. Does the law cross over to apply when bank account is levied?

Bennett James Wills
Bennett James Wills
answered on Feb 5, 2018

You could file a motion to quash a garnishment and/or a slow pay motion to try and get some relief.

1 Answer | Asked in Civil Litigation, Small Claims and Car Accidents for Tennessee on
Q: I'm trying to find out if since I have new information to a civil case if I can file another case or not.

At the time case was heard I was not allowed to present any evidence. Other drivers vehicle has several dangerous recalls and driver exaggerated damages on vehicle. After striking my car He continued to drive several yards before stopping and my instinct was to follow after him so both vehicles had... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Feb 5, 2018

Sorry, but probably not. In order to have a case "re-opened" ( not a legal term) on the basis of "newly discovered evidence" you have to show that the evidenced was not available at the time of the first hearing. From what you described, that does not appear to be possible.... View More

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: I changed my mind about consigning clothing. Store won’t return my items. I still own them, how can they do that?

I consigned with a local store to sell clothing items. I’ve changed my mind and would like my belongings back. Store refuses to give them back to me. There is not a no cancellation policy on my contract. I’ve paid all authentication fees. I simply want my belongings returned. Help.

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 1, 2018

What does the contract say? Have they sold the items? Are they objecting to the time it would take to go through the merchandise to pull them out? You may want to contact an attorney to review the contract and advise you what your next steps should be.

1 Answer | Asked in Estate Planning, Probate, Small Claims and Wrongful Death for Tennessee on
Q: Could I sue my stepmom for not giving me anything or not coming up with my saving bonds?

My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 29, 2017

You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Tennessee on
Q: How do I collect money now that I have won a judgement in civil court?

The defendants dog attacked my dog, and the judgement is the vet bills. Its been 4 months since we went to court, and I was awarded the judgement. The defendant has made no effort to pay me the judgement. I know I can file a bank levy, wage garnishment or execution on property that he owns, but... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 28, 2017

The rules of civil procedure provide for "discovery" to aid in collection. In other words, you can demand by subpoena to make the debtor appear in court and answer questions about their work and assets. Your question doesn't specify whether your judgment was granted by the circuit or... View More

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I had a verbal agreement and i gave a friend money in return for a help and they didnt help. Can i take this to court?

I had a verbal agreement to be helped by a friend and so far i have given them $265 and havent got any of what we agreed on in return. I want to know what i can do?

Bennett James Wills
Bennett James Wills
answered on Dec 21, 2017

You could choose to file a civil lawsuit against the person that owes you money.

1 Answer | Asked in Civil Litigation, Divorce and Small Claims for Tennessee on
Q: My ex-husband and I divorced in 2008. I live in Tn and just found him. How do I collect this judgment? Divorced in AL

The judgement is for close to $100,000. He quit anytime I've tried to garnish. It's been a while since I've tried. He stays "on the down low" I found out he's working for CPS in the Keys and I would like my $$! I just don't know how. I live in TN. We divorced in Alabama. He lives in FL keys

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Dec 18, 2017

There is a process for enrolling a "foreign judgment" in each State. "Foreign" means a judgment from out of state, not from another country. In order to enforce the Alabama decree, you must enroll the judgment in Florida and when that process is completed, the Alabama judgment... View More

1 Answer | Asked in Child Support and Small Claims for Tennessee on
Q: Which state I need to file a case in, the state I reside or the state the order was issued?

-Myself and my child reside in Tennessee

-Non Custodial parent resides in Colorado

-Child support and medical support order was issued in Ohio

-I am seeking a small claims suit against non-custodial parent for non-payment of court ordered medical bills

Do I file in... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 25, 2017

It is unclear what you mean by a "small claims suit"- if you are seeking payment of "court ordered" obligations, it would seem that you would file in the court that issued the order originally. However, if you no longer live there , this would not make sense. Child support... View More

1 Answer | Asked in Real Estate Law and Small Claims for Tennessee on
Q: I had some timber cut from my land. I verified this by having my land surveyed last week. I recorded the surveyor

I found 14 trees cut. I contacted the logger. I went back to the area and the logger painted some trees, redrawing the line. After contacting the logger, he said only 4 trees where cut and survey's aren't as accurate as his gps. I have a Forrester coming out to give me a value of my... View More

Anthony M. Avery
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answered on Oct 23, 2017

This is both a trespassing and conversion case. There is a criminal statute but you will not be able to do both probably, mainly because of the amount of money involved. You will need your Surveyor as a witness on the land lines, and should have a lumber man to put in evidence the damages.... View More

1 Answer | Asked in Contracts, Consumer Law and Small Claims for Tennessee on
Q: Should I take this entity to small claims court. Where? I live in Loretto, but the event was scheduled in Nashville, TN.

I signed up for a bubble run in Nashville, TN scheduled for 10-21-17. I received an email stating the date has been postponed (sometime in 2018). I asked them to refund my money and if the future date works for me, I will sign up at that time. They said there are no refunds I can transfer my VIP... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 6, 2017

If Bubble RUN is telling you there are no refunds if they cancel/ postpone for no reason- you should ask for where this rule is in writing. On the webpage it indicates that there are no refunds - but indicates this is related to "checking your calendar prior to signing up." There are no... View More

1 Answer | Asked in Contracts, Insurance Bad Faith, Consumer Law and Small Claims for Tennessee on
Q: Can I take a moving company to small claims court for non-delivery of shipment?

I recently re-located from MD to TN. I hired a moving company to ship some household items to TN that were picked up on June 26 in MD. Per the company's written delivery schedule, items should be delivered between 1- 14 days. It has been 32 days since they were pick up and still no delivery.... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2017

You can take them to court. But look at your contract. There may be some requirement that you arbitrate, or submit the matter to mediation first. I would suggest you contact the moving company and tell them you are giong to contact the police / district attorney as to his if the furniture is not... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Tennessee on
Q: My sister in law left boxes and personal property at my home when can I grow it away
Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 9, 2017

It is hard to say based upon the limited information you have given. If you can load the items up and take them to her house and drop them off in a covered place (telling her first you are doing this - this would be best. If not, If you can contact your sister and law and give her a date by... View More

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