Tennessee Litigation Legal Questions

From your question, it appears that the creditor is seeking a deficiency judgment.  Deficiency judgments are often sought by creditors when the vehicle sells for less than what is owed on the car loan.   Creditors are entitled to seek a deficiency judgment in such cases; however, there may be potential defenses and/or counter-claims that you could raise in defense to said claims depending on the facts of your case.  For example, pursuant to Tenn. Code Ann. Tenn. Code Ann. § 47-9-610 there are certain notice requirements that the creditor must comply with prior to selling the repossessed vehicle.  If these notice requirements are met by the creditor, the creditor's failure to satisfy the notice requirements might serve as a defense in any future lawsuit by the creditor seeking a deficiency judgment.  There are also statutory requirements requiring creditors to sell the vehicle in a commercially reasonable manner, and the failure to sell the vehicle in a commercially reasonable manner may also be a defense.  The Servicemembers Civil Relief Act (SCRA), which is a federal statute, may also provide some protection that might be used as a defense in a lawsuit seeking a deficiency judgment if you are in the military depending on the particular facts of your case. Whether or not you should hire an attorney given the facts of your case is going to largely depend on how much you are being sued for.  In other words, if you are being sued for a few hundred dollars, it is likely not going to be cost-effective to hire an attorney.  On the other hand, if the creditor is seeking a judgment against you for $20,000.00 it would be highly recommended that you hire an attorney to represent you in the case.  In any event, I would recommend that you at least consult with an attorney regarding the civil summons that you have been served with so that you can determine the best path forward given the particular facts of your case.  If you were served with a civil summons that includes a court date, you must appear on the date set forth in the summons or else a default judgment may be obtained against you.  If the civil summons that you were served with does not include a court date, generally you must file a responsive pleading such as an Answer or Motion to Dismiss with the court clerk within thirty days of the date of service and you must serve a copy of this responsive pleading on the creditor's attorney as evidenced by a certificate of service or else a default judgment could be entered against you.... Read More

When you signed the lease agreement, then you are liable for the lease payments for the length of the lease, even if you move out and your roommate stays on. You need to contact the landlord and work with it in terminating the lease and making payments for your share of the lease and damages.... Read More

I can not tell from your summary if the mortgage is still open or has been foreclosed on? If still open, then you are still liable on the mortgage until he gets it refinanced in his own name or it is foreclosed on. If closed and there is a deficiency, then you (and he) are liable for any deficiency.... Read More

I live in a gated community with an exit gate and it shuts very slowly. If his gate shuts very slowly I am perplexed as to how your fiance' got caught in the gate unless he was at fault in some manner.  As to how to make the office move quicker, I have no advice to give you except to keep hounding them to make a decision.... Read More

Yes you can seek a show cause order but I am surprised that the judge would issue a restaining order and get the court involved in church affairs. I am sure that the bishop is taking the position that  Tennessee courts involvment in church affairs are barred by the First Amendment's protection of purely religious matters from interference by secular courts. The freedom of churches to resolve their own disputes is such a fundamentally ecclesiastical matter that the court can not resolve those disputes under the First Amendment.... Read More