Tennessee Legal Questions & Answers
72 plain-English answers to common Tennessee law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Tennessee?
Tennessee property owners first appeal to the County Board of Equalization (deadline June 1 or as set by county) under T.C.A. § 67-5-1407. From there, appeal to the State Board of…
- How does the lemon law process work in Tennessee?
Tennessee's Motor Vehicle Lemon Law, Tenn. Code Ann. §§ 55-24-201 to 55-24-212, presumes a lemon after 3 repair attempts on the same defect or 30+ cumulative days out of service…
- How much of my wages can be garnished in Tennessee?
Tennessee follows the federal CCPA cap. Under Tenn. Code § 26-2-106, garnishment is limited to the lesser of 25% of disposable earnings OR amount above 30 times the federal…
- How do I file a mechanic's lien in Tennessee?
Subs serve Notice of Nonpayment within 90 days of last day of month work performed; for residential, also Notice to Owner before work. Record Sworn Statement of Lien within 90…
- What is the personal injury statute of limitations in Tennessee?
Tennessee provides 1 year for personal injury under Tenn. Code Ann. § 28-3-104 — one of the shortest in the nation. Health care liability is 1 year with a 3-year repose (§…
- How does small claims court work in Tennessee?
Tennessee General Sessions Courts hear civil claims up to $25,000 under Tenn. Code Ann. § 16-15-501. Filing fees range $87-$200. Attorneys are permitted. Appeals to Circuit Court…
- How do I set aside a default judgment in Tennessee?
Move under Tenn. R. Civ. P. 55.02 (default) and 60.02 (default judgment) within a reasonable time, and within one year for mistake or excusable neglect. The Henry v. Goins test…
- Who is liable if a dog bites me in Tennessee?
Tennessee follows the 'Dianna Acklen Act' (Tenn. Code Ann. § 44-8-413). Strict liability applies if the dog ran at large; one-bite (scienter) applies on the owner's residential…
- What can I do if I'm a victim of identity theft in Tennessee?
Tennessee classifies identity theft as a Class D felony (2-12 years) under T.C.A. § 39-14-150, with identity theft trafficking as Class C (3-15 years). Credit freezes are free…
- How does comparative fault work in Tennessee?
Tennessee follows modified comparative fault with a 50% bar under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) — a plaintiff 50% or more at fault recovers nothing (stricter…
- How do I file a public records request in Tennessee?
The Tennessee Public Records Act (T.C.A. § 10-7-503 et seq.) limits requests to Tennessee citizens. Agencies must respond within 7 business days. Fees follow the Office of Open…
- What is the statute of limitations for contract claims in Tennessee?
Tennessee gives 6 years to sue on most contracts under T.C.A. § 28-3-109. UCC sale-of-goods claims have a 4-year SOL under § 47-2-725, and demand notes follow § 28-3-109's 6-year…
- What money in my bank account is protected from creditors in Tennessee?
Tennessee protects $10,000 in personal property wild card under T.C.A. § 26-2-103 usable for bank cash, plus 75% of wages under § 26-2-106. Federal benefits get automatic…
- How do I appeal a denied Social Security disability claim in Tennessee?
Tennessee's Disability Determination Services (DDS), within the Department of Human Services, handles initial SSDI/SSI reviews from Nashville, Memphis, and Knoxville. 60-day…
Employment (10)
- What is the minimum wage in Tennessee?
Tennessee has NO state minimum wage law — the federal $7.25/hour applies under the FLSA. Tennessee preempts local minimum wage ordinances (T.C.A. § 50-2-112). Tipped workers may…
- How do I file a workers compensation claim in Tennessee?
Tennessee workers' comp is governed by Tenn. Code Ann. Title 50, Chapter 6 and administered by the Bureau of Workers' Compensation. Notify your employer within 15 days (Tenn. Code…
- How do I file for unemployment benefits in Tennessee?
File online at jobs4tn.gov. Tennessee pays $30-$275/week (cap is one of the lowest) for up to 26 weeks. Need wages in 2+ base-period quarters totaling at least 40× the WBA. Must…
- What is wrongful termination in Tennessee?
Tennessee is an at-will state. The Tennessee Public Protection Act (TPPA, Tenn. Code § 50-1-304), often called the 'whistleblower statute,' is the primary protection for…
- How do I file a workers' compensation claim in Tennessee?
Notify your employer within 15 days (Tenn. Code § 50-6-201) and file a Petition for Benefit Determination with the Bureau of Workers' Compensation within 1 year (§ 50-6-203)…
- Can I sue for wrongful termination in Tennessee?
Tennessee is at-will but recognizes a Clanton public-policy tort, partially codified in the Tennessee Public Protection Act (T.C.A. § 50-1-304). THRA (T.C.A. § 4-21-101) provides…
- What are my rights against workplace harassment in Tennessee?
The Tennessee Human Rights Act (T.C.A. § 4-21-101) covers employers with 8+ employees and is enforced by the Tennessee Human Rights Commission. Federal 'severe or pervasive'…
- Can my employer drug test me in Tennessee?
Tennessee's Drug-Free Workplace Program (T.C.A. § 50-9-101 et seq.) is voluntary and provides a 5% WC premium discount plus intoxication presumption. No marijuana off-duty…
- Are non-compete agreements enforceable in Tennessee?
Tennessee enforces non-competes that protect a legitimate business interest and are reasonable in time, geography, and scope. Tenn. Code § 63-1-148 voids non-competes against…
- How do I appeal an unemployment insurance denial in Tennessee?
The Tennessee Department of Labor and Workforce Development (TDLWD) administers UI under Tenn. Code Ann. Title 50, Ch. 7. Appeals must be filed within 15 days of the agency…
Family (9)
- How do I file for divorce in Tennessee?
Tennessee requires 6-month residency (or that grounds arose in-state). No-fault divorce is available based on irreconcilable differences with a marital dissolution agreement. File…
- How is child custody decided in Tennessee?
Tennessee designates a 'Primary Residential Parent' (PRP) and an 'Alternate Residential Parent' (ARP) and requires a Permanent Parenting Plan (Tenn. Code Ann. § 36-6-403). Custody…
- How does alimony work in Tennessee?
Tennessee recognizes four types of alimony under T.C.A. § 36-5-121: alimony in futuro (long-term), alimony in solido (lump sum), rehabilitative, and transitional. Tennessee policy…
- How is child support calculated in Tennessee?
Tennessee uses an Income Shares model under Tenn. Code § 36-5-101 and the Tennessee Child Support Guidelines (DHS Rule 1240-02-04), effective since 2005 (replacing the prior flat…
- How do I get a marriage license in Tennessee?
Apply in person at any Tennessee county clerk's office. Fee is $97.50, reducible by $60 with completion of a state-approved 4-hour premarital course (Tenn. Code § 36-6-413). No…
- How do I establish paternity in Tennessee?
Tennessee Code § 24-7-113 governs the Voluntary Acknowledgment of Paternity (VAP), which constitutes a legal finding of paternity. Court actions proceed in juvenile court under…
- How does the adoption process work in Tennessee?
Tennessee adoptions are governed by T.C.A. Title 36 Ch. 1 (§ 36-1-101 et seq.). A surrender under § 36-1-111 cannot be signed before 3 days after birth and may be revoked within…
- Are prenuptial agreements enforceable in Tennessee?
Tennessee has NOT adopted the UPAA. Prenups are governed by Tenn. Code Ann. § 36-3-501 and Randolph v. Randolph (1996), 937 S.W.2d 815. The agreement must be entered into freely…
- How do I get a restraining order in Tennessee?
Tennessee's Order of Protection statute is Tenn. Code Ann. § 36-3-601 et seq., covering domestic abuse, stalking, and sexual assault victims (no relationship needed for…
Criminal (9)
- What are DUI penalties in Tennessee?
Tennessee Code § 55-10-401 sets a .08 BAC limit (.04 commercial, .02 under 21). A first DUI carries mandatory minimum 48 hours jail (7 days if BAC .20+), $350-$1,500 fine, 1-year…
- How do I get a concealed carry permit in Tennessee?
Tennessee became a permitless carry state in 2021 under HB 1184 (codified at T.C.A. § 39-17-1307(g)). Adults 21+ (or 18+ veterans) may carry concealed without a permit. Tennessee…
- What are the search warrant requirements in Tennessee?
Tennessee search warrants are governed by Tenn. Code Ann. § 40-6-101 et seq. and Tenn. R. Crim. P. 41. A sworn affidavit of probable cause must be presented to a magistrate or…
- Can I legally record a phone call or conversation in Tennessee?
Tennessee is a one-party consent state under Tenn. Code Ann. § 39-13-601. A party to the conversation, or someone with consent of one party, may record. Unauthorized interception…
- How does bail work in Tennessee?
Tennessee governs bail under Tenn. Code Ann. §§ 40-11-101 to 40-11-204. Bail is a right except capital cases. Initial appearance within 72 hours of arrest. Cash, surety, property…
- How does plea bargaining work in Tennessee?
Tennessee plea procedure is governed by Tenn. R. Crim. P. 11. Guilty, nolo contendere, and 'best interest' (Alford) pleas are recognized. The court may not participate in plea…
- How do I sue police for misconduct in Tennessee?
42 U.S.C. § 1983 is the federal vehicle. Tennessee has not abolished QI and has no parallel civil-rights act. The Governmental Tort Liability Act (T.C.A. § 29-20-101) caps damages…
- When can a private citizen make a citizen's arrest in Tennessee?
Under Tenn. Code Ann. § 40-7-109, a private person may arrest another for (1) a public offense committed in their presence, (2) a felony committed though not in their presence, or…
- What pretrial diversion or drug court programs exist in Tennessee?
Tennessee offers Pretrial Diversion under T.C.A. § 40-15-105 (DA-run, dismissal+expungement on completion), Judicial Diversion under § 40-35-313, Recovery Court (drug court) under…
Housing (8)
- What are tenant rights in Tennessee?
Tennessee has no security deposit cap, requires return within 30 days under URLTA counties (60,000+ population), mandates a 14-day notice for nonpayment in URLTA counties (5 days…
- What is the eviction process in Tennessee?
Tennessee requires a 14-day notice for nonpayment in URLTA counties under T.C.A. § 66-28-505 and a 30-day notice to terminate month-to-month. Landlord files a detainer warrant in…
- What must a home seller disclose in Tennessee?
Tennessee Residential Property Disclosure Act (T.C.A. § 66-5-201 et seq.) requires sellers of residential 1-4 unit property to deliver either a Disclosure Statement or a…
- How do I dispute a security deposit return in Tennessee?
Tennessee's URLTA (T.C.A. § 66-28-301) requires landlords in counties with populations over 75,000 to return deposits within 60 days of demand, with an itemized statement. The…
- How do I dispute an HOA assessment or fine in Tennessee?
Tennessee adopted the Tennessee Condominium Act of 2008 (Tenn. Code Ann. §§ 66-27-201 to 66-27-603, UCIOA-based) for condos created on/after Jan. 1, 2009; older condos remain…
- What is the eviction process in Tennessee?
Tennessee uses Detainer Warrant proceedings under T.C.A. §§ 29-18-101 et seq. and URLTA (T.C.A. §§ 66-28-101 et seq., in counties >75,000). Nonpayment requires a 14-day…
- What can I do if my landlord won't fix uninhabitable conditions in Tennessee?
Tennessee's Uniform Residential Landlord and Tenant Act (T.C.A. § 66-28-304) applies in counties over 75,000 population. Tenants may repair-and-deduct (capped at $100 in some…
- How do I resolve an easement or boundary dispute in Tennessee?
Tennessee adverse possession requires 7 years with color of title (Tenn. Code § 28-2-101) or 20 years without (Tenn. Code § 28-2-103). Prescriptive easement requires 20 years of…
Estate (8)
- How do I make a valid will in Tennessee?
Tennessee requires the testator to be 18+ and of sound mind (T.C.A. § 32-1-102). The will must be in writing, signed by the testator and attested by 2 competent witnesses who saw…
- How do I create a power of attorney in Tennessee?
Tennessee did NOT adopt the UPOAA. POAs are governed by Tenn. Code Ann. §§ 34-6-101 to 34-6-110 (Uniform Durable Power of Attorney Act, the 1979 version) plus §§ 34-6-201 to…
- How does probate work in Tennessee?
Tennessee probate typically takes 6-12 months under T.C.A. Title 30 and 31. Tennessee has not adopted the UPC. Small-estate affidavit is available for personal property up to…
- Can I disinherit my spouse or child in Tennessee?
Tennessee grants a surviving spouse an elective share on a sliding scale of 10% to 40% based on length of marriage under T.C.A. § 31-4-101. Tennessee is a separate-property state…
- How do I petition for guardianship or conservatorship in Tennessee?
Tennessee uses 'conservatorship' for incapacitated adults and 'guardianship' for minors under Tenn. Code Ann. Title 34. A conservator may handle person, property, or both. Clear…
- How do I create an advance healthcare directive in Tennessee?
Tennessee Health Care Decisions Act (T.C.A. § 68-11-1801 et seq.) authorizes combined Advance Directive for Health Care. Two witnesses OR notary required. POST (Physician Orders…
- How do I file a quitclaim deed in Tennessee?
Tennessee quitclaim deeds need grantor signature and notarial acknowledgment (Tenn. Code §§ 66-5-103, 66-22-101); no witnesses required if notarized. Record with the county…
- What is the homestead exemption in Tennessee and how do I claim it?
Tennessee's creditor homestead is $5,000 per debtor / $7,500 joint (Tenn. Code § 26-2-301), with $12,500 for unmarried 62+ and $25,000 for spouses both 62+. Property-tax Relief…
Traffic (6)
- How do I fight a parking ticket in Tennessee?
Tennessee parking tickets are governed by T.C.A. § 55-8-160 and city ordinances. Nashville uses Metro General Sessions Court with court dates 14-30 days out. Memphis, Knoxville…
- How long do I have to register a vehicle in Tennessee?
Tennessee gives new residents 30 days to register under T.C.A. § 55-4-101. Purchased vehicles must be titled within 30 days. Documents include title, valid ID, proof of TN…
- How do I get my driver's license reinstated in Tennessee?
Tennessee charges $103+ reinstatement (T.C.A. § 55-50-303) plus $65 application fee. After DUI, SR-22 is required for 3 years and Ignition Interlock for 1 year minimum. Tennessee…
- TCA Speeding: How Do I Fight a Speeding Ticket in Tennessee?
Tennessee drivers can pay, plead at General Sessions or city court, or contest at trial under T.C.A. § 55-8-152. State-approved Defensive Driving School can dismiss most tickets…
- What are the open container laws in Tennessee?
Tennessee T.C.A. § 55-10-416 prohibits the driver from consuming or possessing an open container of alcohol in the passenger area while operating a motor vehicle on a public…
- What happens if I get a DUI in Tennessee?
Tenn. Code Ann. § 55-10-401 sets per se DUI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DUI: 48-hour mandatory jail (7 days if BAC 0.20%+), $350-$1,500 fine, 1-year…
Civil Procedure (4)
- What is the small claims limit in Tennessee?
Tennessee General Sessions Court hears civil cases up to $25,000 under T.C.A. § 16-15-501 — the highest small claims limit in the United States. Filing fees range from $159 to…
- What is the statute of limitations in Tennessee?
Tennessee civil limitations: personal injury 1 year (T.C.A. § 28-3-104), written contract 6 years (§ 28-3-109), oral contract 6 years (§ 28-3-109), property damage 3 years for…
- Can I get out of jury duty in Tennessee?
Tennessee requires US citizens, 18+, county residents under T.C.A. § 22-1-101. Hardship excusals are available. The court pays $11/day under T.C.A. § 22-4-101 (low), but…
- How do I legally change my name in Tennessee?
File a Petition for Change of Name in the chancery (or probate) court of your county (T.C.A. § 29-8-101), pay approximately $217–$350 in filing fees, publish notice in a local…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.