Legal Question in Civil Litigation in Tennessee

Lawsuit dealing with the sale of a used car

I work at a small, independant, Georgia-based used car dealership that primarily sells cars over the Internet. Two months ago, a gentleman from Tennessee purchased a car from us. We described it As-Is and the customer declined purchasing an extended warranty. He inspected it in person, accepted it, made the payment, and drove off. About 7 weeks later, he called us and claimed that the engine became messed up and that we should pay him to get it fixed. We obviously declined since he not only refused the warranty, but significant time had passed, and he bought a several year old used car As-Is. Anyways, he decided to file a lawsuit in Shelby County, TN which is where he resides. A friend who is familiar in law said that he has no case and that the jurisdiction is incorrect (or something like that). We would like some advice from any lawyers, and if a lawyer from Shelby County is willing to represent us, how much would it cost? Please keep in mind that we are a very small business, not a large dealership. Thanks.


Asked on 1/06/04, 3:59 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Lawsuit dealing with the sale of a used car

I agree with your friend that the TN court does not have jurisdiction. However, now that he has filed suit, if you do not raise this defense, it is waived and a judgment may be entered against you. I would advise you to call attorney Mike Keeney, in Memphis, to get the suit thrown out. I don't know him, but I know a lawyer in Franklin (near Nashville) whose name is Holland McKinney. Holland said Mr. Keeney is a good friend. Sorry I don't know his number.

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Answered on 1/08/04, 3:03 pm


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