Month: March 2018

Advice from a Creditor Rights Lawyer

My law firm doesn’t have associate attorneys. We’re all “Members,” meaning that the typical angry partner/terrified associate relationship doesn’t really exist.

That is great for many reasons, but it stinks for a few others. For instance, I don’t always have a set of hands ready, willing, and waiting to do my overflow legal work. Also, I don’t really have a mentee or protege.

At this point in my career, I really expected to have a mentee.

So, blog readers, over the next few weeks, I’ll be sharing my wisdom on the practice of law here.  Follow along if you’d like to learn from my 18 years of hassling debtors, opposing counsel, and court clerks.

It’s a Bird, It’s a Plane, It’s a Super Lawyer

I’m generally pretty skeptical of awards and law-honors. Except, you know, when I receive them.

Accordingly, I’m super proud to let you know that I’ve been named a Mid-South Super Lawyer for Creditor-Debtor Rights, Business Litigation, Banking, and Real Estate.

According to Super Lawyers, Mid-South Super Lawyers are selected through a multi-phased process, which includes independent research, peer nominations and peer evaluations. The list is produced by Super Lawyers, a national rating service that includes more than 70 practice areas.

They also name “Rising Stars,” which is an honor for younger attorneys who have the best years of their career ahead of them.

Honestly, while it’s great to receive any honor, I sort of which I still qualified for the young lawyer awards. Oh well. Up, up and away to the Courthouse.

 

Small Interpleader Actions are Allowed in General Sessions Court

A few years ago, I said that Interpleader lawsuits are the only times people like to hear from me. My lawyer marketing materials, literally, say “It’s bad news if you’re hearing from David Anthony.”

In that blog post, I talked about why interpleader lawsuits are good news. Well, sort of good news. I mean, it’s still a lawsuit and still a hassle to deal with.

Here’s a little bit better news. There’s a statute that allows a party to file an interpleader lawsuit in General Sessions Court, which means that the parties will: (a) get the money quicker; and (b) with less legal fees.

The statute, Tenn. Code Ann. § 16-15-731(a), provides in part that:

Notwithstanding any rule of court or any law to the contrary, actions in the nature of interpleader, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the general sessions court, may be filed in general sessions court under this part. …

So, if the amount is less than $25,000, and the matter is filed in General Sessions Court, you should be really happy to hear from me.