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Questions Answered by Anthony M. Avery
1 Answer | Asked in Civil Litigation for Tennessee on
Q: I have a civil suit against me LVNV Funding is suing me and I was not given proper time.

Summons date was 1-11-2021, I was served 5-27-2021 and court hearing is tomorrow 6-11-2021. How is that legal?

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

You might ask for a continuance to get an attorney, but it appears that service was timely. That is probably not a Court of Record but General Sessions, and only a few days notice is required.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I just received a civil summons on 5-27-2021, with a court date on 6-11-2021. The summons was also issued on 1-11-2021

I feel as though the summons has expired past 90 days and I was not given proper notice before court.

Anthony M. Avery
Anthony M. Avery answered on Jun 11, 2021

Since it has been served, you could suffer a default if you do not appear in Court. That sounds like a General Sessions Warrant, so the Rules of Civil Procedure do not apply. Hire an attorney to defend you on the merits as it appears you have been afforded your due process notice.

1 Answer | Asked in Cannabis & Marijuana Law for Tennessee on
Q: I have been charged with simple possession of weed, and poss unlaw drug paraphernalia uses & activities. What can I do?

It’s a possession got 4.3 grams of weed. I’m also on a F-1 student visa.

Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

Hire a competent attorney to represent you. Convictions will probably mean deportation.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How can I be evicted during corona virus?

We got behind on our bills and was living in a Habitat for humanity home for right at 5 years. We managed to get caught up and it was a huge relief all that the attorney told us was to make sure to pay on time from now on. And me thinking all was well I quit worrying about it next thing I knew was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

Only Detainer Warrants that involved real property subject to Government Guaranteed Deeds of Trust were prohibited for the past year. It appears you were a month to month renter.

1 Answer | Asked in Criminal Law for Tennessee on
Q: the statute of limitations for a theft of gun in the state of Tennessee, when a state only warrant is issued in 2011?
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

Not sure of the question. But if a Warrant was issued, then the SOL was probably met, which is usually 2 to 8 years.

1 Answer | Asked in Divorce for Tennessee on
Q: My wife took a restraining order out on me but her and her lawyer said I can come get my stuff.am I allowed to?
Anthony M. Avery
Anthony M. Avery answered on Jun 9, 2021

No, that is a setup for jail. You will probably need a Divorce to get anything back, unless you can get a Court Order to do so in the Order of Protection Case.

1 Answer | Asked in Real Estate Law for Colorado on
Q: If the fence has been in the wrong spot for more than 20years . Can I claim it as the property line??
Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

That fence line has probably been acquiesced as the boundary regardless of what the adjoining properties' deed legal descriptions say. In any event, you can certainly claim it is the boundary, and it is up to the other owners to sue for a boundary dispute, declaratory judgment, etc.... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: How to change the name on a real estate deed of owner passed away over 25 years ago?

Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Joint Tenants With Rights of Surviorship Deed

My father and I are on a relative's deed, who since passed, as Joint Tenants with Rights of Survivorship. If we sell the property, is it required that the proceeds of the property sale be split amongst the co-tenants 50/50?

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Usually both owners want to get paid. If you and your Father have another arrangement, that is your business. But if I represent the seller, there will be one check with both owners as payees. If you Father wants to convey his interest to you prior to the sale, then he can do so or vice versa.

1 Answer | Asked in Agricultural Law for Tennessee on
Q: Official farm name in Tennessee

I’m wanting to get a official farm name in Tennessee but do not know if they will tell me to do taxes after getting one.

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

I assume you actually want to incorporate a farming enterprise, with the entity under a corporate name. And yes, the new corporation will have to pay taxes under a new tax id. Whether the land is part of the corporation or not needs to be carefully considered.

Hire a competent TN...
Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: I have used my driveway for over 20 years now my neighbor says it’s on his land and I can’t use it? What can I do

The neighbor had the land surveyed and the crossing over the ditch and about 20ft of the the driveway is on their property they have also been farming about 300ft of our land on the opposite end. We have never asked or gotten permission as we thought the crossing was on our land and it is the only... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

It appears that you have a Boundary Dispute. You probably have the right to use the driveway by prescription, but the farming of your land could be serious adverse possession. Do not acquiesce to their farming on your land. Hire a competent MN attorney immediately. Both adjoining tracts now... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Do I need a lawyer? What are the repercussions for a criminal trespassing charge? Will this be on my record?

I am being tried for criminal trespassing at my grandmothers house. I have, maybe2 speeding tickets, which I have paid. Will this be on my record? What should I do to prepare for my upcoming court date.

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

Do not post those incriminating facts on a public forum, and do not discuss this with anyone. Hire a competent attorney to get it diverted, dismissed and expunged. You do not want a criminal conviction on your record.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the filing fee in Tennessee for eviction

And is a notarized eviction notice legal

Anthony M. Avery
Anthony M. Avery answered on Jun 3, 2021

General Sessions Detainer Warrant Court Costs vary amongst the Counties, but usually run around $ 180 up to $ 250. Circuit Court and Chancery Court Costs will about double that. Any kind of notice to quit is notice to vacate, and service/posting of the Warrant is notice to quit by Statute,... Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: Would a large storage tank be considered real property or personal property?
Anthony M. Avery
Anthony M. Avery answered on Jun 3, 2021

If it is permanently affixed to the land or buried, then it is a fixture to the real property and thus real property. If it is designed to be moved or just sitting there, then it is personal property. There could be a separate UCC1 fixture filing on it also. This is a general statement of... Read more »

1 Answer | Asked in Real Estate Law on
Q: My mom was supposedly selling a piece of property (trailer and land) to a woman, but she has not paid since August.

Can you tell me what the current options are for eviction/forclosure? She has not contacted my mom to say she was having a hardship and my mom has been in and out of the hospital this past year and has not been able to pursue it. The woman and my mom have a contract that originally stated that my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2021

Hire a NC attorney to prosecute the eviction action. You are wasting alot of money by procrastinating. There are several competent attorneys here on Justia, so call them.

1 Answer | Asked in Real Estate Law on
Q: See below

I have purchased home under c4d, trouble is that she can't provide any proof, she ownes it, and the owner deceased..the woman claims she has contract with brother that inherent property, problem its still all in deceased woman name, I put large down and she won't provide proper paperwork

Anthony M. Avery
Anthony M. Avery answered on Jun 2, 2021

Not sure of your question, but I assume are trying to buy real property by yourself. Hire a competent attorney in the County of the property. Do not pay out more money to the seller until your lawyer searches the title, drafts affidavits, concludes a Probate, determines heirship, and drafts an... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband owns a house with his ex-gf and her daugh all 3 have their name on deed. How can he go about to get his share
Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2021

Hire a competent FL attorney to file an Action for a Sale for Partition. If there is a large debt against the property, then you may have to wait for years until the equity is built up or all parties want to sell.

1 Answer | Asked in Contracts and Real Estate Law for North Carolina on
Q: Family member flaccified documents that I allowed him to stay at house I own for free, used copy paper and my signature

This family member is on tourist visa and trying to stay in US... I did not sign anything and don't want them in my house. What should I do in this case? what statue applies? I am a US citizen and own house for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Jun 1, 2021

Hire an attorney to prosecute an eviction action. It is doubtful that the occupant will want to present forged documents in Court. Even if he does, he has not paid rent, and the documents are probably irrelevant to possession.

1 Answer | Asked in Probate for Georgia on
Q: If heirs of a property (children) all have died, what portion does each grandchildren inherit

We own 110 acres in Georgia. All of the original heirs of this intestate estate have died. My cousins (10 in number) want to claim an equal amount per person of the the entire estate. With thr total number of grandchildren grtting an equal share. Me and my brothers pay a larger sum per person for... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

You should hire a competent GA attorney to search the title determine Heirship, possibly generating an Affidavit. If the owners cannot aggree, then an Action for a Partition Sale may be necessary.

1 Answer | Asked in Real Estate Law on
Q: This is a question about my friend's pending case of recovery of possession of her land

Good day!

A parcel of land was transferred to my friend's name when her parents died in 1991 because of an accident. From 1930 up to the present, she has been paying the real state taxes, however, a portion of her land was unlawfully possessed by a certain Alex. This guy was claiming... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

Alex probably has a good claim of adverse possession. The tax statutes may help your friend. And she will probably need a very competent attorney to search the title and file an Action for Ejectment. The SOL may have already run, but she cannot wait on her rights. Quiet Title, Boundary... Read more »

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