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Tennessee Questions & Answers
1 Answer | Asked in Traffic Tickets, Agricultural Law and Car Accidents for Tennessee on
Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?

I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards,... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: My house was foreclosed on. I am now being told by text from realtor that I will be evicted. What are my rights?

Working with lender and their foreclosure lawyer for loan modification or reinstatement when it was sold. Lender bought it back at sale but since a VA loan, the Secretary of VA took it before I could get cash together to pay reinstatement. Realtor apparently works for VRM, the current contractor... Read more »

Anthony M. Avery
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answered on Jun 5, 2023

It sounds like a Foreclosure has occurred, but you might hire an attorney to look into it. Until you are served or posted with a Detainer Warrant, the owner has done nothing to obtain possession. Suit must be filed, served and heard by the Court. Then you will have 10 days to leave after... Read more »

1 Answer | Asked in Federal Crimes, Contracts and Criminal Law for Tennessee on
Q: What can you do if ups worker steals your package? A 42,000$ package!!!

I took it to ups access point last Thursday evening and yesterday tracking still hadn't updated so I sent my husband to the UPS store and she told him that the tracking number didn't look right it needed more numbers ok so I called them and they hung up on me and I called them back the... Read more »

Anthony M. Avery
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answered on Jun 1, 2023

That may be either a conversion, breach of contract or bailment action, possibly others. You will need a TN attorney if the delivery of the parcel was in a TN County. Probably a Circuit Court action. Be prepared to give alot more details than what you have posted, which is nowhere near... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: What is the Statute of limitation for DUI in Tennessee?

I was arrested for DUI in November of 2019, and have yet to be convicted. The case keeps getting reset due to Covid and other issues within the court. It’s now been almost 4 years since my arrest. Does this count as being past the 1 year statute of limitations?

Anthony M. Avery
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answered on May 31, 2023

If the warrant was issued within 1 year of the incident, then it is timely initiated. Your lawyer could make a speedy trial motion, but it might just get you convicted sooner. Talk to your lawyer.

2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee on
Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

Jay Moreland
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Jay Moreland
answered on Jun 3, 2023

Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you... Read more »

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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Tennessee on
Q: My house burned it is a total loss . My Ins policy is up for renewal today. Is there any reason why I should renew this.

Policy shouldn’t I just get a liability policy for the land?

Anthony M. Avery
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answered on May 31, 2023

You should have already hired an attorney and/or a Public Adjustor to help you with filing the Claim. Have you made a Claim yet? Paying another policy premium is the least of your worries, and nonpayment may deny coverage. Hire some competent professionals to advise you as there are far too... Read more »

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1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
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answered on May 25, 2023

You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There is no "average" settlement amount. It all depends on how much you have been damaged and how good your attorney is in convincing the other side of the risk and exposure. The amount of insurance coverage also determines, including your own "under insured motorist" coverage.... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... Read more »

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

It could be difficult to offer an "average settlement amount." There are too many variables involved. Liability appears to be clear-cut, based on your description. That makes things easier. Now it will be a matter of reviewing the medical records in detail. Those findings, and the impact... Read more »

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1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How much can I ask for after only 2 years of marriage to relocate. I have no money.

After 2 years of marriage, my husband wants a divorce. I have no money. Husband has about 300,000 in assets.

I want to make a small reasonable request so I can have money to rent me somewhere to live. I live in TN.

Anthony M. Avery
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answered on May 23, 2023

That short marriage does not give you an interest in his separate properties. Instead you should have your lawyer demand what you need to transition for the next five years, and not agree to an ID divorce until you get what you want. Without an agreement, he will have to prove grounds for the... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I and another person brought property together. We were together now we are apart. Both names are on the three propertie

How can we settle this without seeking an attorney, or with an attorney. But I want them to pay me and have my name removed from the properties list. We started a business together. I want out. What would be the best process to do?

Bennett James Wills
Bennett James Wills
answered on May 23, 2023

Depends on how the properties are held. If the properties are purchased with a business entity, you may need to dissolve the business and liquidate assets. If the properties are just held jointly, then you may need to file an action to partition (sell) the properties. You can certainly try to reach... Read more »

1 Answer | Asked in Stockbroker Fraud for Tennessee on
Q: How do you sue this company, Pan Chain Inc through Stockwhits to get back investment funds $13558 and profit $49555?

I invested into this scam between 07/2022 and 04/2023 and they refuse to return my initial investment funds of $13558. I was advised to pay $2000 for a withdrawal certificate to make a withdrawal then when it tried to withdraw my funds, I was told I had to pay more money to withdraw my funds. No... Read more »

Anthony M. Avery
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answered on May 22, 2023

You need an attorney to examine whatever contract, checks, wire transfers, statements, or other documents exist and see what you may be able to do. Jurisdiction may be a serious problem, requiring an attorney to file a Federal or State Suit in a faraway place. It appears that you do not... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a debt be validated after wages have been garnished?

I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?

Anthony M. Avery
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answered on May 18, 2023

You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... Read more »

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on May 14, 2023

This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... Read more »

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2 Answers | Asked in Family Law, Estate Planning and Probate for Tennessee on
Q: Is my mother or are my two brothers and I entitled to part of insurance money if deceased father was a co-beneficiary?.

My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »

Anthony M. Avery
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answered on May 12, 2023

Insurance Carrier is not required to notify anyone. If Father's Will was probated, then the Mother should have received 1/3 as beneficiary of the Estate of one of the designated beneficiaries. She needs to file a claim with the insurance co., which I suggest be done by an attorney. If no... Read more »

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2 Answers | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Tennessee on
Q: Can someone be arrested on a bench warrant if they were incarcerated already on their court date?

So, someone I know got a speeding violation back in 2021 that required a court appearance. However, shortly after receiving the violation, they were incarcerated and put in prison for two years. Because of this, they were unable to attend their court date. Now, the day they were supposed to be... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

I agree with attorney Avery. Part of hiring an attorney would be for the attorney to get the client's outstanding bench warrant resolved so that the holds on the defendant are lifted-----whether this means getting the defendant transferred to that court to answer the bench warrant or perhaps... Read more »

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1 Answer | Asked in Employment Law for Tennessee on
Q: I was awarded judgment in a case in Chattanooga TN but it needs to be moved to Wisconsin courts who do I contact

Company has not offered to pay and lawyer has not offered to collect. It’s my wages for 1 year

Anthony M. Avery
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answered on May 3, 2023

If you have a money Judgment from a TN Court which is final on appeal , then hire a TN collection attorney to collect. It will not be easy unless you can garnish a local Hamilton Co. Bank Account. You may need a WI collection attorney to register the judgment then garnish/execute. It may take... Read more »

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