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Tennessee Questions & Answers
1 Answer | Asked in Child Custody for Tennessee on
Q: I got arrested and child svcs gave temporary custody to his great aunt..we have court next week..will I get him back
Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 22, 2021

You do not provide enough information for anyone on this forum to answer this question. Presumably child services was called because that was the closet relative placement and the fact of your arrest did not allow you to care for your son. If you are out of jail then you might get him back but... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Does it matter who signs the divorce papers first the plaintiff or the defendant?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Not sure of your question. Usually the plaintiff signs the Complaint which is filed, then served on the defendant. In an Irreconcilable Differences Divorce, noone is getting a divorce until all agree and the Judge grants it.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I legally withhold rent to landlord after he has failed to make health violating repairs.

The landlord was notified over 60 days ago and is threatening eviction although repairs have yet to be made.

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

No, that would be a breach of your Lease Contract. You probably need to look for another place to live because ultimately you will lose possession.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Are text messages acceptable in court between landlord and tenant
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

If the Party is the sender or receiver, that evidence can be admitted. He must authenticate the transmissions.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can the police take my gun for a domestic if it’s in my name and was not used to harm or scare alleged victim

My fiancé got physical with me and threatened to kill me so I call the police when they arrived we were outside and my firearm was in the house de cocked and unloaded she asked to see the fire arm then took it claiming it was for safekeeping then I was arrested on a domestic charge and I was the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Yes... You need a competent attorney immediately. That Charge is worse than some Felonies. If this does not go right, you will have a permanent Firearm Disability.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is it illegal to drive the posted speed limit while passing on a multi lane highway if a faster driver wants the lane?

I have encountered people who maintain that driving the speed limit in the left lane is illegal because it doesn't permit them to drive 15 mph over the limit.

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 19, 2021

No, it is not illegal.

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Tennessee on
Q: So I am a tannate at a local apartment complex and we are getting fined and asked to take down patriotic flags. Thought?

Can they do this? this is the terms of the lease

"1. No signs, notices or advertisements shall be attached to or displayed by Lessee(s) on or about said premises.

2. Nothing shall be placed or kept on the outer sill or on the outside of any window and nothing shall be thrown... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

File a protest, and also notify the press, the American legion and the Tennessee Civil Liberties Union.

If enough press is thrown on this, could make them back down.

Note however patriotic would be the American Flag. Signs promoting one candidate or belittling another are not in...
Read more »

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Does a lawyer need to be involved in divorce if one of the parties has a 401k? Both parties agree on who will keep it.

The party without the 401k does not want any of it. In leu of dividing it, I took on more debt and he received more physical items such as furniture, etc.

I see that the online forms available state they cannot be used if a party has a retirement account; however, I also have been told that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

If the party without the 401K wants any part of it, a very good lawyer will be required even if there is an agreement. QDRO's are very stringent and few attorneys (and Judges) know anything about them. Knowingly giving up a marital interest in property is a serious thing.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: How does this Tennessee code 40-39-211 pertains to when it talks about minor offend

This code 40-39-211 mentions whose victim or victims of offender was a minor

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

What is your question?

2 Answers | Asked in Divorce and Immigration Law for Tennessee on
Q: Can a sponsor to the United States take advantage of an immigrant?

Yes, I am a 30 year old man who has been married to a 65 year old woman who is a very successful financial advisor for around 2 years now. On March 20th of this year, I immigrated to the United States. She is also my sponsor to the United States. As I arrived in Utah, United States where she is... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Jun 16, 2021

It's a little difficult to answer your question, because there is a lot of information that is missing. I am assuming that you have a two year conditional green card. I don't know if you are divorced yet. If so, you may be able to petition to keep your green card.

I would...
Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: How would one go about making an attempt to change a law??

I'm curious about changing an age of consent law in TN.

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

Run for the Legislature. I doubt any Senator or Representative is willing to sponsor your proposed Bill.

2 Answers | Asked in Estate Planning for Tennessee on
Q: Father died with a will. Who gets his personal assets?

Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

If the Will is not probated, it has no effect. And the purported Will probably does address both real and personal property. Without the Will being probated, the Heirs At Law own the real property and the Next of Kin (same as heirs) own the personal property. With no Will, the Heirs are all... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Am I entitled to receive copies of an video audio or pictures that are being used against me that my lawyer showed me
Bennett James Wills
Bennett James Wills answered on Jun 15, 2021

Unless there is a protective order in place your lawyer should provide you a copy.

1 Answer | Asked in Uncategorized for Tennessee on
Q: If sentenced to 15 years at 30% for felony, when released are you on parole for remainder up to 15 years?
Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

Generally speaking, yes. But 30 % refers to when you are eligible for your first Parole

Board Hearing, which you may or may not be successful at. Many Prisoners go at least to two Parole Boards prior to being released. Remember Parole is not easy either. You will want to closely...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Tennessee on
Q: I’m 17 I live in the state of Tennessee. If I moved in with my boyfriend and go to school would I get in trouble or not?
Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

The boyfriend can be prosecuted for Statutory Rape.

1 Answer | Asked in Elder Law and Health Care Law for Tennessee on
Q: We own our home. How can we make sure the state cannot take our home if we should need long term care? Income is ss
Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

There is no perfect way to protect assets, but the sooner the better. Consult with a competent attorney about risks and Deed options.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got was given a ticket for speeding, going 74mph in a 45mph work zone. What should I do?

The officer who pulled me over didn't state on the ticket that it was reckless, but I'm afraid I'll be charged as such. This is my first ticket ever but I'm afraid I'll be subject to jail time. Is hiring an attorney my best bet?

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

Apparently you handled yourself well when the stop occurred. The Citation can be amended, but I doubt it will be anything worse than the 29 MPH over. That Violation will add 5 points to your MVR, so you must be careful for the next year. An attorney might help, especially as nervous as you... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How to evict on contract for dead. Buyer did not pay taxes, didn't make payments on time and is now deceased

Cumberland county Tennessee is the location. Seller resides in FL

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: This question is about TN probate ....will waiting a year before filling for probate stop debit collectors
Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

Yes and no. Waiting a year will have minimal to no impact on secured creditors. They can always foreclose on their collateral even after a year has passed from date of death.

Also, the one year statute of limitations does not apply to Tenncare and most other government...
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