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Tennessee Questions & Answers
1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: Who would be in violation if an unleashed dog runs up to a leashed dog and the leashed dog attacks unleashed dog?

The leashed dog was in front of its home and unleashed dog ran to it.

Juliet Piccone
Juliet Piccone answered on May 19, 2022

The owner of the unleashed dog would be liable for dog at large and the owner of the leashed dog could be liable for dangerous dog with the potential defense of provocation.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Where is a Original copy of a Will stored within the government facility

Family property left to children

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

The Testator can ask the Clerk & Master of the Chancery Court to hold onto the original Will until it is needed by the Executor for Probate. However it is not required and is rarely utilized. Usually you have to search for the Will amongst the Decedent's belongings. A copy of a... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: If a report for domestic abuse was reported but charges were not pressed, than what happens to the offender?

And what happens to the report ? How long does it stay on file?

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

If no Arrest Warrant nor Indictment is issued, then no criminal charge is ever made. Incident Reports for the various LEO agencies may stay on file at the department forever. The Report is not a criminal charge itself. The alleged offender is never charged with an offense.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my wife have to be bought out of her portion of ownership of a house or can she be sued for her percentage?

My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Why doesn’t Walmart persecute shoplifters and if they don’t prosecute then what do they do?
Anthony M. Avery
Anthony M. Avery answered on May 19, 2022

Walmart's agents frequent witnesses in Sessions Court. Usually permanent trespass prohibitions are also ordered. You have been misinformed.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Does the state have to issue a new subpoena for each new court date

Case has been reset five times only one subpoena issued is this legal?

Cayley Turrin
Cayley Turrin answered on May 18, 2022

Depends on a variety of things but if it is requested it should be sent out each time.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My probation expiration date was today but PO said he had 10 days to file expiration order

What does expiration order mean? Am I off probation?

Cayley Turrin
Cayley Turrin answered on May 18, 2022

I believe an expiration order from what he means is a letter saying you are off probation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it not a conflict of interest that the judge and prosecutor of any given court are both employed by the same entity?

It is alleged that I, a United States citizen, have the right to a fair trial. How is it possible to have a fair trial when the judge and prosecutor work for the same entity? This is, by definition, a conflict of interest, correct? Due to the inability for the court to provide me a fair trial, how... Read more »

Cayley Turrin
Cayley Turrin answered on May 18, 2022

It is not a conflict of interest. They are also not working for the same entity and both have different governing bodies.

1 Answer | Asked in Military Law for Tennessee on
Q: i’m in the tennessee army national guard. i had a question about legal action on attending drill dates.

if i chose to stop attending my monthly drills, what legal action could ensue? i know since i’m not an active duty soldier it’s a state to state basis but am not able to find anything regarding the tennessee laws on the matter. thanks in advance!

Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

You can be arrested for AWOL and Theft Of Property, as well as receiving a bad Discharge.

1 Answer | Asked in Consumer Law and Civil Litigation for Tennessee on
Q: How do I get my car back in tennessee. Lienholder repossed it is harassing me for.money I do not owe.

He refuses to write me a receipt and continually threatening not allowing me to get personal property from vehicle.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

If the property is significant, file an Action to Recover Personal Property in Sessions. As to debt, it is up to him to sue you. I doubt FDCA applies here enough to file suit.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: how does one acquire abandoned real estate?
Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

Hire a very competent attorney to search the title. It sometimes clears the title to buy at a Tax Sale, but again you will need an attorney to draft a Deed. Determining Heirship might get you close to a purchase.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If a 17yr.old gets a speeding ticket and pays it do they still have to be at court
Anthony M. Avery
Anthony M. Avery answered on May 17, 2022

I do not recommend just paying it, which is a conviction. Go to Court in a respectful manner with enough cash to pay whatever the Judge orders. Some type of Diversion might occur, and it cannot get worse.

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 17, 2022

I'm not sure what you mean by "testing the business and the market." if you are going to have a business you should consider forming an LLC or a corporation to try to insulate from liability.

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2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Michael Ray Smith
Michael Ray Smith answered on May 17, 2022

I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.

I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small...
Read more »

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5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
Anthony M. Avery answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

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