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Tennessee Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a sub contracted cleaning company get a mechanic lien on property in Tennessee with no contract

The sub contracted cleaners that was hired on by the general contractor is threatening to put a lien on my property states the GC didn’t pay they were hired by the GC as a basic employee so there was no contract for certain properties they just helped when needed for nightly rentals

Anthony M. Avery
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answered on May 25, 2023

It is indeed possible. Demand the GC take care of their employees and contractors. Or you sue the GC for indemnification and possible breach of contract. The possible lien will probably be paid by the owner. Owner can also be sued for quantum meruit.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a company add 15000 in prejudgment interest on a charged off account for repossession? The original balance was 9000

The bank that had the loan closed. When i had the car in 2002 the company said they would have me arrested so I let them get the car. I was sued in 2017 and now I owe 23000. The have garnished my wages

Anthony M. Avery
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answered on May 18, 2023

Should have hired an attorney to examine the Statute of Limitations. Too late now. Bankruptcy or asset protection may be your only defenses. Consult with an attorney that knows asset protection and exemptions, or BR

1 Answer | Asked in Uncategorized for Tennessee on
Q: TN-- My driver's license was unjustly suspended after I did what I was asked to do. What can I do?

I was pulled over for speeding & didn't have a hard copy of my insurance on me. The cop didn't want to wait for me to pull it up on my phone. So he issued the ticket for speeding & no insurance. I ended up paying the ticket & submitting proof that I had insurance during that... View More

Anthony M. Avery
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answered on May 2, 2023

You made the mistake of not carrying the insurance card, as the LEO needs a hard copy to take back to the cruiser and check you out. Then you paid the Citation instead of going to Court, which is pleading guilty. Now you will have to satisfy DOS to get your TNDL.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I am searching form notice of hearing for Benton county tn .I have filed summons in chancery court in Benton county Tenn

Essee for failing to pay court ordered alimony. Can't afford lawyer need notice of hearing form to notify defendant of court date

Anthony M. Avery
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answered on Apr 3, 2023

Hire an attorney. His fees can be part of the Judgment in that kind of case.

1 Answer | Asked in Uncategorized for Tennessee on
Q: is an sbr still a prohibited weapon in Tennessee?

???

Anthony M. Avery
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answered on Mar 13, 2023

If it is properly registered and transferred under the NFA, then it has always been legal. Any noncompliance with NFA renders it illegal.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can the bank garnish my account $700 for a judgment against me from October 2015 from my $1800 child support deposit?
Anthony M. Avery
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answered on Mar 10, 2023

Yes, and it will happen again. You might hire an attorney to provide the creditor with a Notice of Exempt Property.

1 Answer | Asked in Uncategorized for Tennessee on
Q: 2010 Tennessee Code Title 31 - Descent & Distribution Chapter 2 - Intestate Succession 31-2-104 - Share of surviving

I would like to know what this means in lamens terms?

Anthony M. Avery
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answered on Mar 2, 2023

If you have a question about heirship, then consult with a competent attorney. TN Succession is close to all other States'. Determining heirship may be simple or extremely difficult, sometimes impossible.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a k9 from Ga be called to TN to do a search legally
Anthony M. Avery
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answered on Jan 20, 2023

Yes. Dog is not an officer with jurisdictional requirements.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a judiciary, prosecutor or plaintiff drop charges if the defendant demands to be prosecuted? TN
Anthony M. Avery
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answered on Aug 23, 2022

TN DAs have complete discretion to nolle prosecui. Later you might sue for a civil rights violation in Federal Court, if warranted.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I allowed my girlfriend to move into my home which I own. I want her to move out and she refuses to leave until I file

With the courts there is no lease she was just my girlfriend who I want to sever ties with

Anthony M. Avery
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answered on Aug 5, 2022

File a Detainer Warrant in Sessions Court for possession only. Do not get in a fight with her, or she will have leverage.

1 Answer | Asked in Uncategorized for Tennessee on
Q: My sons girlfriend just disposed of appx $3000 with of my furniture that was in the house

He moved out in April and her reasoning was it was abandoned since he had an OP and had to leave. This furniture did not belong to him and she knew. Had tried to retrieve it back in Mid April with no luck. What is my next move?

Anthony M. Avery
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answered on Jul 18, 2022

File an action in General Sessions Court for Conversion, Action to Recover Personal Property. Hopefully you have service information for her.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In east Tennessee is it illegal to drive any vehicle type in streams, creeks or rivers?

By driving in these water ways it promotes more pollution, damages the ecosystem and destroys natural habitats and resources. The area in question is in Sevierville Tn, Cocke county Tn.

Anthony M. Avery
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answered on Jun 20, 2022

No. Some Parks may have specific vehicle restrictions, but they will not be limited to water crossings.

1 Answer | Asked in Uncategorized for Tennessee on
Q: We need help My wife and I had a video walk through from Florida for a new home in TN 3 weeks ago.

The property has changed since we viewed and made the offer. We do not want to take occupancy.

Bennett James Wills
Bennett James Wills
answered on Jun 17, 2022

Need more info. But you would have to look at the terms of your purchase and sale agreement to determine your rights. Consult with your agent, or better, consult with an attorney to review the facts of your situation and your documents to help guide you.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is sending a no trespass notice to someone certified mail to keep them off of your property legal in Tennessee.
Anthony M. Avery
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answered on Jun 13, 2022

It will have less legal effect than posting no trespassing signs, as it would notice 1 person, not the public.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Does separation mean divorce?

Does separation mean divorce

Anthony M. Avery
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answered on Jun 9, 2022

No, very different. Legal Separations and Divorces have different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How can a father give up his rights voluntary if the mother wants him to? Does someone have to adopt the child/children?

The mother wants him to give up his rights but we don't know how to go about doing it if he doesn't give them up then she is gonna continue to be a headache and threaten him with his kids because sometimes he can't see them on weekends due to working not having a sitter or because of being sick

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

You would file a petition to terminate parental rights and litigate the issues. Consult counsel to see if your situation would qualify.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is touching somebody while angry or mad considered assault?

I've seen many cases of someone getting arrested just for yelling or screaming and it was classified as domestic assault. I've also been arrested at a younger age for domestic violence and I barely even touch somebody with the tip of my finger. So I'm wondering if somebody touches me... View More

Bennett James Wills
Bennett James Wills
answered on Apr 20, 2022

Assault in Tennessee includes placing one in fear of imminent danger or physical contact.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I received a letter from a credit agency for 4 medical bills for different years.

Is there a statute of limitation on collecting money for medical bills?

Anthony M. Avery
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answered on Apr 15, 2022

Generally a 6 year SOL from a breach of contract to sue, unless otherwise agreed upon. Any payments started the SOL period again.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I take a life insurance policy out on myself and not tell my spouse?

I am married. I would like to take a life insurance policy out on myself without my spouse's knowledge making my son the primary and only Beneficiary. I do not want my spouse to have any knowledge of a life insurance policy. Would I have to tell my spouse?

Anthony M. Avery
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answered on Apr 3, 2022

No requirement to inform the spouse. But you will need to conceal the payment, notices, etc. So be careful of whatever mailing address is used. You will need another alternate beneficiary besides your Son, otherwise if he predeceases you, it would go to your Estate or Next Of Kin.

1 Answer | Asked in Uncategorized for Tennessee on
Q: My grandad passed and so has my dad but in the trust it says only on my name that it’s to go To the living issue. ???

So does that mean I’m not going to receive anything and my part will go to my daughter ?

Anthony M. Avery
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answered on Mar 21, 2022

You need a competent attorney to examine the Trust term. But it sounds like only your Issue will be the Beneficiary. If ambiguous, you may need to file suit to Construe the Trust, where the Trustee and other interested parties are the defendants.

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