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Tennessee Questions & Answers
1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Can police show up at your house and say because your on comm correc. That you have no rights and they search home
Anthony M. Avery
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Anthony M. Avery
answered on Jun 21, 2022

Yes...You are on Probation so you have to abide by the Probation terms. Any violation can mean you could be incarcerated for the remainder of the Sentence. There should be some kind of Probation Order in your file at Court. Read it.

1 Answer | Asked in Estate Planning for Tennessee on
Q: I am marrying on 7/7. If I put assets I want to protect in a revocable living trust before I marry, will this suffice?

We were gonna do a prenup but we did not realize it was so complicated. All I need to do is protect some assets(i.e. inheritance, brokerage accounts, etc.) from my future wife's creditors, lawyers, or a judge in the unlikely event of a divorce. We have cohabited for 12 years and all our... Read more »

Bennett James Wills
Bennett James Wills
answered on Jun 21, 2022

Assets in your name acquired before marriage are not marital property by statute. Those items cannot be garnished just by way of marriage; a judgment of any type would need to be against you for a creditor to garnish/levy the asset. If you have significant pre-marital assets, you would be wise to... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I earn paid time off for each hour I work. Is the company required to pay out my PTO after I quit. Gave 2 week notice.

Company policy is PTO is forfeited.

Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

If the company policy is that PTO is forfeited, then unfortunately you will lose your PTO.

Tennessee Wage Regulation Act, Tenn. Code Ann. 50-2-103(a)(3), provides:

… The final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory...
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2 Answers | Asked in Car Accidents for Tennessee on
Q: I hit someone in the rear because he slammed on his brakes. The driver of the car I hit was wasted drunk. Still my fault
Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

Yes, it could potentially still be your fault because you are required when operating a motor vehicle to maintain control of your vehicle. In the situation you described you should have left enough room in between your vehicle and the vehicle in front of you to allow yourself ample time to stop.... Read more »

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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
PREMIUM
Anthony M. Avery
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 Criminal Law for Tennessee on
Q: How is it possible that an individual can be charged with aggravated assault based off the word of another civilian ?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 20, 2022

Happens all the time. Hire a competent attorney and prepare for a thorough Preliminary Hearing.

3 Answers | Asked in Criminal Law for Tennessee on
Q: Can the TDOC change a concurrent sentence to a consecutive sentence in seperate drug charges?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 20, 2022

You probably need to look at all the current Judgments of Convictions, that is where the Sentences have not yet been served. It can be very confusing, and often mistakes are made how to compute effective Sentences. You need an attorney to do this, although each Prison has someone who computes... Read more »

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3 Answers | Asked in Car Accidents for Tennessee on
Q: I was a passenger in a car accident was injured what do I do I’ve never been involved in a wreck

My friend was driving when a car struck my side all airbags deployed in her 2022 Denali and it was totalled I’m confused of what to do I was hurt still am happened two days ago

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 17, 2022

You should probably call a lawyer specializing in car injuries. Ask your friends for a referral. I am sure at least some of them have been in car accidents and can recommend a good lawyer or two. Many injury lawyers will be happy to discuss your options and will give you an initial consultation for... Read more »

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1 Answer | Asked in Domestic Violence for Tennessee on
Q: If my husband is arrested an charged twice wth domestic assault on me is he automatically ordered to stay away or do i h
Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2022

Usually a Bond Condition will prohibit interaction with the alleged victim.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: If someone poured a drink on my car on state property and there's no damage just sticky. Is there a case? A felony? Etc?
Anthony M. Avery
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Anthony M. Avery
answered on Jun 17, 2022

Possible misdemeanor vandalism or littering. But it would not be worth the trouble of being a witness/victim in Court.

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 DUI / DWI for Tennessee on
Q: If some one is charges with dui 3 and vehicle assault how long they stay in jail

Will have served over 60 days by court day

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 16, 2022

Mandatory Minimum of 120 days, and up.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: i got a reckless driving ticket in the state of tennessee back in oct 2019. Was supose to appear in court in blount Co.

missed court in march 2020 around beginning of covid. Also i live in central Indiana. Recently called their courthouse, they said i would have to appear in front of judge before i was able to get my liscence reinstated. what am i facing when i go there? Also the offense was for riding a wheelie on... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 16, 2022

Hire a competent attorney to turn you in to the Court when you are not on the Docket. The Judge may arrest you, set Bond, or you might dispose of it all at once. You will need cash that day. Once it is paid in full, take that Receipt back to IN DMV, etc.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on
Q: How do I submit my dismissal of charges for lack of evidence when I don’t know the form format?

Charges Felony C Especially Aggravated Stalking with a dashcam. Only went down street twice, don’t want them to just drop charges, I want them dismissed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 16, 2022

Hire a competent attorney. You will not be able to represent yourself effectively for such Felony charges.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Tennessee on
Q: My oldest daughter, her boyfriend and my younger daughters car was searched upon entry to a festival in manchester, TN.

several small stashes of marijuana were found. My oldest received a simple possession charge. She does not partake in marijuana. If I took a negative hair follicle drug test to court and questioned the fact that the car is not hers, would the charge possibly be dropped?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 15, 2022

Daughter needs a competent attorney now to prepare for a Preliminary Hearing. The hair test would be heresay without expert testimony, but is something to tell the DA. She does not want a drug conviction on her record. It sounds like a consent search also.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Contracts and Criminal Law for Tennessee on
Q: OK a friend willingly put a car in his name for me but a month later reported it stolen cause I wouldn't move in wit me

the car was supposed to be in both of our name but when I got arrested I realized the car lot only put it in his name, I was arrested and was put in jail for 3 days, I put the money dwn on the car and was paying the car note.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

What is your question? Hire a competent attorney now, because you are probably charged with a Felony and facing incarceration. Prepare for a vigorous Preliminary Hearing without fail.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Can I have my gun rights restored after a domestic assault in 2020?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

If a Conviction, no. You should have known this prior to pleading to a crime worse than many Felonies. But check your final disposition on the Warrant/Judgment. Consult with a competent attorney, not like the one you had, and find out about legal weapons.

1 Answer | Asked in Civil Rights for Tennessee on
Q: You can a store accuses me of stealing can they look in my purse's if a cop is not there with us
Courtney Cotter
Courtney Cotter
answered on Jun 13, 2022

Under the shopkeeper's doctrine, the shopkeeper is given a privilege that states that in this situation, a shopkeeper defendant who reasonably believes that the plaintiff has stolen or is attempting to steal something from the defendant shopkeeper may detain the plaintiff in a reasonable... Read more »

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