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Tennessee Questions & Answers
1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I was served a summons for a lawsuit by a landlord. Do i need to file an answer?

I was served an affidavit of indebtedness and a summons. I am to appear in general sessions court. The affiant being the landlord. It's not a collection agency. If I do need to file and answer is there a resource or template available to assist?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 20, 2023

What Court is it in? If Sessions, then a Sworn Denial should be filed. If Circuit or Chancery, then an Answer is required within 30 days, and possibly also a Sworn Denial. If the latter then each allegation of the Complaint must be addressed. Since you are being sued for breach of contract,... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I just learned that I have a warrant out for my arrest for burglary, but I have not committed a crime or crimes.

How is this possible and how do I fight this?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 19, 2023

You can hire an attorney to look into it. But usually you cannot find out anything until the AW (or Indictment) is executed on the body, as in an arrest. Sometimes a turnin at Court off the Docket is made with an immediate request for a low Bond being made. If you are not in TN, that is... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My husband and I are both on second marriages with children. We are buying famliy(mine) land from my parents and I want

to know if there is a way to ensure that my stepchildren can not ever inherit the land that I intend to leave to my children as it has been in our family for several generations.

Nina Whitehurst
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Nina Whitehurst
answered on Apr 18, 2023

One way to accomplish this is to place the land in a trust during your lifetime. The trust can then be structured to continue after you pass in favor or your children and then your children's children, etc. Or you could place the land in a limited liability company that itself contains... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on
Q: How can the officer add deadly weapon to my reckless endangerment charge after my paperwork States reckless endangerment

They added it after I bonded out of jail.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 12, 2023

That was probably at General Sessions Court initially. LEO swearing out AWs can easily ask Judge to amend it or issue more AWs. It becomes a more formal process when Grand Jury Indictments are returned. Any defenses need to be brought up at the Preliminary Hearing on the Warrants.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: What should I do if a chunk of my land is being used for farming?

I have an acre in a rural area and I've lived there for about 4 years. I just now got my property surveyed and discovered my property goes back farther than I realized. I have farm land all around me and it seems like part of my land has been incorporated into the land behind me thats used for... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 12, 2023

You and your predecessors in title have probably acquiesced to a new boundary between the adjacent tracts. Apparently you did not get a survey prior to the deed execution. If the boundary is ascertainable on the ground, you have probably lost regardless what your legal description says. But... Read more »

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3 Answers | Asked in Immigration Law for Tennessee on
Q: Is it legal to rent to illegal immigrants in Nashville tn.I know they tried to ban it once.

An can a landlord refuse them without any backlash legally?

Gunda Yohanna Brost
Gunda Yohanna Brost
answered on Apr 12, 2023

No person is illegal, their actions may be or have been. In the case of so-called "illegal immigrants," this action may be a one-time decision decades ago by someone in their family to cross a border, often bringing someone with them as a child when that child had no control over this. By... Read more »

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1 Answer | Asked in Small Claims for Tennessee on
Q: I have a question about and affidavit of debt i received with a court summons

It's for a debt collection for a rental property we have to leave. It's the amount for the remainder of the contract.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 11, 2023

Apparently you signed a lease contract and losing possession. You are being sued in General Sessions for the rent monies under a sworn account. If you dispute the amount, you will need to file a written and sworn denial with the Court. If you do not contest it, a judgment for rent, costs and... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Tennessee on
Q: If you have a warrant against you for domestic violence but the police don't serve it what recourse do you have
Anthony M. Avery
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Anthony M. Avery
answered on Apr 11, 2023

How do you know an Arrest Warrant has been issued? It may take awhile for LEOs to execute it. Try to stay out of trouble, especially traffic stops. Do not talk about it. Might be time for a new phone number. Have money available for bail and pick out a lawyer to represent you for... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: How to fill out a small estate affidavit for a parent involved in litigation at the time of their death?

My father passed a short while ago. In roughly June of last year, he was involved in a vehicle crash at work and was going through the process (rehab, etc.) of settling the lawsuit. Per his lawyer, I would need to open a small estate to settle his case, and he would make a demand once the estate is... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 10, 2023

You should be able to file the Small Estate Affidavit in Chancery or Probate yourself, but if unsure hire an attorney. Bank Accounts and Car are assets. Cause of Action is also an asset, which you should estimate value. Affidavit is for Personal Property under

$ 50K. Some Courts...
Read more »

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

Stephen E. Zweig
Stephen E. Zweig
answered on Apr 9, 2023

I'm going to assume that you are the inventor and that we are talking about US patent applications.

It is common for patents to be rejected on the First Examination Report (FER). The USPTO assumes that if you still want to get the invention, you will respond to the report (office...
Read more »

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Tennessee on
Q: hello i am looking for patent support

if the patent has not passed on FER then what shall we do with that patent published , who is having rights?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

If a patent application has not yet passed the FER (First Examination Report) stage, then it is still pending and has not been granted as a patent. During this stage, the patent examiner reviews the application to determine if it meets the requirements for patentability.

Until the patent is...
Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: So can the DA reneg on dismissing charges because she had a bad day and didn't like my blunt and honest attitude?
Anthony M. Avery
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Anthony M. Avery
answered on Apr 6, 2023

DA's have absolute discretion to prosecute or not. They are immune from liability. Their only restrictions are the law, Court Rules, procedural rules and attorney ethics. Exculpatory Evidence must be produced when requested. Their promises are not enforceable contracts, and they can... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My mother has given me living rights to her property and my brother the remainderman rights.

Do I have to occupy the property to keep my living rights? There are also 2 houses on the property. I live in one and my brother lives in the other one. Do I have living rights to both houses and control as to which one of us lives in which house? Or can the remainderman be asked to move off the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 6, 2023

The precise terms of the Estate must be examined, and it makes a difference whether it was a Deed or Will Devise. Assuming a simple LE/REM Deed, the life tenant is in control but can be sued for waste or a fraudulent conveyance. Remainderman vests in possession at your death, but has no... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Paid attorney in advance. She left the firm, did not complete the work . What to do now?

She left the firm and she did not notify me nor did The firm. It was for power of attorney, durable power of attorney, medical power of attorney , financial power of attorney ,living will and a will . She was still working on this when she left the firm and all the paperwork has not been completed.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 6, 2023

You can file a Board Complaint with the TN Board of Professional Responsibility

against her License. But I would go in person to the Firm first and demand the paid for services be completed, or ask for your money and file. Do not get in an argument. Executing that many instruments at...
Read more »

1 Answer | Asked in Civil Litigation, Criminal Law and Identity Theft for Tennessee on
Q: Someone forged my signature on my title and got it registered. They had the law show up and get my car who do I contact
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 5, 2023

How did someone get your Title? Apparently they convinced LEO's they owned the car, and may have filed an Action To Recover Property, where you should have been served.

But Forgery is usually a Felony, so you may be able to get law enforcement involved. If no Forgery of your name,...
Read more »

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I’m in the state of Tennessee and I live in a small town am I able to file bankruptcy in a different county.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 5, 2023

Counties are state-created political subdivisions, and have little bearing upon federal (bankruptcy) venue and jurisdiction.

The Feds divide the country, and each state, into "US Districts".

You can file for bankruptcy relief in your District. You can google the District...
Read more »

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1 Answer | Asked in Tax Law, Estate Planning and Real Estate Law for Tennessee on
Q: If I was left a house in a quit claim deed, does the house count as inherited? How does it affect capital gains taxes?

My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 4, 2023

That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Do we need two separate demand letters ?

Sister and I were rear ended at a high rate of speed. She was my passenger. We were both injured and had medical treatment. We have decided to fire our lawyer due to lack of communication. We have also decided to negotiate with the insurance company ourselves. With that being said , do we need to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2023

Those are two different causes of actions, so two different demand letters, by the respective claimants only, would be better. But you definitely need an attorney. There are tons of PI lawyers, but on a rear ender with good liability, any decent lawyer should be able to handle it. Damages are... Read more »

1 Answer | Asked in Divorce, Family Law and Legal Malpractice for Tennessee on
Q: I want to know if I can sue my divorce attorney for all or part of the money I paid him because he did nothing for me.

I paid a divorce attorney in February 2022 to get a divorce, it went on for 11 months because my wife could not be found and, therefore was never served with papers. We made 1 court appearance and that was to get permission to run an add in the local paper. Soon thereafter, my attorney quit,... Read more »

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

I assume the $1,000 does not include your filing fees, service fee, publication fee, or the ad litem’s fee.

Even then, $1,000 is awfully skinny to start a divorce case particularly if the attorney knew in advance you didn’t know where your wife is.

While you can sue, you might...
Read more »

1 Answer | Asked in Car Accidents and Employment Law for Tennessee on
Q: Is my valeting car employer able to track me down to pay for damages?

I used to valet cars for work and I had a mishap that caused 6k in damages. I no longer work there but it states I am liable for half the cost of the damages, but it states it will be reduced from the paycheck. Are they able to track me down and make me pay when I no longer work there?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 29, 2023

If they sue you and get a judgment for money, then they may try to collect from you. Generally a Judgment is good for 10 years but might be extended in a few ways. As your present employer they can deduct from your salary in various ways. If sued, hire a TN attorney to defend you and possibly... Read more »

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