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?
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 »
How is this possible and how do I fight this?
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 »
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.
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 »
They added it after I bonded out of jail.
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.
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 »
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 »
An can a landlord refuse them without any backlash legally?
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 »
It's for a debt collection for a rental property we have to leave. It's the amount for the remainder of the contract.
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 »
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 »
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 »
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 »
if the patent has not passed on FER then what shall we do with that patent published , who is having rights?
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 »
if the patent has not passed on FER then what shall we do with that patent published , who is having rights?
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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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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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