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Questions Answered by Kimberly K. Schreiber
1 Answer | Asked in Family Law for Tennessee on
Q: What rights do a dad have?

My son's wife moved to Indiana with his son, without his permission. He hasn't seen his son in 2 years. Saturday she was suppose to meet us in Louisville, so we could have him for a week. We waited on her for 3 hours before she told us she wasn't coming. They are still married,... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

Yes, your son absolutely has rights! Does he want to stay married? If not, he should file for divorce and get a Parenting Plan on file with the court. The parenting plan will spell out all of his rights and give him options if she violates them. I'm sorry to hear your family is going... View More

1 Answer | Asked in Family Law for Tennessee on
Q: I left my husband recently and he is threatening to have me arrested because i wont give him his ring back.

I dont want the ring, but i am having to use it as leverage so he will give me my things..... the ring is a family heirloom, but it is still my engagement/wedding ring..... legally, is the ring mine? or can he have me arrested?

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

If you were only engaged, you would have to give the ring back. You are getting ready to to start what sounds like a very contested divorce! The division of assets (including the ring) will be handled by your attorney in your Marital Dissolution Agreement. You can discuss the ring at your... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: I have been a Metro employee 20+yrs /40hrs/wk. They may change me to 36hrs.Dept went 36hr yrs ago. Can they do this?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

An attorney may be able to help you if and when they cut your hours. Have you signed an employment contract? Are you in a protected class? Why were you the only person that was still getting 40 hours if the rest of the department was changed to 36? Those are just a few of the questions an... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: I currently have a vehicle lien. I can no longer afford paymetn and I am approximatly 5 months behind on payments.

I tried to surrender the vehicle, gave them they key. Was given the key back and told they would not accept the surrender because the managing loan agent had gone out on a limb for me to get the loan. Was told if there was not a payment the following monday(3days) later, they would come pick up the... View More

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

What happened? Did they repossess your vehicle? If not, you may have some options for keeping the vehicle or reducing the amount you owe. If you are having financial issues, you could file for bankruptcy.

1 Answer | Asked in Consumer Law for Tennessee on
Q: If a contract has a "not subject to cancellation" is there any way to cancel the contract?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

Depending on how the contract was written, you may have rights to cancel it. There are all sorts of consumer protection laws for different industries in Tennessee. Today, many contracts are pulled off the internet and not written by attorneys. I would need more information about the type of... View More

1 Answer | Asked in Consumer Law for Tennessee on
Q: Traveling from fl. to il. we stayed 1 night at a country inn and suite suite in tn. we left at 8am next day. had paid by

Visa debit card. arrived home next day,and they chargd.us rm.$75 plus $300,said we stold tv & sheets. we did't do it. what is our legal recourse? maid came to room an hr. after we left. this has been a nightmare.

Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

Have you disputed the charge on your card? Your card has a dispute department than can look into the charge. Be sure to let them know a portion of the charge is valid. They will usually send you a form to dispute the charge in writing. If they are not able to resolve it, a good attorney may be... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Why am I being asked to sign a receipt and distribution statement prior to final distribution of estate being made>
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

The court needs to determine whether or not everyone named in the will has received their share before the estate can be closed. This is normally done by collecting signed statements from the heirs. If you think there is a compelling reason to refuse to sign you should consult an attorney to... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: How can a holographic will wrote in Maryland declared non-existent, be entered into probate in Tennessee?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

The laws for the validity of a will are different in every state. Although Maryland does not accept holographic wills, Tennessee may, under certain conditions. If you think the will is fraudulent or invalid you should hire a Tennessee attorney that knows the laws in this state. They can work... View More

1 Answer | Asked in Uncategorized for Tennessee on
Q: Should someone get a lawyer if they have been served with an order of protection in TN?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

An Order of Protection is a serious legal matter. If it is granted it has lasting effects on your legal rights, such as your ability to keep a firearm in your home. It's always prudent to have an attorney when your rights are at stake. Attorneys are great advocates and know the court... View More

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is it illegal to have blue underbody lights on a car that arent flashing.
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 29, 2012

Under Tn Code Annotated 55-9-414, the is a prohibition against blue FLASHING lights. This is not the case with your light.

In TCA 55-9-409

(a) Any member of the highway patrol having reasonable ground to believe that any headlamp or auxiliary driving or fog lamp or any device subject...
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