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Questions Answered by Bennett James Wills
1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Child support unique situation. I intend to avoid knowing reprecussions.

Non-married, child. 12/15 breakup. Verbal agreement 50/50 sharing. I paid for 80%+ of food, toys, clothing, etc. Everything good. They popped another child out 10/16 and another one 10/17 with partner. Bad financial management led to them getting evicted, 03/18. Provided ex and children a roof over... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 22, 2020

If you are sued by your ex for child support and are properly served, and then you fail to respond, be it in Tenn. or Fla., you'll likely end up with some kind of default order against you. Which can lead to further issues. Best not to ignore lawsuits if one is filed--things usually just get worse.... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: employer not paying

i work a job where i make only commission, i get paid to pull snack items and only get paid to do that. the delivery drivers sometimes brings back all the items i pulled and im forced to put up the items without pay and it takes hours to put up. is it legal for them not to pay me for the work i do?

Bennett James Wills
Bennett James Wills answered on Jan 14, 2020

This may very well be illegal but more facts are necessary. An employer may not misclassify an employee as an independent contractor to dodge paying taxes, social security, and unemployment insurance. You should consider speaking with a local employment attorney to determine your options.

1 Answer | Asked in Business Law and Public Benefits for Tennessee on
Q: Would Sonic Drive-in be considered a place where the public congregates?

My local Sonic has no restroom for the public, and even denies access to their employee restrooms to their paying customers

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

They are not required to provide a public restroom, nor are they required to permit a private person to use an employee bathroom unless several conditions are met pursuant to TCA 68-15-303.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I live in Minnesota. Can I sue someone in Tennessee small claims court without appearing in person?

I had an income property in Gatlinburg Tennessee area, that was managed as a vacation rental by a mgmt company for many years. The mgmt company closed without notice and although I have sold the property, by their own paperwork and admission the management company still owes me for 2months of... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You would need to be prepared to appear in court. You could hire counsel to file the paperwork and appear for you. And in the event that the defendant fails to appear, you could obtain a default judgment. But if a plaintiff or plaintiff's attorney fails to appear the case would most likely be... Read more »

1 Answer | Asked in Civil Rights and Small Claims for Tennessee on
Q: What is here. She'll can I take ownership back of my puppy

My dog had puppies I gave one at to a neighbor they're not taking care of it can I legally take back ownership

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

If you gave it away it would no longer be yours to re-possess unless you have a written contract that would permit you to do so. For example, some animal shelters make the person adopting sign a contract that contains a clause stating that abuse or neglect of the animal would be grounds to take the... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: in the state of TN can I file a divorce pro se even if we don't agree on all matters?

We agree to get divorced but I want to start the process and have him served because he's unwilling to sign for an "agreed" divorce which in the state of TN requires BOTH parties to sign the initial complaint/petition for divorce before filing.

-we have no children

-not seeking... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

You can always proceed pro se. But you would be wise to hire counsel if your husband will not cooperate.

1 Answer | Asked in Landlord - Tenant for Maryland on
Q: How many failure to appears are landlords allowed in Baltimore City?

I need this question answered from a lawyer that knows landlord/tenant laws for Baltimore City. I am currently in the middle of a rent escrow proceedings and thus far the landlord has failed to appear for 3 hearings.

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

There's not a set number. You should just object to any further postponements and ask the judge for the relief you're seeking next time you appear in court.

1 Answer | Asked in Small Claims for Maryland on
Q: The debtor is paying me in installments for my $5k judgment. Judgment awarded Jul 22, payments started Nov 8.

Can I collect court cost & interest from the date of my judgment until the loan is paid off & what is the % amount in MD?

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Judgments carry 10% interest per annum by law. Shouldn't be any further court costs unless you need to keep filing garnishments or anything of the sort. However, if you came to some other payment agreement, the answer may be different.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I take my previous landlord to civil court?

My previous landlord has sent me to collections. I never was notified I owed anything or got to do a walkthrough and they changed my locks 2 weeks before my lease was up and kept all of my possessions. They have now sent me to collections for nearly $3,000. Can I take them to court over what they... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

Sure. You could file a counterclaim. Doesn't mean you'll win. You would be wise to consult with local counsel to determine your best course of action.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I was awarded a civil judgement for a case in Chancery Court in TN. I waited 45 days, the debtor didn't pay. I filed a

garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... Read more »

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1 Answer | Asked in Child Support for Tennessee on
Q: Can i be obligated to pay more than what my divorce papers say for child support?

My divorce papers quote a price to pay. I have verbally agreed in the past to pay my ex more money when i had a better paying job. I now dont have that job. Can she obligate me to pay that verbal price even though no paperwork was ever filed saying to pay that set price?

Bennett James Wills
Bennett James Wills answered on Jan 6, 2020

You only need to pay what the court orders.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: My fiance was charged for hit and run in September and has court the 9th what could happen he did a night in jail

Wasnt his fault his kids are witnesses

Bennett James Wills
Bennett James Wills answered on Jan 6, 2020

Facts are important. Many more are needed for an answer. But, since he's been charged with a crime he needs to hire counsel asap to determine his options.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can the passenger of a car be searched if the traffic stop is in his driveway.

They wouldn’t let my son come in the house. And he refused to be searched. They charged him with resisting arrest and possession of firearm.

Bennett James Wills
Bennett James Wills answered on Jan 6, 2020

A passenger can be searched if the criteria for a search is met such as the officer having probable cause the passenger is engaged in criminal activity. Other exceptions also exist. Facts matter. Since he was charged, he should hire counsel asap to determine his defenses, if any.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I bought a car from in individual she wanted $600.00 for it all I had was$400.00 she was waiting on title to come in

Soon as it did I would pay her the other$200.00 it came in and I don't have the$200.00 can she report car stolen and have me arrested?

Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

She could report the car stolen - but sounds like that would be a false report. It's a civil issue if you underpaid her or you otherwise had a different agreement. I'm doubtful the police would get involved.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Will a simple assault charge hold in court if the individual i “assaulted” participated in jumping me days prior?

I am 18 years old, I attend Douglass High School & I was jumped by a group of unknown individuals outside of my school for no known reason, my mother contacted the school to let it be known but the principal was on vacation so nothing was done about it, The following Monday I returned to school &... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

You should hire counsel asap. You may have a self-defense defense. But I wouldn't expect the state to just drop the charge.

1 Answer | Asked in Divorce for Tennessee on
Q: Can I have an uncontested divorce in Tn, if I have a personal 401k that I had before my marriage that has 2600 in it?
Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

Uncontested means your spouse won't care about the 401k or you have agreed on the property split. But if you had the 401k before marriage, it is not marital property by statute and your spouse wouldn't ordinarily have claim to it.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Are the landlord tenant laws in TN valid if there is not a signed lease agreement
Bennett James Wills
Bennett James Wills answered on Dec 16, 2019

Yes. One doesn't always need a signed lease, although it is helpful in most cases.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: No license, no insurance, they wrote me a ticket but didn’t arrest me that night just told me go to get everything fixed

It was a 2 car accident but it was on a tight road (backroad) the other drive told them we was both on our own side it wasn’t my fault or his either the road was just a narrow hill and neither of us could see over the hill. They told me go to court early and it may be dismissed but the sessions... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 13, 2019

Without knowing the exact charges it's hard to give you an answer. Best option would be to consult an attorney. If it's your first offense, even if the charges carry jail time, it's not likely you'll be sentenced to jail on a finding of guilt or a plea. But again, without knowing anything about the... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: What can I do about someone who calls my work multiple times a week knowing I don't want to speak to him?

This is a man who is obsessed with my girlfriend and has done awful things such as leaving an anonymous voicemail to our landlord trying to get us evicted. etc. He calls asks for me, and doesn't leave a name. It happens at least once a week. He was warned by his job not to meddle in our lives and... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 13, 2019

If you know who this person is, you could file for an order of protection. He may also be violating criminal laws so a call to the local DA's office may be an option as well.

2 Answers | Asked in Personal Injury and Products Liability for Maryland on
Q: I went to a business at my local mall and got lashes done, my eyes are now infected and swollen.

I went to my local mall to get lashes extensions, they glue burned and infected my eyes and face, I told the technician that it was burning really bad when she applied it but she said that was normal, the next day my eyes was still hurting I called and if she could remove them because I couldn't... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

Contact a local personal injury attorney to evaluate your options.

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