Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bennett James Wills
1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was served a federal subpoena to appear in court 09/23/2022 as a witness in a criminal case. Is it liable?

I read that it must be given 5 days in advance?

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

You'd be wise to call the attorney that issued the subpoena and have a discussion about it.

1 Answer | Asked in Family Law for Tennessee on
Q: I need help regarding a parenting plan, a written agreement and a motion for contempt.

We have an active parenting plan, he is not following, we have a written agreement between us regarding my son’s marching band and cross country that he violated this past weekend, he kept our children past the drop off time and law enforcement refused to help, along with him speaking Ill of me... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Use the search function on this site to find a family law attorney near you for assistance.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What is the legality of a writ of score facias in Tn since federally it is unlawful or been done away with in federally

A writ of scire facias being done for an individual to be held without bail

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Legal under TCA 40-11-212

1 Answer | Asked in Federal Crimes for Tennessee on
Q: I was looking for the statute & code for the New Tennessee gun laws passed July 21st 2021.
Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Look at Tenn Code Ann Title 39, Ch. 17, Part 13

1 Answer | Asked in Contracts and Small Claims for Tennessee on
Q: I inherited a 33 year old Bass Boat. I sold it. now the guy wants his money back. what is my legal position

I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 20, 2022

Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Can a clients attorney present anything in court that considered “here say” or is that again the rules of the court?

Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to... Read more »

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.

1 Answer | Asked in Child Custody for Tennessee on
Q: If I have sole legal and physical custody and my ex is trying for joint legal and physical custody, will they award it?

I’ve had sole/physical custody for 10 years. My ex is asking for joint now. She abused him when he was an infant. He does well in my care. What are her chances?

Bennett James Wills
Bennett James Wills
answered on Sep 13, 2022

More facts are needed to make any such determination. Consult local counsel to review the filings and history of the case and the parties in order for you to get a proper answer.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I sue My daughter’s friend for wrecking my car? I’ve had a stroke, my insurance lapsed, she rear ended someone

Police report was not made as the girl says the much older other driver basically talked them out of calling. My car is messed up and the drivers dad says she’s not responsible. Am I out of luck?

Bennett James Wills
Bennett James Wills
answered on Sep 9, 2022

Sure. You could sue her for the property damage. Winning and collecting may be another issue. A lot more facts would be needed to assess your case. Consult a local attorney to determine your options.

1 Answer | Asked in Family Law for Tennessee on
Q: What type of POA do I need to get before spouse becomes completely unable to answer for themselves?

Person is getting dementia

Bennett James Wills
Bennett James Wills
answered on Sep 6, 2022

You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in a Condo. community what percentage of the units can be rental property?
Bennett James Wills
Bennett James Wills
answered on Aug 24, 2022

Start by checking the HOA bylaws.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I received my first ever traffic ticket for cell phone. Do I just show up on my court date or let them know before I go?

I received my first ever ticket for holding my cell while driving. I wasn’t talking or texting. I picked the phone up to show my daughter something and was pulled over. This happened the end of May and my court date is this week. So, my question is do I just show up on my court date or do I have... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 22, 2022

You should always appear if you have a court date or risk other consequences. You don't tender a plea before hand.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: How can you when. Appeal that take it back that. Ñot right
Bennett James Wills
Bennett James Wills
answered on Aug 22, 2022

You have 10 days to file an appeal from general sessions to circuit; or 30 days to file a notice of appeal from circuit/chancery/criminal to court of appeals after final judgment.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I had a seizure on my way home in Gallatin Tennessee they charged me with my third DUI they went back a total of 20yr.

Also got simple possession. I'm 52 and take care of my disabled brother what should I do

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.

1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: I have concerns about visitations resuming with NCP in TN.

I have had custody of 13y/o daughter since 2013, NCP recently relapsed and is back in rehab. I have questions about visitations now as she lost her home and states visits have to be at her parents again. However, visits at her parents are part of the reason our child ended up inpatient at... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

Consult with counsel. This seems to be a complicated situation that you may want to consider going to court over to modify the current plans.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does casual exchange mean an can I find out with who
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

TCA 39-17-418(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice...

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is a printed out will valid in tennessee as long as it's signed by the Testator and in the presence of two witnesses
Bennett James Wills
Bennett James Wills
answered on Aug 19, 2022

A last will and testament must be signed by the testator and two adult witnesses to be valid.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I made an offer in a house and had to back out, but there was never a mention of earnest money through any of this

I told the agent I had to withdraw my offer for financial reasons and she’s been telling me the sellers complaint has been making a big stink about it and said they were advising their client to speak to an attorney. Now today my agent is telling me no worries, it’s all good and sends me the... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 18, 2022

An attorney would need to review all of your documents to determine your rights and give advice on whether you should sign something. But if you made an offer using an agent in Tennessee, you very likely signed a Purchase and Sale Agreement on the standard TAR form when you made the offer. That... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I closed on my house yesterday. Today I receive a call that the buyer is mad about a area of drywall in the garage.

It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 15, 2022

They could sue you - whether they prevail is another issue. But from these limited facts, it sounds like they didn't complete their due diligence prior to closing.

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Sexual Harassment for Tennessee on
Q: In Middle TN. It is illegal to point your home security cameras at a neighbors front door and record them?

My husband and I live in a private camping community in Nunnely, TN. Our neighbor to the left of us keeps pointing his home security cameras at the front of our camper and records us. We have on multiple occasions caught him creeping around spying on us. And also has recently stole from us. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 9, 2022

Tennessee is a one party recording state. If the cameras are on his property and otherwise in public, then he can pretty much aim them anywhere. You may have a civil claim for invasion of privacy (statutory and common law) depending on needing more facts. Consult local counsel to see what, if any,... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.