Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Bennett James Wills

1 Answer | Asked in Constitutional Law for Tennessee on

Q: What action can I take to know my rights and responsibilities as a juror on jury duty?

I have been drawn to be qualified as a juror on August the 30th, which is something I've never done (I'm 35 years old)

and I don't know my rights and responsibilities as a juror; what I can, what I can't do.

Bennett James Wills answered on Aug 23, 2019

The court should have provided you with instructions on where to be and when. Usually there's a dress code. Otherwise, show up as instructed and follow the court's directions when you are there.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: I am a tenant in jasper Alabama and I havent paid this month rent and my landlord shut off the electricity yesterday

He refuses to turn it back on until I pay rent. I am disabled and my 76 disabled mother lives here with me also. Can he legally do this?

Bennett James Wills answered on Aug 23, 2019

You should post your question in the Alabama forum so Alabama lawyers may see it. If it were here in Tennessee, a landlord cannot cut off electricity for one month of unpaid rent. I imagine Alabama has similar protections. You would be wise to consult a local attorney for your options.

1 Answer | Asked in Child Custody for Tennessee on

Q: Can the courts use texts or pictures from 4 years back on a custody case

I had custody of my granddaughter 2015 until 2016 my daughter stayed cleaned for 4 years and released now I'm going for my granddaughter and so is the other grandmother who hadnt had a relationship with her the other grandmother is stating she has texts and pictures where I left my daughter... Read more »

Bennett James Wills answered on Aug 23, 2019

Depends on whether the court determines those pictures and texts to be relevant and admissible. They may not be relevant being four years old.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »

Bennett James Wills answered on Aug 20, 2019

What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... Read more »

2 Answers | Asked in Consumer Law, Products Liability and Agricultural Law for Tennessee on

Q: I’d really like to know more about The Tennessee Meat and Poultry Inspection Act, mainly out of curiosity.

I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act

Bennett James Wills answered on Aug 20, 2019

This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.

View More Answers

1 Answer | Asked in Uncategorized for Tennessee on

Q: Do I have a law suit against him, I was hoping for the best he would fix it but no luck I cannot afford

Bennett James Wills answered on Aug 19, 2019

Need more info. There's no question or facts posted here.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Landlord is making us move so he can move back in. Gave us a month to find something. Will we get our deposit back?

Moved in January 2018 pay 700 a month paid a 700 security deposit. July 28, 2019 landlord informed us we needed to find somewhere else to live because he was needing to move back into the house. He gave us until the end of august 2019. He has called us every weekend to see if we have moved yet. We... Read more »

Bennett James Wills answered on Aug 19, 2019

Seems like he should refund your deposit. But also, you may be on the hook for August since you lived there, at least the majority of the month. What does your lease say about it? If he fails to return the deposit, consider filing a civil summons in general sessions court.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: If I have a lease agreement can the landlord ask me to leave before lease expires ? Rent on time.. no criminal activity

The lease expires next August. We’ve been on time with rent and keep the place up to standard.

Bennett James Wills answered on Aug 19, 2019

The terms of your lease control. Sure, your landlord could ask you to leave before the term is over - but can they force you out? No.

1 Answer | Asked in Child Custody for Tennessee on

Q: How does a father get full custody in Tennessee?

My boyfriends children (3 and 2) have been with him over a year now, only seeing the biological mother 3 times in one year.

He is wanting full custody of them.

Bennett James Wills answered on Aug 15, 2019

He would file a complaint for custody and child support with the circuit court in the county where he resides. There are forms available online from the State of Tennessee - but it would be wise to consult with local counsel to determine his best course of action. These cases can be complicated.

1 Answer | Asked in Civil Rights for Tennessee on

Q: I just received a civil retainer warrant to vacate my apartment (I was unfairly terminated by the owners) A court date

has been set.How long will I have to vacate if I lose the case on the 23rd?

What the procedure

Bennett James Wills answered on Aug 12, 2019

If you lose on the 23rd you would have 10 days to vacate or the landlord can file a writ of possession and have the sheriff remove you. Or you could appeal within 10 days should you lose. As for the procedure - that's not a question that can be answered here as it can be complicated. You should... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: I was wondering, is a police officer from "city A" allowed to make a traffic stop/violation in "city B"?

In Tennessee for speeding or other

Does it matter if the two cities are in the same county or not?

Bennett James Wills answered on Aug 12, 2019

Need more facts specific to the stop. But in short, they could stop you across a city/county line for an infraction they witnessed in their jurisdiction. They may also be able to stop you in another jurisdiction - but when that happens usually they call in a local police officer to write the ticket... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: If my child lives with me 6 months a yr and stays with her mom 6 months, do I still have to pay child support?

Bennett James Wills answered on Aug 12, 2019

Maybe. Time spent with each parent is one of several factors that go into calculating child support.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on

Q: My employer is offering something to one employee and not the other. Is that legal?

I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.

Bennett James Wills answered on Aug 12, 2019

One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.

1 Answer | Asked in Divorce, Collections and Internet Law for Tennessee on

Q: need some on to do a motion to entry Qdro order for alimony arrears.

Bennett James Wills answered on Aug 12, 2019

If you are looking for an attorney, you can use this site to search for a family law attorney with experience in QDROs in your area. QDROs can be difficult so you should find someone who has experience in this area.

2 Answers | Asked in Contracts and Employment Law for Tennessee on

Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Bennett James Wills answered on Aug 12, 2019

Maybe. An attorney would need to review the contract. 50 or so miles has been deemed reasonable by courts, as well as 1 year for a time limitation. There are other factors, but the best way to get a solid answer is to have an attorney review your documents.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: Can I overturn a verdict based on the service of process. Hearing stated my whereabouts were unknown.

Emergency custody hearing.

Bennett James Wills answered on Aug 12, 2019

The timeline of events is important. An attorney would need much more information to evaluate your case and determine your options. Consult with a local attorney asap to determine your rights.

1 Answer | Asked in Lemon Law for Tennessee on

Q: I did a voluntary repo my used car that was in the shop more than my drive way they say i owe 14000 what can i do

I purchased a used car from drivetime. After about 4 months I started having problems. 3 batteries 2 alternators and a transmission later the car still did not run properly. It would turn on when it wanted to the the gear shift would not stay in drive it pops out while your driving. The transition... Read more »

Bennett James Wills answered on Aug 12, 2019

You may still be able to redeem the vehicle. But if you did a voluntary repo without first seeking other redress from drivetime, then you would still owe the lien holder any outstanding balance after a commercially reasonable sale. You may still have options but you would need to see a local... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: I have been verbally assaulted by my partner's ex wife multiple times in front of their children

They are going through a custody battle and she has yelled at me and cursed at me multiple times in front of their children as well as other members of the community. Do I have grounds for harassment charges?

Bennett James Wills answered on Aug 12, 2019

On that limited factual basis, no.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?

Bennett James Wills answered on Aug 12, 2019

It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.

1 Answer | Asked in Child Support for Tennessee on

Q: I have court on sept 19 for child support modification

My ex who is the father of both of my children has asked for child support modification and and still owes a hefty amount for the past two years , we have no parenting plan in effect . What will likely happen when we go to court? Btw , he hasn’t worked and still don’t .

Bennett James Wills answered on Aug 6, 2019

Without knowing more about the case it's hard to tell what would happen in court. Being in arrears never looks good. You would be wise to consult with a local attorney.

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.