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Questions Answered by Bennett James Wills
1 Answer | Asked in Divorce for Tennessee on
Q: Can my spouse in the state of Tennessee appear at the court date for divorce and dismiss it with out my concent
Bennett James Wills
Bennett James Wills answered on Apr 21, 2021

Typically, a Plaintiff may dismiss a case under Rule 41 without the other party's consent. If there is a pending counter-claim by the defendant, the counter-claim would not be dismissed. So under the limited facts provided, if your spouse filed for divorce and there was no counter-claim, the... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Due to Covid can my landlord give me 60 days to move out because she sold the house without telling us she was selling?

She called us to tell us we have 60 days to vacate. We didn’t even know that she was selling the house. I have 4 kids and my mom lives with us. Please help. I don’t know what to do.

Bennett James Wills
Bennett James Wills answered on Apr 21, 2021

The answer is in your lease. If you still have a lease term then she cannot evict you for selling the house. If, however, you are on a month-month lease, then perhaps she can give you proper notice to vacate. The owner does not need your permission to sell the house; but any buyer of the property... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord enter my home if I am not home
Bennett James Wills
Bennett James Wills answered on Apr 19, 2021

Yes. But only upon reasonable notice, which is usually outlined in the lease, or in an emergency circumstance.

1 Answer | Asked in Divorce, Child Custody and Child Support for Tennessee on
Q: Will I still pay child support for a child if I have joint custody with my wife and I pay all the child's daycare cost?

I also pay my wife's car note

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

Maybe. Child support is calculated based on the income of the parties, custody time, and other contributing factors such as insurance, daycare, maintenance, etc. These are applied to child the support guidelines to determine who pays how much to the other parent. Once you petition the court for... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: What would be the appropriate steps to take and would I have any options?

I live in Tennessee. My 14 year old son had got into some trouble and had to go through court and probation. As a last option it was suggested that my son move in with me to see if I could straighten him out. He moved in with me right after Thanksgiving last year. I have a court ordered child... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

You would need to pursue a motion to modify the current court orders and satisfy the standards for doing so as well as recalculating the child support based on the guidelines. This is not an easy process. Although some counties have forms available online, you would be wise to consult local counsel... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I had a contractor working on an exterior project. He refused to correct some very poor grading and drainage work.

The contractor refused to correct poor workmanship after his drainage system failed.

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

You would be wise to consult a local attorney versed in contract and construction law to review the issue. If the contractor is refusing to fix his work, you may need to consider filing a lawsuit to get appropriate relief.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is this legal?

I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all... Read more »

1 Answer | Asked in Libel & Slander for Tennessee on
Q: Can I sue for Libel and or defamation of character?

I am being defamed/slandered on social media by my exs wife. Not only has the posts defamed/slandered me it has caused tremendous depression, anxiety, and possibly hurt my reputation. I work for the Public and I rely on the public for business in my industry. I feel the defaming and slander is... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

You would be wise to consult with a defamation attorney local to you. But the answer is generally "yes" you can sue. But you have the burden of proof to prove any case you file.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person facing a life sentence get an attorney for a felony murder

My boyfriend is currently 37 years old who is currently facing a life sentence in a prison in the state of Tennessee he received a life sentence and the guy who shot the guy did not and I was informed the only way he will be able to fight his case is if Tennessee made a new law by it being... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

More information is needed including the facts and date of conviction. It may be possible that your boyfriend could be eligible for some type of post-conviction relief or re-sentencing. You would be wise to hire an experienced criminal defense attorney with experience in post-conviction type relief... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Bought a large plot of land was told old tractor goes with it. Now some one claiming the tractor is his after 90 days

Contract says all personal property left on real property is now the grantors.

This person not the person I bought the property from says tractor is his.

Person I bought property from says tractor went to me in the sale.

He tried to have me arrested for theft but had no... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 4, 2021

Retain an attorney if you have been sued. But the first part of your question says that "all personal property left on real property is now the grantors." The "grantor" is the seller. If you purchased the property, you would be the "grantee." Perhaps that's a typo... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Iam in desperate need of a criminal lawyer for my son charged with 2nd degree murder we have no money pro bono

Needing help or direction to ensure my son gets a fair hearing and or deal on his current charges

We can afford a lawyer looking for a pro bono lawyer

he has 2 charges of 2nd degree murder, tampering, arson been in jail since last part of 2019

This happened in Sullivan... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 2, 2021

The accused has the right to an attorney. But if you cannot afford an attorney, you'll need to contact the public defender's office in the county where the charges are pending to get representation.

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Can I be fired for recovering from major surgery in Tennessee without a write up?

I had surgery on December 15th with the approval of my employer and while out healing I was called on January 28th and told I was let go because of my absenteeism. I have never received a ride up or a verbal warning prior to this surgery nor after this surgery about my attendance.

Bennett James Wills
Bennett James Wills answered on Feb 1, 2021

Tennessee is an at-will employment state, meaning that one can be fired at any time for almost any reason (subject to certain exceptions). Depending on the size of your employer and other relevant factors, you may have a cause of action for wrongful termination. But without knowing who you work for... Read more »

1 Answer | Asked in Federal Crimes for Tennessee on
Q: My parents called the law on my bf. He is charged with felony trespassing and aggravated burglary.

How can they charge him with the aggravated burglary when i was the one who let him come in thru my bedroom window and he never stole anything never damaged anything? What can i do to get these charges dropped or dropped down to misdemeanor

Bennett James Wills
Bennett James Wills answered on Feb 1, 2021

You can't do much. He would be wise to hire an attorney asap.

1 Answer | Asked in Divorce for Tennessee on
Q: My divorce was final in August 2020. How long does ex spouse have to complete the divorce ageement orders?
Bennett James Wills
Bennett James Wills answered on Jan 18, 2021

An attorney would need to review the order(s) to give you an answer.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: What form do I need to fill out to go before a circuit judge to have a fraudulent lien removed?

I had evicted person won eviction, then he had suit for breach of contract that was dismissed , then a general session civil suit for slander of tittle and won but judge couldn't release lien, said I had to go to circuit court. Defender still refuses to remove lien after judge told him it... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 18, 2021

More information is needed to answer your question. But, generally, there are no "forms" in Circuit Court. You have to draft and file your own pleadings and motions. The Tennessee Supreme Court has some standard forms available on its website -- you may check there. But if you are trying... Read more »

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2 Answers | Asked in Uncategorized for Tennessee on
Q: Its Martin Luther kings birthday my boyfriend was arrested on a charge that the limitations ran out

2 days ago n mcminn county jail tn the charge was failure to appear on a theft charge that the charge was 11/09/2002 19 years.

Bennett James Wills
Bennett James Wills answered on Jan 18, 2021

Your question is unclear. Did he still have an active warrant? Regardless of the statute of limitations issue, or other related issues, he would be wise to hire an attorney asap to review the case and see what options your boyfriend has.

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1 Answer | Asked in Child Support for Tennessee on
Q: I have child support court with the father of my daughter.

I have been unemployed due too not being able to afford child care and loosing my job 3 months ago. What do I need to prepare for court? He has helped with food and bills but has not spent time consistent time with our child or took on more responsibility when it comes to her custodial care as a... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

An attorney would need much more info to answer a general question such as yours. Consider hiring an attorney, or, if you cannot afford one, there are associations such as legal aid that may be able to assist.

1 Answer | Asked in Family Law for Tennessee on
Q: Ex wife trying to terminate the fathers parental rights Can he counter sue for alienation of affection or full custody?

He is military and in another state was communicating with his daughter through me (grandmother) because she wouldn't answer her phone but was allowing me to see granddaughter as long as she watched us. The ex wife cut off all communication with me because of me letting granddaughter talk to... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

A termination of parental rights case is very serious. He should consider hiring an attorney to determine whether he has any available counterclaims regarding support or custody.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My old landlord sold the apartments to new owners and they are tying to collect money due from old landlord ?

Can they do that ? If you never was given a notice about the new owners never signed any lease agreement with the new owners , and the only reason I stopped paying my recent landlord is because no one was coming to fix maintenance issues in my apartment, the constant bugs and mold and water coming... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Consider consulting a local attorney to address your issues. But generally, a landlord can sell their property and assign the tenants' leases/contracts to the new owner. This is called an "assignment." You should also look to the terms of your lease to see how the contract addresses... Read more »

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

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