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Questions Answered by Bennett James Wills
1 Answer | Asked in Election Law for Tennessee on
Q: Where is the statute that majority party candidates are listed first on TN’s general election?

I was told by TN Secretary of State office that majority party candidates are listed first on general election ballots. I cannot find the legal justification for this. Can you direct me to it? Thank you

Bennett James Wills
Bennett James Wills answered on Sep 25, 2020

TCA § 2-5-208

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What if a renter is letting someine stay there that isnt on lease, what can landlord do? Increase lease and deposit?

they are renting in TN

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

The landlord could choose to file to evict everyone.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I sue my ex spouse for injuries he inflicted upon me while married after I caught him cheating with his co-worker?

He was found not guilty by prosecutor. His Miranda rights were not read to him. I live in TN now, he is still in IN. I moved for my safety.

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

It depends on what the injuries were and when the occurred. And if the incident(s) occurred in a state other than Tennessee, you'll need to check that state's law on statutes of limitation.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was wondering about a small claim procedure on evidence

My ex-boyfriend stole my things and gave them to his new girlfriend I have pictures and I also have text messages saying that he did will that hold up in court

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

If you took the pictures and can authenticate same, then those may be admissible. Text messages against the ex are also likely admissible as an admission by party-opponent.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: can an apartment send to collections for breaking a lease if the apartment was re-rented after abandonment?

I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.

2 Answers | Asked in Collections for Tennessee on
Q: Can you collect on a judgement that was issued for $18,000.00 dollars against a self employed contractor. What fee?

Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: Ex wife's income is triple mine. She has kids 4 days I have them 3. Will court consider her income compared to mine?

Up until a year ago we had split 50 50 custody. A year ago I went into rehab on my own and while gone I sent money to her as I could while in treatment. I am back now and the parenting plan is now technically 4/3 . However her income is triple mine . I worked 3 jobs when we were married while she... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 9, 2020

Yes. Income from both parents is calculated pursuant to the guidelines.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: is there any landlord obligation after the lease is claimed to be terminated before the tenant vacates the premise?
Bennett James Wills
Bennett James Wills answered on Sep 9, 2020

More facts are needed to answer your question. But yes, landlords have certain obligations after a lease ends or you vacate, or don't vacate for that matter.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: If two married people have an affair, what are the laws on child support in TN

Can the mother and husband request child support from the biological father?

Bennett James Wills
Bennett James Wills answered on Aug 31, 2020

Child support is calculated based on income, custody, and other factors and compared to the child support guidelines. Adultery is not one of those factors.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can someone get out of prison if they are doing life
Bennett James Wills
Bennett James Wills answered on Aug 31, 2020

Sure, it's possible. Usually by post-conviction process, parole, or pardon.

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1 Answer | Asked in Consumer Law for Tennessee on
Q: I sold a car to a guy that lives in south america chile im in tn he paid me threw paypal but Have never come got
Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

First, you haven't asked a question. Second, sounds like a scam. If you were supposed to ship the car you better be real sure the funds clear the bank before you do.

1 Answer | Asked in Consumer Law, Banking, Collections and Health Care Law for Tennessee on
Q: i was taken to court over unpaid medical bills. I settled in court and paid. Now they say i owe from previous accounts?

I settled over an $800+ bill in court and paid it off. Now the same collection agency on behalf of the same hospital, is saying i owe another $1900+ from previous service dates before the aforemention $800+ bill. Is this even legal? What should i do?

Bennett James Wills
Bennett James Wills answered on Aug 11, 2020

Could be legal. Sounds like you only settled one bill. Without seeing the other bills, it's hard to say whether they can collection for various issues including statutes of limitations. Consult local counsel to best determine your options.

1 Answer | Asked in Divorce for Tennessee on
Q: Hi there I was curious of how the process works when you have a divorce, and with no conflict on the decision how long

it would take and the cost , no children , we’ve been married 8 or 9 months ,we are located in Tennessee

Bennett James Wills
Bennett James Wills answered on Aug 10, 2020

Depending on your county it can be pretty quick. You can hire counsel or there are forms available on the Tennessee Supreme Court's website that you can do a divorce. The papers must be on file at least 60 days before you can get a hearing. Some counties will even let you waive a hearing.... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: Do I have a case?

I have Multiple Sclerosis & had osteonecrosis from steroids. The surgeon gave me one option, partial knee replacement. He did warn me of a possible MS exacerbation and I said I understand that, I have had them before. He did not warn of permanent disability, severe muscle spasms, stiffness,... Read more »

Bennett James Wills
Bennett James Wills answered on Jul 17, 2020

Medical malpractice cases are far too complicated to answer on a simple forum such as this. You should shop around for a local attorney here on this website or elsewhere to review the facts and records of your case to best determine your options.

1 Answer | Asked in Collections for Tennessee on
Q: I want to pay a collection in full, does the creditor have to take the mark off of my credit or no?

Im willing to pay off a collection in full in return to take the derogatory mark off of my credit, do they have the right to reject removal or do they legally have to remove it. ( by they i mean the collection agency)

Bennett James Wills
Bennett James Wills answered on May 20, 2020

It would likely be marked as a satisfied collection. But they don't have to "remove" it so long as it was accurately reported.

1 Answer | Asked in Child Custody for Tennessee on
Q: How do i contact to help me file an petition on an custody case?
Bennett James Wills
Bennett James Wills answered on May 14, 2020

You can use the search functions on this site or many others to find an attorney that practices family law. Call around and see who you like and would be comfortable hiring. If money is an issue, you could also call around to local legal aid clinics or local bar associations for referrals. There... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is the statute of limitations for taking a contractor to court for lying about work done?

I had water damage and the contractor said they would have to remove the subfloor and replace it. Turns out they only dried it then laid the new floor over the warped subfloor.

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

Depends on the claims. Breach of contract is 6 years is most cases; consumer protection act claims are one year; property damage three years. It all just depends on the nature of your case. You'd be wise to consult local counsel.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: what is the law of abandonment of property. 4 yrs ago I was given a 4 wheeler by the widow of my best friend. They are

They are now asking for it back. There is no Title

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

If it was a gift to you, then no, you wouldn't have to give it back.

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