Questions Answered by Bennett James Wills

Q: My landlord (from 3 years ago) recently turned me to collections for 2 months of rent past my move out date.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Jan 16, 2019
Bennett James Wills' answer
If you have been sued you'll have a court date where you can defend yourself or you can hire an attorney to assist you in your defense.

Q: i received a civil warrant and court date from portfolio recovery. i have no knowledge of this credit card and it’s

1 Answer | Asked in Consumer Law for Tennessee on
Answered on Oct 31, 2018
Bennett James Wills' answer
General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...

Q: I was served with divorce papers.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Answered on Aug 27, 2018
Bennett James Wills' answer
An answer to a complaint is usually just mailed to the other party. Hand delivery is ok as well. But you must complete a certificate of service on your papers so the court knows how they were served. Service must comply with Rule 5 of the rules of civil procedure. If he says he didn't receive the response, just mail him a new copy.

Q: My rent was late last month and the landlord tried to sue me we discussed it and he took the rent now this month he

1 Answer | Asked in Landlord - Tenant for Tennessee on
Answered on Aug 20, 2018
Bennett James Wills' answer
If the Tennessee Uniform Landlord Tenant Act applies (as it does in several counties, including Davidson) then the landlord can accept late rent with reservation, which does not waive his right to file for an eviction later on. Consult your lease for your rights and remedies and an attorney to determine your options.

Q: 2 girls attacked me and another girl was beating me with a bat. I was wondering can I sue them. And trying to see how.

2 Answers | Asked in Wrongful Death for Tennessee on
Answered on Aug 20, 2018
Bennett James Wills' answer
Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.

Q: My ex wants to take me back to court for 50/50. I have primary residential custody and have for the last four years.

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Aug 20, 2018
Bennett James Wills' answer
To change custody the petitioner would need to demonstrate a material change in circumstances. If nothing has really changed, then he may not prevail. If, however, you hire counsel and do prevail, the court, at its discretion, is permitted to award you with your reasonable attorney's fees per statute.

Q: Is there anyway I can find out if my husband had our marriage annullned or a divorce without my knowledge?

1 Answer | Asked in Divorce for Tennessee on
Answered on Jul 6, 2018
Bennett James Wills' answer
That's likely not possible since in order to get a divorce your spouse would have been required to serve with you the paperwork (complaint, summons, etc.). If you are still concerned, you can go to the local courthouse and do a records search.

Q: Just got pulled over in Dyersburg but they never gave me a reason to why they pulled me over. But got a ticket for no dl

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jul 6, 2018
Bennett James Wills' answer
Sure you could choose to fight it in court. To stop you, the police must have probable cause. If they did not have probable cause to stop you, any violation found after the stop may be inadmissible.

Q: I am married with two children, can I move from Tennessee back to Missouri with my children?

1 Answer | Asked in Child Custody and Domestic Violence for Tennessee on
Answered on Jun 18, 2018
Bennett James Wills' answer
To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.

Q: Appeal custody case

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Jun 18, 2018
Bennett James Wills' answer
You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.

Q: My landlord was mowing the yard and accidentally hurled a rubber mallet through my window. What should I do?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.

Q: Did the court of appeals rule that sex offenders rules of community supervision change

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
The Michigan Court of Appeals has no authority to control the law in Tennessee.

Q: I live in Tennessee. My HOA is making rules that I feel are unreasonable. What can I as a homeowner/ they do as an HOA?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jun 6, 2018
Bennett James Wills' answer
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.

Q: If I'm planning on get a divorce from my wife and I have two children, what's the % of child support I would have to pay

1 Answer | Asked in Divorce for Tennessee on
Answered on Jun 1, 2018
Bennett James Wills' answer
Child support is based on several factors, including each parent's income. You should sit down with an attorney to go over all of the details and calculate an estimate for support.

Q: Starting a business and not sure how to set my taxes. 2 mem LLC. Taxes as partnership or corporation better in Tennesse?

1 Answer | Asked in Tax Law for Tennessee on
Answered on May 4, 2018
Bennett James Wills' answer
Depends on how you want to structure your business. Depends on the type of business. There are pros and cons to each. If your projected income is that high for the first year, spend some money up front and hire an attorney to do the business and tax planning for you. That will save you money and time in the long run. Consult local counsel.

Q: We were hit by uninsured driver, car totaled and I’m under about $3k. 100% his fault. What are my odds in small claims?

2 Answers | Asked in Car Accidents for Tennessee on
Answered on May 2, 2018
Bennett James Wills' answer
You should contact your own insurance company and they can subrogate the claim. Otherwise, you could sue for damages. Without knowing more about the case no one here could tell you your odds of success. Sometimes trying to collect a judgment, should you get one, is more difficult than actually getting the judgment.

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.