Questions Answered by Bennett James Wills
Q: Can a company you have a bill with take money from your checking account without a judgment
Bennett James Wills' answer
Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.
Your question is unclear. You can't be garnished without a judgment. But a company could auto-draft your account if you signed up for such a service.
Q: Can landlord keep my security deposit if I was evicted moved out before 30 days where up? Handed my keys in on the 4th?
Bennett James Wills' answer
Landlord may be entitled to your security deposit for several reasons. Depends on what your lease says.
Landlord may be entitled to your security deposit for several reasons. Depends on what your lease says.
Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?
1 Answer
| Asked
in
Civil Litigation, Gov & Administrative Law and Municipal Law
for
Maryland
on
Answered on Apr 17, 2019
Answered on Apr 17, 2019
Bennett James Wills' answer
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.
Hard to give an answer without more facts. Generally you can sue for just about anything - can you win? That's another issue. Consult local counsel for options.
Q: Is there any legal action when a man gives a woman rings as promise to marry, and has been supporting her financially
Bennett James Wills' answer
If you are not legally married then you would not be entitled to support after a breakup. Likewise, the children are not entitled support since they are not his.
If you are not legally married then you would not be entitled to support after a breakup. Likewise, the children are not entitled support since they are not his.
Q: What rights do grandparents have?
Bennett James Wills' answer
You should ask this question to an attorney in Oklahoma to determine what, if any, visitation rights grandparents have since that state's laws would control.
You should ask this question to an attorney in Oklahoma to determine what, if any, visitation rights grandparents have since that state's laws would control.
Q: If I have been asked to pay money to someone or they will show my husband/family/everyone messages implying an affair.
Bennett James Wills' answer
That's extortion. If you don't know the person making the threats it's likely a scam and should be ignored. If it's someone you know, you may want to consider discussing the issue with an attorney and/or reporting the issue to law enforcement.
That's extortion. If you don't know the person making the threats it's likely a scam and should be ignored. If it's someone you know, you may want to consider discussing the issue with an attorney and/or reporting the issue to law enforcement.
Q: My ex husband had recently had some health issues and is unable to work now. What now?
Bennett James Wills' answer
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.
Q: Can I take custody of my biological child if I divorce the bipolar mother?
Bennett James Wills' answer
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
Q: Is our landlord allowed to shut of utilities by means of eviction?
Bennett James Wills' answer
A landlord cannot disconnect utilities to evict you. Contact legal aid in Davidson County.
A landlord cannot disconnect utilities to evict you. Contact legal aid in Davidson County.
Q: I put a down payment on a puppy in Monterey Tennessee. The puppy has parvo and breeder won’t return the down payment.
Bennett James Wills' answer
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.
You still potentially have a breach of contract action. You could choose to file a small claim in the general sessions court for the return of your $500.
Q: How do I get a divorce on a fixed income? Legal aide told me they cldnt represent me BC I didn't hve address for him
Bennett James Wills' answer
You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to be an issue. You need to know where he is so you can serve him with the paperwork you file in court.
You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to be an issue. You need to know where he is so you can serve him with the paperwork you file in court.
Q: My landlord (from 3 years ago) recently turned me to collections for 2 months of rent past my move out date.
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.
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
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,...
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.
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.
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
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.
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.
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.
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.
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.
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?
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.
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.
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.
