How can we settle this without seeking an attorney, or with an attorney. But I want them to pay me and have my name removed from the properties list. We started a business together. I want out. What would be the best process to do?
answered on May 23, 2023
Depends on how the properties are held. If the properties are purchased with a business entity, you may need to dissolve the business and liquidate assets. If the properties are just held jointly, then you may need to file an action to partition (sell) the properties. You can certainly try to reach... Read more »
How do you collect your money and is there a time limit on collecting this money
answered on Feb 8, 2023
You can hire someone to perform a background check and skip trace for assets if you have a judgment. In Tennessee a judgement is good for ten years and can be renewed by motion. If you discover assets, you can garnish wages, levy accounts, and personal property.
A member has decided, of their own will, to leave the LLC. The LLC is in debt and doesn't have an operating agreement. Does the withdrawing member owe any money to the LLC as buying themselves out?
answered on Jan 24, 2023
Depends on the debt. Are they personally obligated? Is the business just in debt? Or does it have a positive fair market value? Typically, without an operating agreement, when a member quits the LLC pays fair market under TCA 48-249-505. But there are other considerations as well. Consult counsel... Read more »
Live in Tennessee. Divorced in 2016 with 2 kids and have never received a copy of his W2’s from him. Since 2016 he is no longer covering our sons daycare as he is in school (my lawyer said when he was out of daycare to go to court for a readjustment in child support but haven’t yet and my son... Read more »
answered on Jan 16, 2023
You can enforce court orders through contempt petitions. You can seek to modify orders through motions for modification. Both can be tricky to navigate without counsel. Maybe check with legal aid to see if you qualify for help if you can't afford a lawyer.
I am wanting to purchase a home in Nashville, TN that is currently occupied by tenants. Do I have to let them stay until their lease is up? Or can I evict them if I intend to move into the property?
answered on Jan 16, 2023
A buyer of an occupied property typically purchases subject to the lease. Which means you need to honor the lease terms. However, in some leases, there is a termination on sale clause, which also means the lease terminates when the property is sold. Other times, certain conditions can be negotiated... Read more »
Needing to change the last name of my 5 ur old daughter. She has my ex husbands last name but he is not the biological father. No father is listed on her birth certificate. How do I go about getting this done?
answered on Jan 11, 2023
In Tennessee you would file a petition with the chancery court in the appropriate county and serve notice on any interested party. Typically, the chancery court clerks have forms you can fill out; but not always. Contact the clerk in your county to see if they have forms. Or consult counsel to... Read more »
I paid for legal services with a credit card for an individual with the agreement being that said individual would pay the payments. Now this person refuses to pay.
answered on Jan 3, 2023
Depending on the amount owed, this would probably be a small claim in general sessions court. There are civil warrants available online that you can fill out and file with the clerk's office at the county courthouse. A clerk can also walk you through how to complete the paperwork. Although,... Read more »
The police went into my home to search for a suspect but I did not give them consent to do so. My landlord wasn’t able to provide them my phone number. Is this illegal?
answered on Dec 19, 2022
Maybe. Police may enter a home under several exceptions to needing a warrant - two that may apply here are the exigent circumstances exception (searching for a suspect) or the community care taking exception (such as a welfare check).
I am looking to open up a car detail/ tire shop and want to ensure I am not in any violations when looking for a location.
answered on Dec 14, 2022
There's not so much a list but various items you may want to look at - for example, codes and zoning. Make sure where you open up shop, you are permitted to operate. Then you'd want to check the environmental laws on disposal of tires and fluids. And then other statutes like the consumer... Read more »
Sent a letter stating I need to vacate the property my 12-1-22 because I am within this month late on rent. Due 11-1 and have a 5 days Grace period. Is this legal without a 14 day notice to cure?
answered on Nov 16, 2022
Look at your lease. Often there are provisions in the lease that you have waived notice for non-payment of rent. If you didn't pay in the grace period, then the notice may well be proper.
In Tennessee there are multiple levels of carry allowed for a handgun, but they all seem to hinge on the statement that "intent to go armed" makes the possession illegal. If I carry my handgun for self-defense, then surely my intent is to go armed. This limitation makes no sense to a... Read more »
answered on Oct 31, 2022
Think of it this way: Under the statutory scheme of carrying handguns - the carrying of all handguns is illegal - because naturally if you are carrying a loaded handgun in public, open or concealed, you are going with the intent to go armed. However, there are exceptions to this rule such as... Read more »
Their was a Warrant deed in place to my father in law and it is now our Tract 2 on our deed. The county’s tax accessor graph picture was wrong and he used that picture to have a deed made and for the 1st time called it an easement. The property he bought did belong to an uncle that passed away.... Read more »
answered on Oct 17, 2022
The best way to determine where boundary lines are is to use a proper survey - not a tax map online. If his deed shows encroachment, even if an easement, then you run the risk of a future adverse possession claim. Consult an attorney to review the deeds to determine your options. You may need to... Read more »
My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »
answered on Oct 4, 2022
You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »
And what if the person who let them in does not own the residence?
answered on Oct 4, 2022
More facts would be needed. If they had an arrest warrant for someone and were otherwise let into the house then there's probably not an issue. Plus there are many exceptions to the warrant requirement regarding searches, seizures, etc. Consult counsel to determine whether any rights were violated.
I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?
answered on Sep 22, 2022
Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »
I did not have the boat for sale. It was sitting in the yard and the individual approached me. I told him that it would float and start up and run. He looked at it three times in in a span of a few months. He asked me again to purchase it and I set a low price and he said he wanted it. He came... Read more »
answered on Sep 20, 2022
Sounds like its his problem now. He had an opportunity to inspect it and it doesn't sound like you concealed the defect. Hopefully your bill of sale says "as is" or with no warranties - even if it doesn't from your brief facts I'd say he wouldn't have a claim against... Read more »
Mother and father were never married mother is the PRP while father is the ARP and there is a parenting plan in place currently giving the mother 4 days and father 3 days each week. Father has filed for full custody and has made completely fabricated allegations against the mother in an attempt to... Read more »
answered on Sep 13, 2022
An attorney cannot testify. But whatever he puts in pleadings on behalf of a plaintiff could be proper. Just because something appears in a pleading or motion does not mean it would be admissible when offered as proof during a hearing.
Person is getting dementia
answered on Sep 6, 2022
You'd be wise to discuss these issues with an attorney to make sure you and your spouse are fully covered. The usual documents are a will, durable power of attorney, and medical power of attorney. But your particular situation may be different.
Also got simple possession. I'm 52 and take care of my disabled brother what should I do
answered on Aug 19, 2022
Hire local counsel to defend the charge. An attorney can review the facts and circumstances and determine whether you have a good defense, as well as engage the necessary experts regarding the medical condition.
answered on Aug 19, 2022
TCA 39-17-418(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice...
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