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Questions Answered by Bennett James Wills
1 Answer | Asked in White Collar Crime for Tennessee on
Q: Are there any jurisdiction laws in cocke co TN. If so what?
Bennett James Wills
Bennett James Wills answered on Mar 5, 2020

Need more info to answer the question. What kind of case? There are jurisdiction laws in every county. Depending on the type of case, there's subject matter jurisdiction, personal jurisdiction, and venue. Facts are important.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Is there a way I can overturn an agreement from civil court or an appeal. I'm being sued for an old debt, no contract

The company that's suing me is not who I signed this old contract with. This debt has been written off and I just realized looking at paperwork today, I never signed a contract with the company thats suing me. How can they legally sue me when I never had a legal contract sign by me with them?

Bennett James Wills
Bennett James Wills answered on Mar 2, 2020

They original creditor may have sold the contract/debt to a debt buying company. This is common. Just because a debt is "written off" doesn't mean that an original creditor or subsequent creditor cannot attempt to collect. However, you may have defenses. You would be wise to contact local counsel... Read more »

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: I have been subpoenaed for an administrative civil case -state of TN vs Gilbert. What does this mean?
Bennett James Wills
Bennett James Wills answered on Feb 25, 2020

Without knowing more about the case hard to say why you have been served a subpoena. But, you should read the instructions on the subpoena carefully. Subpoenas are legal process that require you to attend hearings, trials, etc., and to maybe produce documents. If you are unsure of the instructions... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Are there any lawyers who will take on a criminal defense case pro bono or with affordable payment plan options?
Bennett James Wills
Bennett James Wills answered on Feb 11, 2020

If you cannot afford a lawyer the public defender's office may be able to assist.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Does a defendant have a right to address/testify before a grand jury in Tennessee?

Doesnt TCA 40-12-104 allow a defendant to testify? Do the footnotes not say that a potential defendant has the right?

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

Nope. Grand juries are one-sided where the prosecution presents evidence/witnesses and then the grand jury decides whether to indict the defendant. Subject to very limited and rare exceptions, a defendant cannot even compel the prosecution to produce a grand jury transcript.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Selling a house that was suppose to goto someone else

My wife inherited a house, but it went to her mom until she was 18. Her mom sold the house to their aunt (was paid off but now the bank owns it bc of the aunt using it for a loan) Is there legal action for us to get the house back

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

You should consult with an attorney asap to determine your options. An attorney would need to looks at the property records and any will that may have conveyed the estate to your wife. There are a lot of moving parts to cases such as these. An attorney would need to review of all relevant documents... Read more »

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Tennessee on
Q: Can you bring cause against another party for inflicting deliberate and forced psychological damages?

I was held against my will at a local hospital for weeks while they drained my insurance and abused me. The hospital doctors used all sort of claims and lies to keep me there under a psychiatric hold. This removed all my rights as a patient as well as my civil rights. I believe they did this... Read more »

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

More facts would be required to evaluate your issues. Consult local counsel to determine what, if any, claims you may have.

1 Answer | Asked in Criminal Law for Florida on
Q: I need help please finding the court transcripts for 2019-TS-01343-COA Michael Audy McCool v. State of Mississippi
Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

Call the clerk's office for instructions on how to get a transcript if one is available.

2 Answers | Asked in Criminal Law for Tennessee on
Q: If a police officer tells family that they have wanted to arrest the accused, does that make a search warrant invalid?
Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

There are many factors that may invalidate a search warrant and/or an arrest warrant. Consult local counsel to determine any issues related to the service of one or the other.

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1 Answer | Asked in Civil Litigation, Contracts and Government Contracts for Tennessee on
Q: I would like to sue the state of TN for breach of contract. Because I feel my 1st amendment right was violated.

When I signed a contract agreeing to receive the offer that gives theam a right to permote A A and faith based programs.

Do I have a case

Bennett James Wills
Bennett James Wills answered on Jan 30, 2020

An attorney would need to review the contract documents and have a discussion with you further about the facts to determine whether you have any causes of action. Consult a local attorney to assist you.

1 Answer | Asked in Child Support for Tennessee on
Q: My daughter is 18 now and has two kids and he still owes back pay child support will I still get my back pay

If so how do I go about getting it because he's not paying

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Consult local counsel. It is unclear why you would be entitled to child support if your daughter, who is now 18, is the mother of the kids.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord charge a fee for paying rent on the 4 day of grace period. I am on SSDI, and I get paid on the 3rd .

She is threatening if you don't pay on the 1st of the month we will get a 14 day notice. And if not paid by 4th we will get a late fee.... And if we get multiple notices we could have our lease terminated.

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Depending on if your in a county where the Tenn. Uniform Landlord Tenant Act is applied, there is a 5 day grace period, generally. See TCA 66-28-201(d). "There shall be a five-day grace period beginning the day the rent was due to the day a fee for the late payment of rent may be charged. The date... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: I'm getting for all right title and interest in the party's personal property to be divested out of defendant invested i

what does that mean. I own my house trailer

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Your query is unclear. Consult local counsel to determine options.

1 Answer | Asked in Education Law for Tennessee on
Q: Am I required to used another teacher’s identification who is no longer employed with the school to enter my grades?

If I refuse to basically falsify these grades under this person, my job is being threatened because h Th yes refuse to give me my own PowerSchool log in.

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

Need a lot more facts and context to answer your question. If you have concerns, contact local counsel to discuss in more detail, or discuss with your employer.

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: May children of the deceased use an Affidavit of Heirship in Tennessee to legally sell real estate (house) to neighbor?

House in Paris, TN owned by father and mother with TennCare assessment. Father passed in 2015 while mother was in nursing home with dementia. Family was advised by attorney that estate needed to be opened. Both had wills which appointed each other as Execs with me as alternate, but were drawn up... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

You haven't asked a question. What do you want to do? File a complaint against your former attorney? Sell the house? You would be wise to hire another attorney to discuss options and determine the best course of action.

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1 Answer | Asked in Divorce for Tennessee on
Q: My ex wife keeps defaulting her car payments, of which I was the co signer.

When we divorced, part of the agreement was that we remove each other from the car loan. She has missed two payments in a row. As such, I have had to pay these. What can I do to get that money back, and prevent further issues?

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

The first question is why hasn't the car been refinanced pursuant to the divorce? If you and your ex are still on the note, then you are jointly/severally liable. To prevent further issues, get your name of the note to prevent further liability. Consult local counsel to best determine your options.

1 Answer | Asked in Personal Injury for Tennessee on
Q: What is the limitation on a fall at work as far as a time frame to file suite?

I fell on ice at work because the employer refused to clean the ice and snow off. They did however take me to the ER where they took an X-ray and said I had a very bad concussion. Now three years later it feels like someone is sticking me with a branding iron between my shoulders.

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

One year. See TCA 28-3-104. However, sometimes exemptions may apply. You would be wise to consult local counsel for a formal opinion.

1 Answer | Asked in Family Law for Tennessee on
Q: Can a 18 yr old run away in Memphis,tn
Bennett James Wills
Bennett James Wills answered on Jan 28, 2020

An 18 year old is legally an adult. He/she can pretty much do what they want (legally).

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