Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bennett James Wills
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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My property was removed illegally what can I do

We were not evicted. We have an open courts case over domestic violence and made to leave our residence until court due to restraining order. Our roommate went into our apartment and removed all our belongings and thrown in garage. He also had my vehicle towed to the impound lot. What can I do... Read more »

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

Sounds like you'll need to sue him for an unlawful ouster and return of property. Consult local counsel for assistance.

2 Answers | Asked in Collections and Small Claims for Tennessee on
Q: How can I collect my judgement ?

I have a judgement by default from 2016 for 25k @5.5% . The debtor was a business owner who took money/property from multiple people before taking everything of value from the business and ran away. I did get a wage garnishment for a couple years, only because of a rumor and some luck until he was... Read more »

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

You can use the Tennessee Property Database https://assessment.cot.tn.gov/RE_Assessment/ to try and see if the debtor owns property. Maybe that's the same one you mentioned.

You have some collection tools available. You could send interrogatories in aid of execution, take a deposition,...
Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Tennessee on
Q: Is a discovery request by an attorney court ordered?
Bennett James Wills
Bennett James Wills answered on May 11, 2020

Discovery is mandated by the rules of civil procedure. If one fails to respond to discovery, an attorney can seek sanctions.

View More Answers

1 Answer | Asked in Small Claims for Tennessee on
Q: I want to take a flooring company to small claims court to get my money back for flooring I never received.

The location I got it from closed down. Do I need go to the court in the county where the closed location is or the county with their only open location?

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

It's a business. Closed or not, you can sue them where the contract was entered into, where the product was to be delivered, or any particular county where they have a principal place of business, or where the contract specifies. If they are out of business, you may be able to obtain a... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: I am a Tennessee resident buying a vehicle in Georgia. How do I register the vehicle before it gets home?

The seller is keeping the plate and I don't have another plate to transfer to it. I know the vehicle needs to be insured before I drive it, but if I drive it home without a plate I'll surely get pulled over, right?

Bennett James Wills
Bennett James Wills answered on May 5, 2020

Call the county clerk's office where you live about obtaining a temporary tag you can take with you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: How do I apply for an injunction in this case?

I was given 3 days from Friday evening

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

For what? Your questions doesn't have any details. Consult local counsel to discuss your needs. But typically an injunction is a written request to the court to take some sort of action.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I recently recieved a notice to vacate in 3 days alleging I threatened someone. What can I do about this?

It stemmed from an incident where I requested reimbursement for my car being towed unbeknownst to me. I have been attempting to contact the required party but wasnt able to get anywhere. I called the office to speak with manager, I was told she's not in, I replied I know what car she drives I... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

The Tennessee Supreme Court has temporarily suspended evictions due to the pandemic. But you would be wise to hire counsel to determine your options - you may even have a case against the landlord.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: im in the middle of a divorce and i am pregnant with my boyfriends baby can that stop me from getting a divorce

i separated from my husband on June 28th 2019 and me and my current fiancee got pregnant in November the due date is July 15th of this year. my ex husbands lawyer says that in order to get a divorce we need to have paternity test done and i see no reason why when there is no possibility of him... Read more »

Bennett James Wills
Bennett James Wills answered on Apr 27, 2020

You would be wise to consult with a lawyer on this issue. The reason is because your husband (who is not your ex until the judge signs the divorce order) is the presumptive father under the law. He doesn't want to get hit with a request for child support in the future or deal with paternity at... Read more »

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: She has 25 dogs, with no vaccines some are in big fences some aren’t What can I do without getting the family in trouble

They are fed and giving water daily but they don’t play with them. And the ones in the house aren’t potty trained and they have about 10 cats.

Bennett James Wills
Bennett James Wills answered on Apr 23, 2020

Your question is not clear. If you are concerned about the animals call animal control.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Hello, my name is Pam. I have a rental property in Tennessee the tenant has vacated the property without proper notice.

The tenant in my property in Tennessee did not give the proper notice they did not give 30 days. They are requesting I keep the security deposit. I was in touch with the tenant we did a walk-through on April 2 and there was damage. I have receipts showing the cost of damage and it overrides their... Read more »

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

A security deposit is intended to cover unpaid rents and damage when a tenant vacates. If the security deposit does not cover the damange/unpaid rent, the recourse is to provide the tenant with proper notice that you'll be keeping the deposit, an accounting of the damages and cost of repairs,... Read more »

View More Answers

1 Answer | Asked in Business Law for Tennessee on
Q: What can be done if audit if LLC shows money missing or partner purchased personal items with LLC money?
Bennett James Wills
Bennett James Wills answered on Apr 14, 2020

Much more information is needed here. You should first look to the operating agreement for a remedy. If there's not one, demand the money back from the member. Otherwise, you may need to consider litigation against the member for misappropriation of company funds. In any event, you would be... Read more »

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... 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.

View More Answers

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.