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Questions Answered by Bennett James Wills

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: My landlord wants me to pay rent

My land lord wants me to rent even though there is no lease agreement due to it ran out almost 3 months ago and he doesn't wanna renew it and now he's threatening to take me to court cause I won't pay him rent even tho I had asked him if I did will I still be getting evicted and he said yes

Bennett James Wills answered on Jun 24, 2019

If the lease expired then you would be considered a hold-over tenant or a tenant-at-will. You would still responsible for rent. The landlord can evict you and seek damages in unpaid rent and property damage.

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: Can my sister get custody of her daughter back from me if she was charged with severe Child abuse?

She has 5 kids ages 13y-6m and lost each one in the first year of their life and has nothing to do with none of them. She has seen the one I have in over a year and half.

Bennett James Wills answered on Jun 24, 2019

An attorney would need many more facts to answer your question. She could probably file for custody - whether the court would grant her petition is another issue. Consult local counsel to address your concerns.

1 Answer | Asked in Foreclosure for Tennessee on

Q: Unwanted solicitation by bail bondsman with a person of diminished mental capacity resulting in a lien on property.

Bennett James Wills answered on Jun 24, 2019

Your question is unclear. Consult with a local attorney to see if you can get help with the lien.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: Landlord decided he wants to sell house we are renting. Asked how much, he sent a text message with the amount

got approval from bank next day, I pay all closing costs etc.. now 4 days later landlord says he wants $5,000 more than originally told. how do I lock him in on this price? not gonna let $5,000 cause me to have to pack up 6 kids and look for another home, just don't want him to continue to... Read more »

Bennett James Wills answered on Jun 24, 2019

Did you sign a purchase and sale agreement contingent on you obtaining financing? The question will be whether the "text message" was an offer and if there was a valid acceptance. He wouldn't be able to increase the price if you have a valid and enforceable contract. Consult local counsel to... Read more »

1 Answer | Asked in Child Custody for Tennessee on

Q: Can you file harassment charges for constant threatening texts, calls, and random drop by’s?

This woman won’t leave me alone because she’s in a custody battle with my fiancé and my fiancé has full custody of the child. The child’s mother has made false allegations to CPS and when that didn’t work she showed up with police at early hours in the morning. She has sent nasty texts.... Read more »

Bennett James Wills answered on Jun 24, 2019

You may have grounds for a protective order. But you would be wise to consult with local counsel to best determine your options.

1 Answer | Asked in Uncategorized for Tennessee on

Q: Officers came to my boyfriend's house and asked me if there were any wanted felons in the home My boyfriend was on VOP

I told the officers no one but they had found him behind the home and said they would take an indictment out on me for falsifying info and harboring a fugitive Can they do that?

Bennett James Wills answered on Jun 24, 2019

Short answer is yes. They may charge you. However, that does not mean that you wouldn't have a successful defense. If you are charged with a crime, consult with a criminal defense attorney asap.

1 Answer | Asked in Civil Litigation for Tennessee on

Q: How to Sue a business based out of Memphis. Thank you in advance! I am struggling to find procedures in Shelby co.

I entered into a buy sell agreement with a "technology company" named Whiskey Creek. Their address is based on Memphis. I live in Louisiana. The buy sell was for a website/business methods that generated revenue using Google adsense, I paid $35,000 based on his valuation and doing some research. He... Read more »

Bennett James Wills answered on Jun 20, 2019

If you want to stay at the $25,000 or under limit you initiate a lawsuit in the general sessions court by filing a civil warrant. Shelby County has forms you can fill out and file with the clerk's office. You would then serve the business, typically through its registered agent. If you want to go... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: Is it possible to get a warning for criminal trespassing I was homeless walked to cookeville from smithville

An was really tired an walked passed a apartment door open an it looked empty so i walked in an was gonna rest for the night roughly 10 mins later heard voices outside an seen shadows moving got scared an left out the back door i didnt take anything when i was arrested I had only a cell phone... Read more »

Bennett James Wills answered on Jun 14, 2019

If you have been charged and it's a first offense then the State may offer you a favorable plea deal such as diversion or even retire the case with terms. You may want to consider contacting the public defender for representation.

1 Answer | Asked in Small Claims for Tennessee on

Q: is it harassment for multiple false police calls that result in cops coming to my house and waking me up?

My downstairs neighbor has called the cops numerous times over “noise complaint” when there is actually no noise. The cops have woke me up from bed twice.

Bennett James Wills answered on Jun 13, 2019

False reporting is a crime.

1 Answer | Asked in Business Law for Tennessee on

Q: Piece of plastic/paper found in daughter's McDonald's drink. What do I do?

My mom took my 14 yo daughter to get a drink at McDonald's tonight, where they go all the time. Normally, my mom gets a lg Diet Coke and my daughter gets a lg sweet tea, but tonight they switched, and my daughter got the Diet Coke. There are a few employees at this McDonald's that do not like my... Read more »

Bennett James Wills answered on Jun 13, 2019

In order to have a claim for negligence or an intentional tort you must have suffered damages. Damages usually means physical damages or monetary damages. On the facts you provided, no one got hurt (fortunately). Since you suffered no damages, you would have no viable legal claims. Best option... Read more »

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: I had a visitation order and the other party moved 3 hours with no notice to me. I had every other weekend visitation.

Visitation was every other weekend an i have only seen my children 3 times in 11 months

Bennett James Wills answered on Jun 13, 2019

There are provisions in the law that prevent a parent from moving more than 50 miles or out of state without proper notice. Consult a local attorney to determine your best options.

1 Answer | Asked in Animal / Dog Law for Tennessee on

Q: Can I take legal action to have a dog owner repay me for buying shampoo and flea repellents after they didn't inform me?

Bennett James Wills answered on Jun 13, 2019

Your question lacks a lot of specific information. But a lawsuit is likely going to cost you a whole lot more than shampoo and flea repellents. For example, the filing fee alone in the general sessions court is approx. $150. Then the cost of hiring counsel, if you wanted, and taking however many... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on

Q: We own an occupied rental that we want to sale. The tenant insist that we can't show it between 12 - 3 pm. or weekends.

Do we have to abide by their demands?

Bennett James Wills answered on May 3, 2019

The answer would depend on what your lease says and also perhaps what county the property is in. If those two sources do not provide an answer then the general answer would be "no" you do not have to abide by their demands. But you would still be required to give as much advance notice as possible... Read more »

1 Answer | Asked in Banking, Consumer Law and Collections for Maryland on

Q: Can a company you have a bill with take money from your checking account without a judgment

Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Landlord - Tenant for Maryland on

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 answered on Apr 17, 2019

Landlord may be entitled to your security deposit for several reasons. Depends on what your lease says.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Maryland on

Q: Can a municipality,a.k.a.,city be sued for PUBLIC NUISANCE?

When a city's agencies and officers repeatedly do things that not only contradicts the city's own codes but harm it's residents and citizens,can its citizens sue the city leadership on the grounds of being PUBLIC NUISANCE?

Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Uncategorized for Maryland on

Q: Is there any legal action when a man gives a woman rings as promise to marry, and has been supporting her financially

I only receive SSDI and have 2 minor children that are not his. He has provided us financial support plus a car title to him and a lifestyle for about 10 years. Now he wants the relationship over. Can I get any support

Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Family Law for Maryland on

Q: What rights do grandparents have?

My grandchildren were removed by CPS and they were placed with my daughters niece . What rights as grandparents do we have since we do not live in the same state. The children are in Oklahoma and we are in Maryland

Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Internet Law for Tennessee on

Q: If I have been asked to pay money to someone or they will show my husband/family/everyone messages implying an affair.

Is this considered blackmail especially if it's all online and written.

Bennett James Wills answered on Apr 17, 2019

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.

1 Answer | Asked in Child Support for Tennessee on

Q: My ex husband had recently had some health issues and is unable to work now. What now?

He is married and she does have a steady income. Is she responsible to keep his supposed up to date? He is not one to not pay his support. He has always been up to date.. so not having his own income and being able to pay is driving him nuts. I would think it would be considered one of his regular... Read more »

Bennett James Wills answered on Apr 17, 2019

His new spouse wouldn't be responsible. However, he's responsible unless he asks for a modification.

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