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Questions Answered by Bennett James Wills
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I and another person brought property together. We were together now we are apart. Both names are on the three propertie

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?

Bennett James Wills
Bennett James Wills
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... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: What if you won your case and don’t know former employers work address and your lawyer want return calls or emails ?

How do you collect your money and is there a time limit on collecting this money

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: If my LLC doesn't have an operating agreement and a member decides to leave do they owe the company for any debt?

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?

Bennett James Wills
Bennett James Wills
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... View More

1 Answer | Asked in Child Support for Tennessee on
Q: My ex husband is refusing to give me a copy of his W2 per the court order in our divorce decree. What should I do?

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... View More

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I evict tenants if they have a lease but I want to move into the property?

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?

Bennett James Wills
Bennett James Wills
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... View More

1 Answer | Asked in Family Law for Tennessee on
Q: How to change the last name of my 5yr old. She has my ex husbands last name but he is not the biological father

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?

Bennett James Wills
Bennett James Wills
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... View More

2 Answers | Asked in Civil Litigation, Small Claims and Collections for Tennessee on
Q: I need information for filing a lawsuit against an individual for money owed.

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.

Bennett James Wills
Bennett James Wills
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,... View More

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I live in Tennessee. I was not home and my neighbor called the police because he said my door was wide open.

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?

Bennett James Wills
Bennett James Wills
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).

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Is there a list of requirements to ensure a tire/car detail shop is up to code?

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.

Bennett James Wills
Bennett James Wills
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... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord serve a mailed eviction letter if my rent is only 14 days late?

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?

Bennett James Wills
Bennett James Wills
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.

1 Answer | Asked in Criminal Law for Tennessee on
Q: What does "possessing a firearm with the intent to go armed" exactly mean?

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... View More

Bennett James Wills
Bennett James Wills
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... View More

1 Answer | Asked in Business Law and Civil Litigation for Tennessee on
Q: I am looking for a template to use to file a civil suit. Breach of Contract, $25,000, in Cheatham County, TN.

I am filing pro se, so would appreciate some help to put together this template for small claims/general sessions court.

Bennett James Wills
Bennett James Wills
answered on Jun 6, 2023

Tennessee has standard forms online for general sessions courts. You can get a Civil Summons (General Sessions) here:

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: My apartment maintenance entered my apartment without notice. Is this legal?

My apt maint entered my apt due to the apt below me having a water leak. The apt did not give any notice prior to entering my apt and found that the my apt was not contributing to the leak. The lease states owner may enter at any time to prevent damage to property without written or verbal notice.... View More

Bennett James Wills
Bennett James Wills
answered on May 22, 2023

If they had reason to believe that the water leak was coming from your unit then their conduct would likely fall under the emergency exception to the notice requirement under the lease and the landlord tenant act.

1 Answer | Asked in Divorce for Tennessee on
Q: Wife’s lawyer called asking me to come to office to sign papers. Didn’t even know she wanted a divorce.

Should I go to office to read papers or ask them to send them to me first since I have no idea what’s in them. She won’t even talk to me so I can’t get info from her. Don’t know if I need a lawyer or not.

Bennett James Wills
Bennett James Wills
answered on May 1, 2023

It would be a wise idea to consult with an attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I'm being evicted from my home I have been here over a year and I pay by the week 220$ per week and he said I broke agre

BROKE Aagreement he said I wasn't consistent he brought the eviction said I had 10 days to move

Bennett James Wills
Bennett James Wills
answered on Mar 20, 2023

If a court has granted the landlord an order of possession, then you have 10 days to vacate or the sheriff can come and remove you.

2 Answers | Asked in Civil Litigation and Construction Law for Tennessee on
Q: Contractor didnt pull permits while installing sub panel home burnt down due to breaker box being over loaded law suit?

Installed new hvac system breaker box was full so they installed a sub panel. Didn't now have permits nor inspections. Our home burns down 5 months later fire dept and investigators deem our breaker box was over loaded them not get a permit nor a inspections is this a law suit

Bennett James Wills
Bennett James Wills
answered on Feb 22, 2023

Sounds like you may have all sorts of claims against the contractor. But more information would be needed to make a proper assessment. Contact an attorney to review the facts and issues to make a determination of your options.

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1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: How to get copy of partnership of a firm registered in 1980s
Bennett James Wills
Bennett James Wills
answered on Feb 15, 2023

The Tennessee Secretary of State's Office may have information. Contact the business services department.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What is the law on tn rentals reguarding 2nd late fee then unpaid rent- an the time frame to terminate tenacy..?

If i i have a tenant an within 2 months-a late payment fee -after 5 day grace period ,was issued an it is the 1st time ....an the 14 day pay or quit was given. ...then they paid that......

AN a few months later -missed payment 1 of 2 per month -an they promised to pay it all on next... View More

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

Depends on what your lease says and whether you are accepting payments with or without reservation. But you can't evict someone without filing a detainer summons and getting an order of possession.

1 Answer | Asked in Consumer Law for Tennessee on
Q: What are the realistic repercussions of ignoring a debtors examination subpoena?

(Please don't tell me I need to hire a lawyer). This is for a silly debtors examination that is 4 counties and 100 miles away and I have already submitted written answers. I can't imagine they will "chase" me down over this in another county? What typically happens in a case like this?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2023

The next possible steps are a show cause and then a body attached (arrest warrant). Depends on how aggressive the creditor wants to get.

2 Answers | Asked in Landlord - Tenant for Tennessee on
Q: Is there a online detainer warrant I can fill out?

The attorney I met with was going to represent me with the unlawful way my landlord how just acquired this property back in May and he's threatened me twice and on Decemeber 20th 2022 I recieved a notice to terminate my month ti month lease

He told me I could fill one out online but... View More

Bennett James Wills
Bennett James Wills
answered on Jan 23, 2023

https://www.tncourts.gov/administration/judicial-resources/forms-documents/court-forms

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