Questions Answered by Bennett James Wills
Q: My landlord (from 3 years ago) recently turned me to collections for 2 months of rent past my move out date.
Bennett James Wills' answer
If you have been sued you'll have a court date where you can defend yourself or you can hire an attorney to assist you in your defense.
If you have been sued you'll have a court date where you can defend yourself or you can hire an attorney to assist you in your defense.
Q: i received a civil warrant and court date from portfolio recovery. i have no knowledge of this credit card and it’s
Bennett James Wills' answer
General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...
General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...
Q: I was served with divorce papers.
Bennett James Wills' answer
An answer to a complaint is usually just mailed to the other party. Hand delivery is ok as well. But you must complete a certificate of service on your papers so the court knows how they were served. Service must comply with Rule 5 of the rules of civil procedure. If he says he didn't receive the response, just mail him a new copy.
An answer to a complaint is usually just mailed to the other party. Hand delivery is ok as well. But you must complete a certificate of service on your papers so the court knows how they were served. Service must comply with Rule 5 of the rules of civil procedure. If he says he didn't receive the response, just mail him a new copy.
Q: My rent was late last month and the landlord tried to sue me we discussed it and he took the rent now this month he
Bennett James Wills' answer
If the Tennessee Uniform Landlord Tenant Act applies (as it does in several counties, including Davidson) then the landlord can accept late rent with reservation, which does not waive his right to file for an eviction later on. Consult your lease for your rights and remedies and an attorney to determine your options.
If the Tennessee Uniform Landlord Tenant Act applies (as it does in several counties, including Davidson) then the landlord can accept late rent with reservation, which does not waive his right to file for an eviction later on. Consult your lease for your rights and remedies and an attorney to determine your options.
Q: 2 girls attacked me and another girl was beating me with a bat. I was wondering can I sue them. And trying to see how.
Bennett James Wills' answer
Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.
Can you sue? Yes. Can you win? That's the more difficult question. There are time limits from when you can file a lawsuit for assault/battery. Plus the facts of each case are different. Consult an attorney to determine your options.
Q: My ex wants to take me back to court for 50/50. I have primary residential custody and have for the last four years.
Bennett James Wills' answer
To change custody the petitioner would need to demonstrate a material change in circumstances. If nothing has really changed, then he may not prevail. If, however, you hire counsel and do prevail, the court, at its discretion, is permitted to award you with your reasonable attorney's fees per statute.
To change custody the petitioner would need to demonstrate a material change in circumstances. If nothing has really changed, then he may not prevail. If, however, you hire counsel and do prevail, the court, at its discretion, is permitted to award you with your reasonable attorney's fees per statute.
Q: Is there anyway I can find out if my husband had our marriage annullned or a divorce without my knowledge?
Bennett James Wills' answer
That's likely not possible since in order to get a divorce your spouse would have been required to serve with you the paperwork (complaint, summons, etc.). If you are still concerned, you can go to the local courthouse and do a records search.
That's likely not possible since in order to get a divorce your spouse would have been required to serve with you the paperwork (complaint, summons, etc.). If you are still concerned, you can go to the local courthouse and do a records search.
Q: Just got pulled over in Dyersburg but they never gave me a reason to why they pulled me over. But got a ticket for no dl
Bennett James Wills' answer
Sure you could choose to fight it in court. To stop you, the police must have probable cause. If they did not have probable cause to stop you, any violation found after the stop may be inadmissible.
Sure you could choose to fight it in court. To stop you, the police must have probable cause. If they did not have probable cause to stop you, any violation found after the stop may be inadmissible.
Q: I am married with two children, can I move from Tennessee back to Missouri with my children?
Bennett James Wills' answer
To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.
To move out of state the law requires that you provide notice and other procedures. See TCA 36-6-108. But without knowing more about your situation other laws and factors may be at issue. Consult local counsel.
Q: Appeal custody case
Bennett James Wills' answer
You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.
You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.
Q: My landlord was mowing the yard and accidentally hurled a rubber mallet through my window. What should I do?
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
Tennessee
on
Answered on Jun 6, 2018
Answered on Jun 6, 2018
Bennett James Wills' answer
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.
Q: Did the court of appeals rule that sex offenders rules of community supervision change
Bennett James Wills' answer
The Michigan Court of Appeals has no authority to control the law in Tennessee.
The Michigan Court of Appeals has no authority to control the law in Tennessee.
Q: I live in Tennessee. My HOA is making rules that I feel are unreasonable. What can I as a homeowner/ they do as an HOA?
Bennett James Wills' answer
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.
Q: If I'm planning on get a divorce from my wife and I have two children, what's the % of child support I would have to pay
Bennett James Wills' answer
Child support is based on several factors, including each parent's income. You should sit down with an attorney to go over all of the details and calculate an estimate for support.
Child support is based on several factors, including each parent's income. You should sit down with an attorney to go over all of the details and calculate an estimate for support.
Q: Starting a business and not sure how to set my taxes. 2 mem LLC. Taxes as partnership or corporation better in Tennesse?
Bennett James Wills' answer
Depends on how you want to structure your business. Depends on the type of business. There are pros and cons to each. If your projected income is that high for the first year, spend some money up front and hire an attorney to do the business and tax planning for you. That will save you money and time in the long run. Consult local counsel.
Depends on how you want to structure your business. Depends on the type of business. There are pros and cons to each. If your projected income is that high for the first year, spend some money up front and hire an attorney to do the business and tax planning for you. That will save you money and time in the long run. Consult local counsel.
Q: We were hit by uninsured driver, car totaled and I’m under about $3k. 100% his fault. What are my odds in small claims?
Bennett James Wills' answer
You should contact your own insurance company and they can subrogate the claim. Otherwise, you could sue for damages. Without knowing more about the case no one here could tell you your odds of success. Sometimes trying to collect a judgment, should you get one, is more difficult than actually getting the judgment.
You should contact your own insurance company and they can subrogate the claim. Otherwise, you could sue for damages. Without knowing more about the case no one here could tell you your odds of success. Sometimes trying to collect a judgment, should you get one, is more difficult than actually getting the judgment.
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