Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony M. Avery
1 Answer | Asked in Child Support for Tennessee on
Q: I live in tennessee and i owe back child support. i was told that as long as i sent 10$ a month id stay out of jail
Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2019

More than likely, the Child Support Referee will incarcerate you. You are probably ordered to pay what an Order says, which is what you need to read and obey. If you know about arrearages, then you probably are aware of what you are supposed to do. There is no way $10 a month will keep you out... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: Will a TN judge dismiss a due care ticket if the other vehicle has been repaired?

I was in an accident in Morristown TN and received a due care ticket. A car was behind my trailer and I could not see him in my mirrors when I backed up. If I can prove the vehicle has been repaired and the police officer and other party do not contest, will a judge dismiss the ticket as long as... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2019

If you or your insurance paid for the other vehicle's repairs, then get a paid in full receipt from them. At Court this will help getting the Failure To Exercise Due Care Citation dismissed. More than likely noone opposing you will show up at Court. Even if they do, be respectful to the Court... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Which takes precedence RULE 69.07: or Tenn. Code § 66-25-102 ,,

I payed the judgement liens and now they say they have 45 days to remove the liens from my home. I need to sell so I can move to a retirement home. Thanks

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Usually the Statute controls. But as a practical matter what counts is removing the lien. Why did you pay it off without getting it released at the same time? They may take a year or never release it. Your only recourse is to file an expensive suit, hopefully in the same Court that rendered... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I got a house and a double wide and my land and they are on the same address would the double wide be mine

There are on the same probity I'd number

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Mobile Homes usually have a Document of Title, and are considered personal property usually. Unless they are a permanent fixture to the land, they are still mobile. Whoever has the Title Certificate has the best claim to ownership of the Mobile Home. Your paying property taxes on the Mobile... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I just learned that 4 years ago, a serious speeding ticket was issued to me in SC....but my fin revs prove I was in TN??

I have no recollection of it, also, I ALWAYS pay promptly. $250/month has come off my credit card for my auto insurance since 9/2/2017...when I've always paid only $85. I believe this is a ticket error or traffic ticket fraud. Please advise! Thx.

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

You have not investigated this speeding ticket. Hire a competent attorney to check into it. But if SC does not send a release to TN Dept of Safety, you will probably have to pay it in full. Otherwise you will have to go hire a SC attorney, file a suit, and probably get a case of home cooking.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I bought a property at tax sale, lien holder is asking me if I would like to buy their redemption right. This is a 1st

mortgage and the only lien.

If I pay this lien will I be able to full ownership and can take the property?

Could I ask for the overage back?

Property in in Tennessee, Hamilton county TN.

Thank you, Les Lazarus email saturnles@yahoo.com

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got a speeding ticket (74 in a 55) in TN. I live in PA. There’s no amount on the ticket. How do I pay?

Going 74 in a 55, just over the border into TN where the limit changes from 70 (I believe) to 55. The officer said to just go to the website and pay, but there’s no amount listed on the ticket. The box saying I can pay via mail or online is checked, so I am not required to go to court. Do I need... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 11, 2019

When you pay that Speeding Citation, you will no longer have a perfect MVR. Call the General Sessions Court for the County you were apprehended in. They will gladly tell you how much the Ticket is and how to pay them. That is an admission of Guilt. You may wish to hire a competent attorney... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: How do you get stolen property back from pawnbroker if you cannot prove ownership?

It's a ring that was my grandmother's, she has been deceased for over 10 years now.

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2019

You can file suit against the pawnbroker for either conversion or an action to recover personal property. It will be difficult, and you will need excellent proof.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A Deed of Gift of farm land in Miss. was inherited by my husband and his siblings. No one has their own tract or title.

My husband wants to identify and have title to his 1/5 tract of land. What is the process for doing this?

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2019

Mississippi Law controls where the real property is. But I am sure there are Partition Statutes there like Tennessee. If possible you could have a surveyor divide it up, and four owners convey their interest to one until five deeds are executed with five individual owners. But more than likely... Read more »

2 Answers | Asked in Civil Rights for Tennessee on
Q: How and where can I access a federal class action lawsuit that was filed in 1984 in Memphis, TN?
Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2019

A good place to start would be calling the Clerk of the Federal Court in Memphis. Most class actions are filed in Federal Court. If you know the names of any parties, start looking through the casename indexes for the reporters and the jurisprudence sets.

View More Answers

1 Answer | Asked in Civil Litigation for Tennessee on
Q: What is law in tn about selling your home and assets when there is a lawsuit pending against you but not a judgement.
Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2019

If the buyer wants your home and your assets, you can sell it to him. Later the future Judgment Creditor can sue to set aside those conveyances in fraud of known creditors. You may wish to contest the civil action against you, or attempt to lessen the damages. Hire a very competent attorney who... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I have a suspended AR drivers license and an old unpaid traffic ticket in TN that I have to clear up before I can get

reinstated but I am having trouble finding out anything about the TN ticket HELP!!!

Anthony M. Avery
Anthony M. Avery answered on Oct 9, 2019

Call the General Sessions Court Clerk in the County you were stopped in. If they know nothing about it, then again try the Department of Safety, Financial Responsibility Section. By then if you cannot find what Citation has to be paid in full, hire a competent attorney to run it down.

2 Answers | Asked in Estate Planning for Tennessee on
Q: What will happen to my Uncle's estate?

My great uncle has unfortunately passed away recently. He has a living will that's kept in a lockbox under a bed. (At the nursing home he and his wife lived in.) His wife will not turn over the will to anyone. All that manners to us is his last wishes are carried out. His estate in total could be... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2019

I recommend filing for Probate Administration in whatever County most of his assets are in, such as possibly Fentress County. You or another relative can request being the Administrator, who will probably have to post a Bond. If the Wife has an actual Will then she can then file it for Probate.... Read more »

View More Answers

1 Answer | Asked in Uncategorized for Tennessee on
Q: I got caught doing the dirty with my girlfriend in a national park. He told us we could go. Can they still charge me?
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2019

Probably yes since most Statute of Limitations are 1 year or more from the incident to initiate the charges. The exact SOL depends on the charge.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: My father recently died, in living in his house where moved in to care for him 3 1/2 years ago. I'm disabled, low income

Brother&sister plan to sale&want house vacant by months end but I have nowhere to go. Since brother is administrator can he evict me. How long can I legally live here?

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It will be difficult to file a Detainer against you as you are probably a Tenant In Common, unless your Father devised the property to someone else or deeded it to someone else. You need to determine who owns the property first. It may be brought back into the Estate to pay bills of an insolvent... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If I have a dui/ child neglect charge is that a Misdemeanor or felony
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

It could be either or both. A lawyer would need to read your Warrants, and then possibly look up the Statutes.

1 Answer | Asked in Family Law and Divorce for Tennessee on
Q: Will I need to go through an attorney to file for a divorce if my husband refuses to sign the papers?

I have been in a physical and mental abusive marriage. I have not pressed charges, nor have I filed a police report. I did file an order of protection, but dropped it since my husband did not contact me or anything during that time. I made a bad mistake after dropping the order, of letting him... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2019

You will have to file for Divorce under grounds of Cruel & Inhumane Treatment, and serve him. You need a competent attorney. Additionally you will need some type of witnesses to his conduct. Either he agrees or you put on proof of grounds, or no divorce.

2 Answers | Asked in Criminal Law for Tennessee on
Q: My husband passed away on the 20th of September, and I still have yet to recieve a death certificate.

The physician said she has not signed it, nor does she have it. I believe the funeral director never sent it in. I've sent him an email, and he has yet to respond. What can I do

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

That is not too long a period of time yet. It can easily take a month to issue some Death Certificates. With no response in a week, I would go to the County Health Department and inquire about the Certificate's status. On occasion the Sheriff may be of some assistance. If there is an autopsy... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How long does a disregard red light ticket take to show up on your MVR and DMV record after paying fee?hours?days?weeks?

I just need to know how long it will take for the ticket to show up on my DMV or MVR record after I've paid the fee. This was also a out of state ticket I live in Georgia.

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

Whatever State that you got the Ticket in will have its laws control. That State may or may not have reciprocity with Georgia. If the Red Light was in Tennessee, then it would never go against a TN DL record. But it may in Georgia. I suggest you contact a competent GA attorney. TN might also... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: My son who doesn’t live in knoxville has a dui charge there. He has a warrant now bc he wasn’t there for court. What now

He is a recovering addict, he needed to get out of Knoxville to change his life for the better or he was going to die. He’s been in trouble before but completed his probation. The dui is from him OD in the car. How can he straighten this up living in another state? He doesn’t have the money to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2019

He will have to come back to Knox County to face the DUI Charge. I assume it is still at General Sessions. At Court the Warrant would have to be brought in (since he is not on the Docket), him arrested and booked, Bond set and hopefully made (so he could get out of jail), then him and the lawyer... Read more »

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.