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Questions Answered by Anthony M. Avery

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: I have a tennessee dl and got into a ticket in florida. Which state do I do the defensive driving class in?4

I was in an accident in Florida and cop ticketed me for improper lane change even though the lady was behind me and seen my turn signal and got over before me and sped up so I hit her on before her drivers door with my back passinger door. Cop didnt even look at my damage of my vehicle ect... But... Read more »

Anthony M. Avery answered on Aug 23, 2019

You need to call the Court Clerk where your Citation has been issued from. They should be able to tell you what you have to do to have the Citation dismissed. The Traffic School usually issues Certificates of Completion that can be used anywhere. But call that Clerk.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: what does buyer's obligation under this agreement shall survive the closing of the sale from seller to buyer and

Constitute a lien on the real estate until released by the seller means?

Anthony M. Avery answered on Aug 21, 2019

I would have to examine the instruments to really know. But it sounds like it is just sale contract terms which incorporate the note and deed of trust terms (obligations), which of course exist after the closing (final execution) of the sale contract. Apparently this is an owner financed land... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: Is there a statute of limitations on traffic tickets?

My husband has tickets showing up on his license that are anywhere from 6 to 10 years old. And a majority of them arent moving violations, but his defense is suspended and remains on hold due to the tickets.

Anthony M. Avery answered on Aug 21, 2019

I recommend hiring a competent attorney in the County where most of the Citations were issued. He may be able to Move the Sessions Judge to dismiss some of them or at least execute some of the costs. Then get paid in full receipts on each offense, or certified copies of the dismissals, and take... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on

Q: Is there a statue of limitations on unpaid dui/dwr fines from the nineties in Tennessee?

No drivers license is holding me back from getting good jobs. Can I discuss a settlement with the local courthouse? I paid what I could afford and with having to settle for low paying jobs in this area, the rest is still on the books. Without the thousand for reinstatement, what I have left is... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might try Legal Aid who might try to get some Costs executed. I do not believe the Department of Safety will help you. Whatever they say you have to do is what has to be done, right or wrong. DOS issues the TNDL. Sometimes people go to other States for DL's.

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: What if an officer fails to turn in a citation by the date listed?

A friend received a citation after an alcohol sale sting operation at a self checkout of a grocery store. The machine took the date of birth that was entered, and no one knew I'd the date was entered correctly or mistakenly entered wrong. Either way, the citation my friend received only had a date... Read more »

Anthony M. Avery answered on Aug 19, 2019

The friend needs an attorney to represent him. There is a 1 year SOL to institute charges from the misdemeanor incident. Hopefully nothing happens, but if it does, a conviction destroys his right to serve/sell alcohol. It is very possible that the Citation will be filed with the Sessions Court... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: My month to month tenant moved out at the end of July. Her son and his girlfriend, who were her house guests, did not.

I changed the locks but they got into the house anyway. How do I get them out? Since they were never tenants and have never paid rent, do they have legal standing? I want to sell the house.

Anthony M. Avery answered on Aug 19, 2019

File a Detainer Warrant today. It must be served or posted. You or your property manager must go to Court and ask for possession. If they are not out in ten days, you must get a Writ of Possession and get it executed.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Tennessee on

Q: Landlord let neighbors take down fence and drive through our yard without notice while no one was home is that legal?

My husband noticed that a section of the barbed wire fence between our rental property and the neighbors field had a section missing and there were tractor tire marks in our driveway and grass. He texted our landlord and he said yes he gave the neighbors permission to do so. This morning I watched... Read more »

Anthony M. Avery answered on Aug 19, 2019

You are not the owner, and the owner can grant easements and licenses.

You might claim the traffic is interfering with your exclusive possession and use of the Leasehold, but what would be your damages? By the time you went to Court, your Lease would be over or the Landlord would...
Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: Could not find ins. card fast enough for officer and was given a ticket. Can I show proof of ins prior to court date?

This occurred in Shelby County, TN. I was insured at the time the ticket was written. Can I show proof now and not have to go to Court Date? If so, how? Also, is there a fine if you actually had insurance on date of citation?

Anthony M. Avery answered on Aug 16, 2019

You could hire an attorney who might work it out with the Prosecutor prior to Court. But from your on line location, I would go to Court with both an Insurance Card and the Declaration Sheet, along with some cash. The Judge should dismiss it, but he may not as apparently you did not make the... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: Can I be fired from healthcare job if I have a pending felony and been suspended already

Anthony M. Avery answered on Aug 15, 2019

Unless you have a Contract or an Employee Handbook saying otherwise, yes you can be fired for any reason in Tennessee. This is an employment at will State. And being charged with a Felony often generates job loss. I recommend finding another job while you fight the Indictment. Being charged... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: My question is regarding terminating a lease in Tennessee.

I have a landlord who has openly said to my husband and I that he hid wires in the breaker box to pass the electrical inspection so he didn’t have to fix it “the right way”. He was supposed to fix the driveway a month ago and hasn’t, he was also supposed to fix the steps to the front porch... Read more »

Anthony M. Avery answered on Aug 15, 2019

All the Landlord can do is sue you, then try to collect a judgment. If he sues then file your own Civil Warrant for the Security Deposit and whatever remedies that apparently the Landlord/Tenant Act allows for you if you are in one of those Counties. Keeping the Leasehold in a habitable... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: I have my probation papers that say my probation ends on 04/06/2020. My officer says different.

My restituation isn't paid so he's saying I'll be locked up if its not completely paid even though the probation papers I have that he gave me says I have until 04/06/2020. I've been a model person on my probation and I have all my paperwork and all my receipts of my payments. What can I do and... Read more »

Anthony M. Avery answered on Aug 14, 2019

The Restitution should be paid first out of money you pay into Court, unless you were somehow supposed to pay it directly to the Victim. The Probation Officer runs the show so you have to do what they say. If he violates you, then you can argue to the Judge while in custody, but that may not work... Read more »

1 Answer | Asked in Uncategorized for Tennessee on

Q: I'm disabled and me and my girlfriend moved in a place together landlord knows can she make me leave i didn't sign lease

I pay water, cable phone bills most household supply i keep house clean not that she would but she gets mad thats first thing she says is get out your not on lease

Anthony M. Avery answered on Aug 12, 2019

The landlord/owner can file a Detainer Warrant against you whether you signed a Lease or not. But it must be first filed, served or posted, and then the Court gives a Judgment for Possession.

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: I got pulled over for expired tags and the officer told me my license was suspended.what will court do?

I already paid cpl payments on the tickets but cant afford to pay them off and get reinstated before I go back to court. The DA said if I didnt have them when i come back then i will have to make a plea. What exactly does that mean? I am on a fixed income and a single parent of two school aged... Read more »

Anthony M. Avery answered on Aug 12, 2019

Hire a competent attorney now. Ask the Department of Safety for a list of the problems which has suspended your License. Whether you like it or not, it will cost money and you cannot afford to get arrested all the time driving. Your personal situation is irrelevant.

1 Answer | Asked in Uncategorized for Tennessee on

Q: What if the information the department of safety gives you to reinstate your license in tn is innacurate ?

Dept of safety came up with 3 Past offences all dated in the 90s. The info is wrong. Like the phone number doesn't exist,the county is wrong,the ticket number isn't right. I've called around and tried to get it straightened out but no one can find the tickets the dmv have on their file.

Anthony M. Avery answered on Aug 12, 2019

You probably need to request an Administrative Hearing before a Department of Safety Hearing Officer. Hopefully it is not too late, and you will need an attorney.

1 Answer | Asked in Uncategorized for Tennessee on

Q: Can your health insurance license be revoked or suspended if you are fired from a company?

Anthony M. Avery answered on Aug 9, 2019

Just because of a job dismissal licenses are not revoked. But if someone makes a complaint to the Regulatory Board about the reasons for the firing, then the Board/Issuing Agency may act upon the Licensee for those reasons.

1 Answer | Asked in Foreclosure for Tennessee on

Q: Can they not give us the 3 weeks to get our stuff legally since the house is now theirs

The house I lived in has been foreclosed on and now sold ,the attorney requested 3 weeks for us to get our stuff and the new owner said yes now they are talking about we can’t stay there in order to get our stuff and shortening the time

Anthony M. Avery answered on Aug 8, 2019

You need to leave as soon as possible. But the owner cannot obtain possession without a Detainer Warrant. It must be filed, served or posted, then a Judgment For Possession goes down in Court. If you are not out in 10 days, then the Owner gets the Sheriff to physically remove you with a Writ of... Read more »

2 Answers | Asked in Bankruptcy for Tennessee on

Q: Can judgements paid in full recently be included in Ch. 7? How long after selling house can file Ch. 7?

Live in TN. Already paid lawyers fees, taken 1st class, and filled out all paperwork but closing on sale of house with ex husband in 2 days so couldn't file ch.7 with court last week when I met with lawyer.

Anthony M. Avery answered on Aug 6, 2019

You cannot be filing Bankruptcy while you are selling real property. The Trustee will intervene and remove you from the equation quickly, and you will receive little or no money. And if judgments are paid, then they are no longer a debt, obviously not eligible for Bankruptcy. You need to hire... Read more »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on

Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: What if they have aggravated assault and imprisonment charge.?

Anthony M. Avery answered on Aug 6, 2019

Those are serious charges and the Defendant needs to hire a competent attorney today.

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