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Questions Answered by Anthony M. Avery
1 Answer | Asked in Gov & Administrative Law and Municipal Law for Tennessee on
Q: Can police have un-marked cars with regular plates not state or municipal plates on them.

I was referring to what are Dept. vehicles with no obvious markings and regular plates.

Anthony M. Avery
Anthony M. Avery answered on Sep 12, 2019

Absolutely. Many Law Enforcement Officers drive their own vehicles all the time, and still conduct stops and enforce laws. They may show a badge or activate their lights, or just follow you until you stop.

2 Answers | Asked in Probate for Tennessee on
Q: My ex husband has passed away and his estate and probate is pending. My now husband is about to adopt mine and the

deceased daughter. Will that affect anything she will receive once she turns of age from the estate of deceased father?

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

Your facts have some mistakes. But I believe what you are asking is whether the daughter can inherit from both her actual Father and her adopted Father. No.... Once she is adopted, that is her Father and she has no relationship with her biological Father from the Adoption Order

and...
Read more »

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2 Answers | Asked in Criminal Law for Tennessee on
Q: Can co-defense counsel prejudice a co-defendants trial?

Co-defense counsel stated that the co-defendant was the shooter during questioning of a key state witness during trial.

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

It does happen, and this is where mistrials, post-conviction proceedings, and board complaints come from. A jury instruction will probably not adequately cure that. The offended co-counsel should have known that was possible testimony to be brought out. Rarely would it be beyond a possibility... Read more »

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1 Answer | Asked in Divorce for Tennessee on
Q: What can be done when the ex being the defendant in an uncontested divorce will not sign the paperwork for court
Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2019

You will need to hire a competent attorney to establish grounds for divorce. Then you must amend the Complaint, and serve it, unless the original Complaint was served. Otherwise you must wait on the other side to want a divorce. Sometimes it is better to stay married, as the survivor may take... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: can A pension of disabled person be garnished or attached by Collection company
Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2019

Very often a judgment creditor can garnish a retirement plan, to the extent it is not exempt. Hire a competent attorney to file a Notice of Exempt Property at the Court which rendered the Judgment. You must do this quickly.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If a 36 year old female is assaulted by a 14 year old male what types of self defense can she use to protect herself?

The boy kicked her front door in 10 mins prior to hitting her while she was on the phone with cops.

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

The woman should be able to use non lethal force. But was she charged with Assault or something? Self-Defense is actually only useful as a defense at trial, as there is no motion to dismiss. If she is charged, then she needs a competent attorney immediately which will conduct a Preliminary... Read more »

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I got charged with a dui and reckless driving an open containers. However upon the trooper arriving I was not in my car

It had ran out of gas so I was walking to get gas.

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

Hopefully you did not admit that you had been driving when it ran out of gas. Was anyone else with you? Was the car parked properly? Did you admit drinking or that the containers were yours? Hire a competent attorney now. I hope that you have an Alabama License.

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2 Answers | Asked in Estate Planning for Tennessee on
Q: What is included in the total value of an estate?

Does the total include just the house and cars or the contents (jewelry, expensive antiques, high end furniture) as well?

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

You need to perform a title search to determine who owns the house and lot. If the decedent died without a will being probated, then the house goes to the Heirs and is not part of the Estate. With a Probated Will, there is probably a Devise through the Testate Estate, if the decedent owned the... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Tn tenant vacancy rules. Was on a month to month lease. They terminated with 30 day notice. Can they charge $ for 1-15

We were on a month to month contract with an apartment community. They gave us a statement that said they no longer wished to renew our lease and gave 30 days. This was Aug 15th but if we stayed later than the 31st that they would charge a prorated rent from sept. 1st through 15th. Also if this... Read more »

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

Certainly. It sounds like the landlord is trying to give you a break on rent. The Detainer Warrant must be filed, served or posted, have a Judgment for Possession declared, and if you are not out in 10 days, have the Sheriff remove you under a Writ of Possession.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How long does a unpaid ticket stay on file at the courthouse before you can get it to open off.

He has some back in 1999. And he is on a payment plan that he can barely pay

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

Once the Citation becomes a Conviction, it is there forever. And if the Department of Safety says you have to pay it, then that is what you have to do for reinstatement. DOS issues the Licenses. You are confused with the Motor Vehicle Record which goes back 1 year for points against your... Read more »

2 Answers | Asked in Estate Planning and Probate for Missouri on
Q: Can an heir have everything put in their name then refuse to settle everything equally among the other heirs?

My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house which is... Read more »

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

If the mother's Will is not Probated, then it has no effect. Assuming the mother owned the land, it will owned by her heirs as tenants in common. Any of the owners can file an Action for Partition. As an owner the sister has as much right as any to live there. If there is a mortgage then someone... Read more »

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1 Answer | Asked in Collections for Tennessee on
Q: Did I just restart my statue of limitations, by agreeing to a settlement verbally? Can they take me to court now?

I just spoke with a debt collector on the phone about a 10 or so year old debt. I was at work so when she offered to take a settlement of about about $240 on a $400 dollar debt I said sure, "i'll call tomorrow and take care of it at the settlement amount", but I really just wanted to politely get... Read more »

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

They may argue that at Court. But if you knew there was a 10yr SOL, why did you even talk to them? I would not worry about getting sued now anymore than before, as it is not a resumption of payments on the note or contract. A Suit will probably involve attorney fees and costs though.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I had a seatbelt ticket and it is a 30 dollar fine when to go pay it and they are saying it's 200 now can the do that?
Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2019

The Fine is probably only $ 30. The Court Costs are alot more. As far as

I know there are no Misdemeanors that cost the Defendant less than

$ 150 in the State of Tennessee. You can ask the Clerk for an itemized list, but it will not do you any good.

3 Answers | Asked in Criminal Law for Tennessee on
Q: When you get charged with aggravated assault, then do not get bonded out, spend almost 2 months in jail. They somehow

Turn the charge into a simple assault, release you with probation. But still give you another court date, what is the next court date for?

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2019

If you are on Probation now then you must have pled guilty to some crime., probably Assault. That should be an 11 mo/29 day Sentence, minus the jail time already served. There will be Costs, including for the Court and Jail, and probably a Fine. The Court probably wants you back before him to... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: If contracts are signed is property and dwellings considered sold even if sellers have 60 days to vacate
Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Transfer of title is by deed usually. Without a deed the buyer only has an equitable conversion, which is enforced by specific performance of the contract. Buyer may also need to file a detainer warrant after title has been obtained or declared by a Court.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What happenes if seller doesn’t honor contract
Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Read your contract verbatim. It may have a liquidated damages clause. Otherwise the buyer can sue for Specific Performance of the Contract. Alot of times the seller owes a commission to the agent, and there may be an earnest money fund up for grabs. But the buyer had better performed a title... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I be charged with due care hen I was on a road wit no lines

I was flown to earlanger after being released from Starr regional in Athens Tennessee

Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Certainly if somehow you impacted other objects. It is a very easy burden of proof by the State. When you go to Court, be respectful and maybe it will be Dismissed since apparently you were not charged with anything but having a wreck. The road markings would be relevant to other Rule of the... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Traffic Tickets for Tennessee on
Q: I got caught driving on suspended license and no insurance and bumper law what can happen?

I got in speedwell tn state trooper i had sezure about year ago that's why there suspended

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You need to find out from the Department of Safety what you need to reinstate the license. Then spend the money and time to do it fast. Campbell/Claiborne Judges and DA's should give you a continuance if you honestly try to get a TN DL, Insurance and a Bumper. If there was a wreck, then it will... Read more »

1 Answer | Asked in Car Accidents and Small Claims for Mississippi on
Q: I have a unsatisfied judgement against me from 2013, $9,000 ,license suspended. I cant afford to pay it. What can I do?

Sued from motor accident 2013 for 9,000 now have hold on my license. Can’t afford to pay this but wanting to fix so I can eat license what do I do

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You may need to look into a Chapter 7 Bankruptcy. Call a competent attorney. You may need to prepare for it beforehand. Schedule F and the Notice To Creditors should list the Creditor Driver, Insurance Co., the Licensing Bureau with your Driver's License Number in the address, and anyone else... Read more »

1 Answer | Asked in Adoption and Family Law for Tennessee on
Q: Can the stepmom of my children adopt my children without serving me papers. Or can lies being told make it happen???

It is a complex case and I am looking for a lawyer that cares and will fight this case like it is their own children. I need a good lawyer!!!

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

Apparently your parental rights were terminated. You may be able to set aside that and the adoption, but it sounds like it might be too late. Possibly you were denied due process notice. Hire a competent attorney to find out what happened first, then decide what to do.

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