Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for a real estate agent/company to make you use them for a specific house or unit?

My wife and I found a condo we wanted to purchase before signing a buyer agreement with an agency. After we signed and submitted an offer, we discovered that our agent sent two consecutive offers that had incorrect terms on them, including one that would have required us to place an 80% down... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2020

You should not be signing offers without reading them. You might hire an agent to represent you, but you need to be very careful about looking for properties in the first place. It would be wise to hire an attorney to continually assist you, and check out prospective properties prior to you... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the least complicated way to sell a 200k paid house to a son parents will finance sale Parents are retiring
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

There are many ways of conveying improved real property to a son. I recommend hiring a competent attorney: to perform a title search including looking at the legal description; drafting a quit claim deed (since I doubt he wants to sue his parents); deciding upon an agreed purchase price... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Do you know a site where I can print off Divorce forms with children and property? Tn site for children w/o property
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

You obviously need a competent attorney. Trying to do a Divorce yourself with property and children involved will be a permanent disaster for everyone concerned. Make payments, barter with firearms, vehicles, whatever, to hire a decent attorney, or stay married.

1 Answer | Asked in Collections for Tennessee on
Q: I'm disabled and get SSI, if a judgment is brought against me , can they take my car, can I get a exemption
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

In Tennessee, there is a $ 10,000 Personal Property Exemption in addition to a few other Exemptions.

But before or after the Judgment, but prior to any Execution or Garnishment being issued, you must explicitly claim these Exemptions in writing with that particular Court. A good lawyer...
Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was released under the impression that I had flattened my time but find out 4 months later I am on probation???

I was incarcerated in 2016. I was released on October 19, 2020. When I was released I was under the impression that I had flattened my time. February 5, 2020, a parole officer came to my house to inform me that I was apparently on probation. I was unaware and so was she. My sentence was flatted. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

At worse you should move the Court for unsupervised probation. But if its parole (and it probably is), it will be different and you may have to complete it. Again go to Court and examine your Judgment of Conviction.

View More Answers

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I received a ticket with the incorrect date I was not in the state at the date that was listed, officer also didn’t sign

There is no amount for the fine, it is traffic control device, and there is no other info.

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

If you have not already checked with the appropriate Clerk about this Citation, you may wish to hire a competent attorney to look into it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can having a paid attorney help with a probation violation?
Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Well if the attorney is unpaid, he is not going to help with the probation violation. Very often, a competent attorney can mitigate the damage from violating a probation order. The amount of jail time that is saved could be substantial.

1 Answer | Asked in Probate for Tennessee on
Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years

Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for Tennessee on
Q: I was called by a police officer and told that he didn’t want to put out a warrant but was only investigating.

Gave me the number of a “victims” dad to call and work things out. I feel like I’m being scammed

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Hire a competent attorney to negotiate any prospective restitution to victims. Talking to victims directly is always bad, and make a bad situation much worse.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got a ticket for a cell phone violation in Tennessee. I was told I have to go to court. Can I avoid this ?

I was told by the officer that pulled me over that I would just have to pay a ticket, then when I called to find out the amount, they informed me I have to go to court. Is there any possible way I can avoid going to court?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

You need to go to Court on virtually any Citation. Be respectful. The worst that can happen is that you are found guilty and have to pay the Court. But you might get lucky.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Is it legal in a civil case for a judge to rule against you if you are physically unable to be at set court date?

My grandma left me part of her estate when she passed away. She Appointed one of my cousins as Trustee of her estate. I went to jail for a period of 4 months. While in there I was served with papers accusing me of damages to the house that I did not do and a court date was set. I was physically... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

You might file a Rule 60 Motion now within 1 year of the Judgment. You need to be very convincing of your legal disabilities at the time. But even if you are in jail, you need to file papers (including handwritten in pencil) with the Court. Default Judgments are often set aside. You should... Read more »

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Is it legal to be denied medical care just because you are incarcerated?

I went into labor while incarcerated and was in labor for a full day and repeatedly kept telling the guards at the jail who would not take me to the hospital. Finally I had no choice but to deliver my baby myself right there in the jail cell. Anything could have happened to me or my baby in that... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

The jail nurse should have assisted you when you notified the jailers of the birthing. But you probably have no damages, and this would be a Government Tort Liability Action which has alot of requirements and immunities. A few very experienced lawyers might see a cause of action, but i do not.... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it true when a home is sold in Tn that the utilities must be on?
Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Not to my knowledge. If there is a relevant clause in the Real Estate Sale Contract, then that term on current utilities controls. But no Tennessee Statute applies. Possibly some county ordinance or city code requires it. Who would enforce it?

1 Answer | Asked in Divorce for Tennessee on
Q: Is my husband entitled to any equity in my house that I owned before we were married? He has not made one payment.

My husband will not work a full time job. He barely works 15 hours a week. I have been paying everything since we have been married..which is two years. I am currently going through cancer treatment too and working full time. The only thing he has paid is the cable and internet. I pay everything... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

You should hire an attorney now for a divorce consultation. But yes, the other spouse can claim an equitable portion of the increase in value of separate real property since the marriage. I suspect that you have a larger problem: no grounds for divorce. Selling the house now, moving... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Got convicted for dv in Nashville tn. My public defender lied to me and told me after 7 yrs I could get gun rights bacK

Now I found out I can’t is there anything I can do to get them back

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

It depends on how long ago you pled guilty. Noone should ever plead guilty to Domestic Violence anywhere. Attacking your plea is probably futile, but you might try it. Maybe Diversion is still an option if the plea is withdrawn. Also within a year, you might try an ineffective assistance of... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: So a friend of mine overdosed and the cops found the drugs and needle and put 2 warrants out on him. Never arrested him

They let him go and said turn yourself in. What is this ?

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

It sounds like the Cops gave him a break. But Citations are just as much charges as Arrest Warrants. He needs a decent lawyer and needs to start a drug program today. Then go to Court and start working towards either Dismissals and Diversion, or at least no jail Misdemeanors.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Co-tenant, subtenant and a tenant in 1 rental. If tenant fails to pay rent, who should be served the notice to pay/quit

Co tenant and subtenant paid main tenant their agreed upon rent per their written agreement. The main tenant has not paid the LL. If the main tenant doesn't pay the LL, who should be served the notice to pay or quit? The co-tenant and subtenant both submitted their notice to vacate to the main... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2020

Who is in Possession? That is your main concern. Your Contract is with the main tenant I would suppose, but again the important thing is regaining possession, not money. Try filing and serving/posting the latter tenant. That will get it going, and if others are there, then you will have to... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I'd like to buy about 1/5 acre of land from my neighbor in Knox County, TN. What steps should I take?

The couple who owns the property is going through a divorce and planning to sell the property soon, but has not yet listed it. Should I approach them before they put it on the market?

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2020

You can make an offer now, while both own it. But it will not be simple, as you need a survey, and may possibly have to work out an easement. You need a title search first. After you do all this, the conveyance may not be made.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I paid cash to have my license reinstated on July 29 2013. I got a "no-seat belt" ticket after I got my license back.

They are saying that it's still suspended for the same thing I paid off. If this was the case then I wouldn't I have gotten more than a "no-seatbelt" ticket from the state trooper? Wouldn't he have given me a "driving on suspended license" ticket if I didn't have my license reinstated?

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2020

You will have to work this out with the Department of Safety. Some Court may be involved, but it sounds like DOS was either never satisfied because you did not take care of everything, or DOS has a mistake.

1 Answer | Asked in Civil Rights for Tennessee on
Q: I got served a civil summons from an exlandlord in Tn stating I owe from Jan 2013. They filed in 2018 but its now 2020.

They tried serving me since 2018 but i wasn't actually served until jan. 2020. Has statute of limitations run out for them?he wouldn't show me the breakdown of how I owe $3000 . also do you think detesting it with the judge and using statute of limitations is a good idea

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2020

Hire a competent attorney now. Service of Process may be deficient because of the time, but may again be now proper. Contract SOL is usually six years, unless agreed otherwise. A good lawyer should be able to settle this cheap, but you may be too vulnerable.

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.