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Questions Answered by Anthony M. Avery
1 Answer | Asked in Criminal Law for Tennessee on
Q: If stopped for following too close and drugs are found and you dont get citation for the offense you were stopped for

Does that make it an illegal search

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2020

It helps to support a Motion To Suppress for an illegal stop. But issuing the Citation then is not absolutely dispositive. Suppression Motions are difficult. If the Defendant is still at Sessions, then his lawyer needs to get ready for a thorough Preliminary Hearing.

1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: can The state legally request more documents

I filled for a concealed carry permit through the state of TN. After my background check was conducted they found that I was convicted of criminal damages to property- misdemeanor when I was 17, this was 14 years ago. The state has now asked for certified court documents on the case. However the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You will have to provide the State the requested documents. The Department of Safety issues the HCP, and if they do not want to, they don't. If denied, you can file a declaratory action in General Sessions Court very soon after the denial. Denial of a HCP does not mean you necessarily have a... Read more »

1 Answer | Asked in Consumer Law for Tennessee on
Q: Debt started in one state, then moved to a different state when payments started to fall behind.

Which state's SOLs do you go by?

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The Note, Security Agreement, etc probably contains a term which states which State's Laws apply. If not, then probably the State where the Contract was consummated controls, unless there is another agreement.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Signed property over to state of tn in order to get health care for my mom now she is deceased how do we get it back
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You may be an Heir At Law, and the Heirs are now the owners as Tenants In Common of the real property. Someone that knew her can execute and record an Affidavit of Heirship. This tells the world who the titled owners are, that is it becomes their source of title.

1 Answer | Asked in Probate for Tennessee on
Q: TN probate has 2 yr for will contest. Does this mean final probate and distribution of assets wait the 2 years?
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

No. But closing an Estate can easily exceed two years and often does. Will Contests will affect the ongoing Probate obviously, and the Executor must defend the Will while maintaining, not dissipating, Estate Assets. This happens often and makes Probate expensive.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a farm subdivided has a warranty deed amendment, do all adjoining property owners plus mort co’s need to sign as well

This land has always been a farm, but now is 53 acres with smaller subdivided lots adjoining. The restrictions said no other activity and the current 53 acre owner and the owner who split the lots originally are the only ones who signed the corrected deed to include agriculture.

In... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

If all property owners do not execute a covenant which runs with the land forever, whoever violates it may be able to ignore the restriction. You need an attorney.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I’m asking for my new landlord she’s older and is renting a trailer

They will not leave they had 30 days to get out the was suppose to be out the last day of last month they won’t come to the door when she goes there she doesn’t know what to do know

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

The landlord or owner must file a Detainer Warrant in Sessions Court for possession only. It must be served or posted. She gets judgment for possession and they have 10 days to leave or appeal.. If still there, she must get a Writ of Possession issued and executed. I recommend she hire a... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Tennessee on
Q: My father passed with no will my siblings agreed to me be being executive of the estate

It is also agreed that I can keep the house if the mortgage company allows and all the contents.My father had three step children that are pushing me to probate. I know they have no legal right to anything in his estate but I'm ok with them getting things they want and that goes for all. Is there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

You have not stated a need for a Probate Administration. But if the Estate is large enough, or there are certain type of assets, then Probate may be necessary. Consult with a competent attorney. The Title to the home should be simple, with someone executing and recording an Affidavit of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in Washington co tn and have older home and 5 acres . Around 10 years ago the county paved the "right of way " .

In doing this the lines to my septic and water (city line) were paved over. The property adjacent to the paved road is property 40 acres that is for sale by family of deceased owner. A contractor made offer and said it was contingent on moving my septic and lines . The contractor wanting to double... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

What is it that you want to do?...And the contractor can not make you pay for what is probably a road widening approved by the County Commission. In fact there have probably been two or three County Commission Meetings already on this subdivision development. Why did you not attend and voice... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

Since the will was not probated, it has no effect. The heirs own it subject to the debt, but you do not know who the heirs are. I suggest you stay away from this, because at best you will have a bad title which you do not know how to cure, and would probably lose the home later (once the debt is... Read more »

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1 Answer | Asked in DUI / DWI for Tennessee on
Q: do i still have to get an interlock for my car? i havent had a license since my dui in 2007. just now paid all fines .

i currently am in the process of getting them after 13 years! looks like after all this time i wouldnt have to have it or take a dui class either? havent had any more trouble since then an dont drink anymore.

Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2020

Very doubtful, as the blow meter is for a restricted license. Whatever the case, you have to do what the Department of Safety says you have to do. It does not make any difference what you or some court clerk think you have to do. Take the time to get the DOS to give you a full list,... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: If found in your possession of 28 grams of crack cocaine and also a pipe what can they charge for

What can they charge with

Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2020

Possession With Intent To Distribute Schedule II Controlled Substance (Cocaine) Class B Felony

Eight to Thirty Years The pipe is a Misdemeanor, Drug Paraphernalia

2 Answers | Asked in Car Accidents for Tennessee on
Q: Someone else drove my car and was involved in an accident and now MY license is getting revoked?!

They say I’m financially equally responsible since the car is in my name.

Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2020

Hopefully you got the Notice of Suspension from the Department of Safety recently. If so, then you need to hire a competent attorney immediately and demand an Administrative Law Judge Hearing to dispute the Suspension.

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2 Answers | Asked in Criminal Law and Juvenile Law for Tennessee on
Q: 15 yes old being accused of theft but no prove? And now cop wants to charge him for pictures of girls on phone?
Anthony M. Avery
Anthony M. Avery answered on Mar 11, 2020

He needs to quit talking to the LEO's and hire an attorney today.

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1 Answer | Asked in Real Estate Law for Kentucky on
Q: 2020 Kentucky requirements on a quit claim deed?my dad is transferring / giving me 2.31acres and I'm doing it online.

He has land that has been decided. Now they are separate. He is giving me the lesser acred price of land. 2?31 acres. I'm doing it online because I can afford a lawyer. As far as description of property. I have Book:*** Page:*** Map Number-091-00-00-000.00 Class-Residential Property... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

You have no idea what you are doing. Your legal description is unenforceable. Hire an attorney to draft an enforceable conveyance, or forget about it. If you cannot afford a QCD then you cannot pay taxes either.

1 Answer | Asked in Real Estate Law for Ohio on
Q: How do you transfer a house into someone elses name when you are incarcerated for the next 14 years

he would like information so it will be in my name since he has 14 more years in prison.

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

There is nothing different here than any other conveyance. It might be best for the inmate to give a Life Estate/ Remainder Deed where even if he is dead, at the termination of the life estate, the remainder goes to the inmate or his estate. Hire a competent attorney to draft a deed, then send... Read more »

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I know if I'm getting sued by a creditor?

I had a loan set up on auto payments and they stopped processing them due to lack of funds. They never tried to contact me again. That was almost a year ago and now a sheriff shows up and says I'm not getting sued. I call the office that represents them with no response. The number directs me to a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

What did the Sheriff want if he did not serve you or levy on your property? I recommend calling General Sessions Court for the County that either you borrowed the money in or where you live. Check to see if you are a Defendant on a recent or current case. If you borrowed on a car, is there... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I am trying to find a law firm that handles domestication of foriegn judgement in carter county tn
Anthony M. Avery
Anthony M. Avery answered on Mar 10, 2020

I recommend David Lufkin in Knoxville, Tennessee. He is the best collection attorney I know of.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Today I was pulled over going 71 in a 55 in a company vehicle in Tennessee.

The commercial vehicle box was marked with a no. Even though I was in a company vehicle. Can I take that to court as not filled out correctly?

Anthony M. Avery
Anthony M. Avery answered on Mar 9, 2020

That is probably not going to sway the Judge. General Sessions is not a Court of Record and the State's amendments can be made freely, including dismissing the Citation then arresting you at Court on the same Rule of the Road Violation made into an Arrest Warrant. So be respectful and try to get... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: What is the form you file to retrieve personal ptoperty
Anthony M. Avery
Anthony M. Avery answered on Mar 9, 2020

Some General Sessions Courts have a form for Action To Recover Personal Property. Many do not but should have a form for a Civil Warrant, which you would type in the prayer for an Action To Recover Personal Property. This action may require a Bond, coordination with the Sheriff, or may need a... Read more »

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