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Questions Answered by Paul E. Tennison
1 Answer | Asked in Car Accidents for Tennessee on
Q: My boyfriend took the blame for a car accident when I was driving.

My boyfriend took the blame for an accident when I was the one driving. Will he get in trouble if he tells the truth since he went to jail over it and got a dui?

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Seems he is already in significant trouble if he has been jailed and convicted for a DUI. If he now tells the police that you were actually the one driving then you will likely be charged and convicted for a DUI. It isn't clear to me if his DUI conviction will stand or they will instead charge... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it legal for police in Memphis tn to pick up someone in Arkansas for questioning if you agreed to come in

The police called me and asked if would come in to answer questions I agreed they then came from tn to Arkansas to pick me up for said questioning with a film crew I’m wondering how legal it was

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

If you agreed, it is legal. By giving consent, you allowed it to occur. If you had said no, they would have had to proceed with securing a warrant in order to detain you for questioning. Hopefully you didn't admit to any criminal acts when speaking with the police. I recommend you consult with... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Falsely accused of domestic assult

Your ex whom wont get the help to get sober (alcoholic) you tell your boyfriend your gonna leave him if he doesnt quit drinking. Been together for 10 years He starts arguing with you and threatin to slice your throat, and ends up head butting and shoving you down over your coffee table, and you... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

I recommend you immediately consult with an experienced criminal defense attorney. The facts as you are describing them seem to show that you acted in self defense. That could be a meritorious defense in your case if you are able to convince a jury that he was the primary aggressor in the incident.... Read more »

2 Answers | Asked in Divorce for Tennessee on
Q: how long does one have to be married to get there retirement?
Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Tennessee law does not have a specific statutory length of marriage requirement for things such as retirement benefits. The general legal rule is that retirement assets acquired before the marriage are separate property. Retirement assets earned during the marriage, and the appreciation of... Read more »

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1 Answer | Asked in Child Custody for Tennessee on
Q: If the judge gives you and your ex husband 50/50 custody until mediation, but refuses to let me see my kid what do I do

He’s trying to get sole custody , and will not let me see our daughter even though the judge gave us both 50/50 . What can I do legally to be able to see my kid?

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

I recommend you consult with an attorney. If a litigant is failing to follow a Court Order, then usually the best course of action is to file a Motion for Contempt and ask the Judge to hold your Husband accountable for his willful failure to follow a lawful Order. I would want to review the... Read more »

2 Answers | Asked in Divorce and Family Law for Tennessee on
Q: I have a savings account with unmingled assets from an inheritance. Can my wife and I make a postnuptial on amount?

I inherited my mother's estate upon her death and I put the money from the sale of one of her houses into a savings account with only my name on it. The money has never been co-mingled. My wife and I have agreed on a postnuptial for this sum should we ever divorce. Is this possible in TN and... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 19, 2020

Yes, postnuptial agreements are valid under TN law. As many with other legal documents of significance it is wise to notarize them and have witnesses sign that they witnessed the signing of the document.

I recommend you consult with an attorney. Most attorneys that practice family law are...
Read more »

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1 Answer | Asked in Consumer Law for Tennessee on
Q: Three years ago my 90 yr. old mother was pressured by a contractor into agreeing to remodeling work .

She paid $4000 up front and then changed her mind. She called within 24 hours and sent a certified letter (no signed return receipt received). My brother found out later the address given for the company was an empty lot. She did receive a letter from contractors attorney saying the contractor had... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

From the facts, it sounds to me like you may be describing a breach of contract claim that your Mother would have against the contractor here. This link provides information on common Tennessee statutes of limitations... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Im the NCP and i was told in 2012 by the mother that she dropped child support.

dropped child support.

I haven't received anything from child support or heard anything about it since 2012. Until a few days ago i was served papers saying i was in contempt and owe $29000.00 in arrears. Is there anything i can do to clear this up. I was told it was dropped or i would... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

Consult with a local family law attorney. I will say that for anything regarding child support, you should always ask to see it in writing. I am not confident that the custodial parent can voluntarily relinquish child support under Tennessee law. The child support payment is for the care of the... Read more »

1 Answer | Asked in Criminal Law, Juvenile Law and Sexual Harassment for Tennessee on
Q: There is someone that hates because she can’t control me. She accused of being a pedafile. There has never been anything

Anything happen. The only I have ever done is give the child some gift or something for her birthday. Everything done in eye view. Never anything alone. She has spread rumors and accusations.

Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

I recommend you immediately consult with an experienced criminal defense attorney. You may also want to consider consulting with an experienced defamation attorney, if there is no basis in fact for any of the allegations against you. Sexual crimes involving children have strict punishments and can... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: I am in the process of spitting up from my husband and we want 50/50 custody where we both make decisions.
Paul E. Tennison
Paul E. Tennison answered on Aug 12, 2020

A split custody arrangement is possible under Tennessee law. I do not see what your exact question is. I recommend if you have questions about a potential divorce case, that you reach out to an experienced family law attorney for a consultation. Many attorneys offer free consultations for potential... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A buyer signed a contract to buy our property in TN and camper without first looking at it. They stipulated:

“Buyer has 10 days to complete inspections, this offer is contingent upon satisfactory inspection of camper”. After we accepted the offer, the buyer did look at the camper and says she doesn’t “like” it and cancelled the professional inspection. She has asked us to sign a release. We... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 11, 2020

There may be more facts that would be relevant to this if this were litigated. My take is that the buyer breached the agreement by cancelling the professional inspection. The contingency language implies that the buyer will do an inspection. By her cancelling it, the contingent provision could not... Read more »

2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

This is the type of question that you should consult with a business attorney to discuss. An experienced attorney would be able to answer this question and likely improve the draft of your current contract in other ways to make it more favorable to you then whatever you are currently using. Good... Read more »

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1 Answer | Asked in Entertainment / Sports for Tennessee on
Q: is there a form that i need to fill out so i can get a fishing lic in tenn if i am disabled for less money
Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

I recommend you review the TN Wildlife Resources Agency information regarding fishing licenses at this website https://www.tn.gov/twra/license-sales/fishing-licenses.html or give them a call at 615-781-5270. Good luck!

1 Answer | Asked in Probate for Tennessee on
Q: Would a spouse using his deceased wife’s credit cards after her death be considered breach of trust?

Spouse used my mother’s credit card after her death for funeral and vacation. His name was not on the cards and he wasn’t an authorized user.

Paul E. Tennison
Paul E. Tennison answered on Jul 21, 2020

Most likely such action is fraudulent. I am fairly sure that only authorized users may legally use credit cards. Such action may violate state and or federal law. If you inherited money from your Mother's estate such action by her spouse may have improperly diminished the estate and affected... Read more »

1 Answer | Asked in Foreclosure for Tennessee on
Q: Can a hoa foreclose on my home for not paying monthly fees?
Paul E. Tennison
Paul E. Tennison answered on Jul 8, 2020

That depends on the specific language in the HOA bylaws and other legal documents. I cannot answer this question in your case because I haven't read all the HOA documents that apply. However, I can tell you that in my experience, HOA's can do all sorts of things to homeowners that do not... Read more »

1 Answer | Asked in Child Support for Tennessee on
Q: Need to transfer a case from Puerto Rico to us (child support/father) never received any document to appear in court

Help on getting payments modify because I never agree upon payments and it's getting difficult to even eat

Paul E. Tennison
Paul E. Tennison answered on Jul 6, 2020

I recommend you consult with a local family law attorney to see what can be done to transfer the case. Good luck.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: I own a business with noticeable decrease of sales from past loyal customers. Just learned that a mayor shared my name

From an anonymous complaint resulting in several customers and friendships affecting our business and name in our network. Is there a slander ethic complaint to file on this mayor that would hold up

Paul E. Tennison
Paul E. Tennison answered on Jul 2, 2020

I am unaware of any ethics complaint that may be beneficial for you here. However, you may have a civil cause of action against this mayor for defamation. I recommend you speak with an experienced defamation attorney to determine if you have a case. For more information on defamation law in... Read more »

1 Answer | Asked in Military Law for Georgia on
Q: My friend has been getting death threats demanding to $1500 to pay for a solider to fly from nigeria. Is this a scam?

My best friend has been talking to this guy who says he's in the military online. For two years he has never met her and vice versa. Just recently he's been telling her that she need to pay the military flight pilot $1500 and if she dont that the major general as he calls the commander... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

SCAM.

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: My ex boyfriend bought me a dog so when I left I took him with me . Now hes saying he’s goin to call the cops on me

What should I do ?

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

I have actually seen this come up a few times with clients and potential clients. If he calls the cops, they are most likely not going to arrest you here. They will probably tell him the custody of the dog is in dispute so he should hire an attorney as this is a civil matter. Based on the facts as... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: my fiancée & I are splitting. she used my credit to get windows & air put in, promising to make All payments & hasn’t.

She promised to make all payments & not ruin my credit but she isn’t making payments, do I need a lawyer to make her pay or what can I do?

Paul E. Tennison
Paul E. Tennison answered on Jun 22, 2020

You may want to consult with an attorney. You could also consider filing a small claims court action to get your money back. If your fiancée made a promise to you and failed to follow that, this could be a breach of oral contract. Good luck.

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