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Questions Answered by Paul E. Tennison
1 Answer | Asked in Domestic Violence for Tennessee on
Q: Who pays court/legal fees in an order of protection hearing?

I am the respondent, the petitioner falsified everything that was used to request this order and I can prove it. I noticed one of the items she is asking from the hearing is that I pay all legal fees and taxes. If I win and no order of protection is granted, will I still need to pay the fees?

Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Tennessee has a statute where if an order of protection is granted, the respondent is required to pay the legal fees of the petitioning party. This likely means if she is successful in securing the order of protection against you, that you would be responsible for her legal fees. If you have proof... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: How much does it usually cost for a uncontested divorce? If both parties aren't wanting to divide anything.
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

I recommend you try Googling this. Another good option is to call several local attorneys and ask how much they typically charge. Keep in mind if either party later decides to contest anything that will make the case cost significantly more for both sides.

1 Answer | Asked in Child Custody for Tennessee on
Q: What does it mean when you get a letter from juvenile court saying that the case be struck from the docket lack of serv
Paul E. Tennison
Paul E. Tennison answered on Dec 10, 2019

Lack of service means the other side was not given notice of the hearing. If you are unsure exactly what the letter means, the best first step is to call the clerk's office and ask them about it. They should explain why they are taking that action. If you are unsure of how to proceed after... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: This is regarding my husband. His divorce was finalized in 2017. Wife has not refinanced the car in her name only.

She now says she has bad credit. We don’t want the car but don’t want to continue to have to monitor her on the payments. What are the options? She was reminded this was coming up and said I know but never mentioned her credit.

Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

You could consult with an attorney for more specific guidance tailored to your situation.

Generally, if a party disobeys a court order, then the aggrieved party can file a petition for contempt. The petition would be served on her and she would have time to respond. Then there would be a...
Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was ticketed for going 94 in a 70. Could I go to jail for this? What I do to make sure going to jail don’t happen?

I was in Brinkley Arkansas

Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

The ticket you were given should contain the information about what is required of you. Most of the time, you simply pay the fine and all that happens is the ticket is also on your driving record. If you have enough traffic incidents, the state where you are licensed could suspend your drivers... Read more »

1 Answer | Asked in Military Law for Arkansas on
Q: Does the misdemeanor Possession of sexually explicit digital material disqualifies me from military
Paul E. Tennison
Paul E. Tennison answered on Oct 4, 2019

Speak with a recruiter. They understand what will disqualify you from military service and what will not. These requirements change overtime and sometimes they can secure waivers to allow enlistments that would otherwise not be allowed. Good luck.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What is the law concerning using unmarked police cars on tn highways?
Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

I am unaware of any specific TN or Federal law that restricts TN law enforcement from using unmarked police cars.

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I still... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I signed a year long lease for a townhome but I must break it to move out of state. Landlord is asking for 4 months rent

My job is moving me to Dallas for a promotion. There is nothing in the lease about what to pay in case of breaking the lease. At first, he said that I wasn’t allowed to break it and there was nothing that could be done. Then he talked to the owner and they said 3 months but now changed their mind... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

The lease break penalty should be specified in the lease. If it is not specified then default rules of the TN Uniform Landlord Tenant Act should apply. (in counties with over 75,000 residents) See T.C.A. Section 66-28-101. Unfortunately, the default rules state that the tenant is responsible for... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Tennessee on
Q: is a new development liable for damage they cause to my property? flooding from raised elevation?
Paul E. Tennison
Paul E. Tennison answered on Jul 24, 2019

Depending on more facts, yes they could be. I recommend you consult with an experienced construction law attorney to determine what your legal options are in this situation. Good luck.

1 Answer | Asked in Employment Law for Tennessee on
Q: Are there any rules regarding what documents a private employer is required to give a former employee?
Paul E. Tennison
Paul E. Tennison answered on Jul 24, 2019

Yes, in Tennessee, an employer should give an employee a separation notice when the employee no longer works for the employer. Find the TN DOL website and you can read more about those issues. Good luck.

1 Answer | Asked in Civil Litigation for Tennessee on
Q: Can you tell me if at residential property we are living needs to supply the residents with adequate parking?

When we moved to this new residence in June we were told parking was first come, first serve. After we registered our vehicles with them, as there are 2 of us to this household with 2 cars, they are now telling us both of us cannot park here and have to park 1 car in another lot which is not owned... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 24, 2019

No, to my knowledge there is no law that would require residential properties to provide any certain amount of parking spaces. For example, many large cities in the US do not have any parking included in the residential leases. Yet, even without a legal requirement for them to provide the parking,... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on
Q: As of 6/29/19 I will be a resident of TN for 6 months and need to have my custody case transferred.

Additionally, I need to see what can be done to hold my ex in contempt for not returning my son by the date/time he was supposed too, not allowing a family member to pick up my son and bring him to me on the date he was due back, not allowing him to speak to me while he was gone for 43 day (maybe... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 17, 2019

From that description, you have a significant number of potential legal issues. I recommend you consult with a local family law attorney. You would need to transfer the case to Tennessee before you could file for contempt. Your easier route for the contempt action could be filing for contempt in... Read more »

1 Answer | Asked in Military Law for Mississippi on
Q: Can a convicted felon, who is married to a retired veteran, live in off-base military housing open to the public?
Paul E. Tennison
Paul E. Tennison answered on Jul 17, 2019

Yes, unless there is a specific law that would prohibit such conduct. I am unaware of a law that limits who may live in off-base military housing. This may be an issue where the rules and regulations set by the post commander may apply.

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Texas on
Q: Should I report someone directly to immigration for the citizenship fraud or hire an attorney to that for me?

If you lied or concealed relevant facts in order to obtain U.S. citizenship, your citizenship could be revoked. This is called illegally procuring citizenship.

I know of an individual who has obtained the US citizenship just the way described above. I would like this person to get... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 12, 2019

You may consult with an attorney to discuss. Citizens have the right to report suspected criminal behavior to law enforcement and allow law enforcement to investigate. I am unaware of any law that would require you to report that individual at this time, so such a decision of whether and how to... Read more »

1 Answer | Asked in Immigration Law for District of Columbia on
Q: What is the penalty for someone (green card holder) deliberately creating a false asylum application for their relative?

This is a confidential question.

Paul E. Tennison
Paul E. Tennison answered on Jul 12, 2019

This is a public forum, it is not confidential. I recommend you consult with an attorney about this in person. Obviously it is not good. You are stating that someone has engaged in fraud against the government. If discovered that person could be prosecuted and it may affect the immigration status... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Our property restricts mobile homes & trailers, can we put up a modular home?

We currently have 5 acres with a home on it and would be willing to give up an acre. If we do that do the restrictions still apply to the land we gave away?

Paul E. Tennison
Paul E. Tennison answered on Jul 12, 2019

Most likely yes, the restrictions would still apply. However to be able to more definitively answer this question, an attorney would need to read the legal documents that this restriction is found in. Therefore, I recommend you consult with an experienced real estate attorney and bring all... Read more »

1 Answer | Asked in Health Care Law for Tennessee on
Q: I have Medicaid and Aetna. I delivered my baby over a year and half ago and they will not process the claim.

I have sent the COB on multiple occasions. I have even called and informed them they are my primary insurance. My other insurance is federally funded and even they admit they should pick up what Aetna does not cover. What should I do?

Paul E. Tennison
Paul E. Tennison answered on Jul 11, 2019

You may want to consult with an attorney. This could be a case that could be solved by sending a demand letter to Aetna explaining the facts and your position that they should cover you. If that does not work you may have to litigate the issue. I recommend you bring all the relevant documents and... Read more »

1 Answer | Asked in Agricultural Law for Tennessee on
Q: On a horse trade with no contract whatsoever. What is the liability if one of the becomes sick?

I traded a horse to a gal with no contract or agreement. In fact she insisted on taking horse sooner than I wanted. 6 days later I'm notified by her horse is near death. Horse was fine when she left my care, I have pictures of the day before and pics from her on horses condition. Shes now trying to... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jul 10, 2019

With no contract, you should likely not have liability as long as you were unaware of any issues about the horses health at the time you agreed to the trade. If you did not guarantee or warranty the health of the horse, then I do not think the other party has much of a case here. If you are sued... Read more »

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