what do I do if an firm is holding money owed to me in a IOLTA and refuses to give info or release funds. The attorney who represented me now has his own firm and they have shut him out and will not provide him info after promising to release monies owed to me. I have been in this battle for over 1... Read more »
Most likely - yes, and perhaps more importantly, it's unclear whether you can sell the property without her signature/consent.This is hard to answer without actually seeing the document that created the life estate. I do not think simply "moving out" of the premises is enough to terminate the life...Read more »
Her husband has been out of the picture for 17 yrs.He said he will sign whatever i need signed.I have the Power of Attorney for care of a minor child form.But i am having a hard time with getting an audience with a judge.How do we go about being seen by a judge?So that he can officially sign off on... Read more »
A request to change a surname is a court proceeding: you have to file a written petition ( also called a "complaint" under the rules of procedure) and give notice of that filing to any persons or entities that my be affected by your petition ( and in your case, there may not be anyone else). Giving...Read more »
Yes- under the guidelines, if either parent has additional children in their home ( or other children outside their home for which they are paying support) this is a factor in the calculation of support.
Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.
Yes and No- your question is complicated. As to the sale of the property, yes, you can force them to sell and they will be entitled to one third of the net sale proceeds if your husband/their father died without a will. the more difficult part of the question is the part about deducting their...Read more »
If you have evidence ( proof for court, not just suspicions) that a child is being abused, you can file a petition ( a written request explaining your reasons and your proof) in Juvenile Court and a hearing will be scheduled where you can present the proof to the Judge. If you convinced the Judge...Read more »
Contrary to popular belief, under Tennessee law, the short duration of a marriage is not grounds ( a legal reason) for an annulment. An annulment is the procedure for having a marriage declared void/invalid because of some DEFECT in the marriage itself ( for example, underage parties, fraud or...Read more »
She took off 17 years ago and I haven't really seen her since. She has a minor child from another man long after she left. I have a child she is not the mother of. Can I file a simple/uncontested in TN
Probably not- you surely need a divorce, the problem is that in order for it to be "simple and uncontested" your wife must AGREE and sign paperwork. Your question says your haven't seen her in some time, so to get her to sign, you will have to find her and communicate. It's likely she will also...Read more »
Child support is no longer figured by a strict percentage of your income. Child support is now based on the monthly gross income of BOTH parents AND the number of days set forth in the parenting plan. There are other factors but the number of days and the parties' income are the most significant....Read more »
yes, I assume you a re talking about the forms put out by the Supreme court that say they ( the forms) can't be used if you have retirement benefits. The retirement benefits are not the problem, the problem is that dividing the benefits usually requires complicated court orders called QDROs (...Read more »
My ex wife was going through a rough time and I let her move in to help. Since she moved in I have holes in the walls my personal property has been getting damaged and of course we have been arguing to the point of having the law called on more than one occasion. She has been threatening me with... Read more »
In Tennessee, the procedure is to give her written notice to get out. If she was supposed to pay rent, she has 15 days to catch up the rent. Then you file in general session court a "detainer warrant" ( the court clerk will have a form for you to fill out). Actually, it sounds like she is not...Read more »
My wife and her friend, who lives in Kenya, created an LLC to purchase a rental property in Memphis. The LLC is listed as the owner on the title document. The friend paid the initial deposit and has been collecting all of the revenue from payments made by tenants. My wife agreed to partner with... Read more »
If the property is owned by the LLC, the "operating agreement" of the LLC controls resolution of any dispute among the owners/members of the LLC. If there is no "operating agreement," there are state statutes which control the dissolution of the LLC. It is unclear what you mean when you say the...Read more »
Strictly speaking, you should not have to go- they are seeking "possession only" ( that language is VERY important, so double check) and if you agree or have already surrendered possession, then there is no dispute and no need for you to appear. HOWEVER, as the saying goes - "better safe than...Read more »
In my experience, the judges follow the guidelines ( appellate court decisions says the guidelines have the same effect as laws passed by the legislature). The Judges are under a statutory directive to insure the child support law is obeyed. The guidelines do permit deviations, but only for a very...Read more »
A child born to unmarried parents is, by statute, in the custody of the mother. To assert any parental rights, the father must file a paternity ( now called parentage) action, get DNA testing done to confirm paternity and have the Court/Judge establish the legal relationship. This means the father...Read more »
We have an electronic record showing he authorized the work, parts and the costs. He only paid $500 for it and appears to have been trying to "flip" it for profit. It seems he's trying to cut his losses leaving us with labor and parts already paid out on his authorization.
Under Tennessee law, a repair service has a possessory lien on the vehicle for the cost of repairs- you can retain the vehicle until he pays for the work. At some point, you will need to file suit to collect the debt, and once you have a judgment, you can have the sheriff's office sell the vehicle...Read more »
The failure to list or report the debt to a credit reporting agency is irrelevant, the real issue is the statute of limitations: the legal deadline for filing suit. Beware; Local utility services are often non-profit agencies, and some have policies against allowing new services to individuals who...Read more »
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