After ten year's of default on this loan I was finally issued a wage garnishment for it. Isn't it past the statute of limitations?
answered on Aug 1, 2019
The statute of limitations is a defense that must be asserted/raised when the lawsuit is filed. If not asserted, the defense is "waived." Your question does not specify when the suit was filed, but apparently there is already a judgment against you ( the creditor can't issue a... View More 
We are still married but live in different states. He agreed to send tuition money for their school but whenever he gets mad at me he stops sending the payments and it leaves me in an unexpected whole. He said I need to let a judge decide on the payment. I tried to work with him before going this... View More
answered on Aug 1, 2019
it sounds like you need a divorce as your relationship is not working. In a divorce, the judge will set child support for children under age 18 and if needed, and your husband is able, the Judge can also award alimony or spousal support. Consult an experienced divorce lawyer for specific advice on... View More
My daughter filed claim to MIL’s estate for $5000 for loan she and husband took out to pay MIL’s burial expenses. Her attorney said it would be a “priority claim.” Probate attorney has not paid it, refuses communication with them. Also, without telling any of the other 3 heirs, made a... View More
answered on Jul 31, 2019
Possibly- on some occasions, a court will approve a private sale of property if it can be shown that the private sale is for a reasonable price. Selling at auctions will involve advertising expenses and a real estate commission ( even if the court clerk acts as the sales agent, they too will take a... View More
I pay cs directly to my husband, not through the County or through wages.
answered on Jul 30, 2019
No, when the first child turns 18 or graduates ( whichever is last to occur), the child support will need to be re-figured again using the current gross income of both parents and any changes in the parenting plan. If the parties income and parenting time have not changes, the emancipation of the... View More
answered on Jul 29, 2019
Your question does not contain enough information to accurately answer, but most likely yes- if an administrator ad litem has been appointed, they are the administrator and would have the same powers as any other administrator.
answered on Jul 29, 2019
There is no law requiring that a person hire a lawyer fro ANY reason- you can always represent yourself. However, there are no exceptions for self represented people; you are still bound to follow all the rules of procedure and evidence, so usually, trying to represent yourself on any significant... View More
My father passed away before he had it settled in court she has a grown son whom she had a restraining order against up until she passed and i don't know who is intittled to the stocks now would it be me since everything went to him and then when he passed i was his only hier I'm lost please help
answered on Jul 29, 2019
Under Tennessee inheritance law, if a person dies without a will, their surviving spouse AND the children share whatever the deceased owned. Sounds like you own half ( the half your father inherited) and the son owns the other half. However, you don't specifiy whether your father had a will,... View More
I bought our house in 2012 the same way and he did not have to sign anything. Has the law changed?
answered on Jul 26, 2019
No, the law has not changed, but title attorneys regularly take inconsistent positions on the issue of spousal rights. In the absence of a pre-marital agreement which confirms sole ownership by only one spouse, I submit that proper practice REQUIRES a spouse to sign the Deed of trust/mortgage IF... View More
My wife and I are in our late 60's.
answered on Jul 25, 2019
Yes, the school will likely require that you be named as guardian for the minor or at minimum, that you have a sign power of attorney from the parents (you would want that for emergency medical care/consent anyway). If you are not in the same school zone as the parents, the school board may make... View More
We broke our lease due to my husband losing his job and we could not afford the house. We explained the situation to the PM advised that we would be out by the end of the month. We were given a 14 day notice in which we did move out before the 14 days. Afterwards the property management never sent... View More
answered on Jul 23, 2019
There is no legal requirement for a creditor to ask for a settlement- they can proceed to enforce their legal remedies immediately .
something for my work. I am looking to file for divorce in the near future. He’s the breadwinner, and I do odd freelance jobs and am a homemaker. Will him finally paying me hurt me somehow during the divorce process?
answered on Jul 23, 2019
No- whether or not you were receiving pay for the job doesn't really matter- the proof in the divorce case would show that you have a history of employment, and therefore, you are capable of working outside the home and perhaps could support yourself - key factors when determining alimony.... View More
so my husband josh gave me the car for transportation but its in his own name. he has his own transportation is why he gave me the car for transportation for me and 3 kids. we had a small disagreement on july 21, 2019. so he supposedly had a friend come and pick up his car that I had locked from my... View More
answered on Jul 23, 2019
Yes, if he has two vehicles, and you have been driving one of them during the marriage, and you don't currently have a vehicle, I think it's likely that a divorce judge would award you that car. However, you will have to file for divorce, there would be no chance of just suing for the... View More
This was reported to codes a couple of months ago, but the drainage on my property is getting worse not better.
answered on Jul 23, 2019
The law describes this as a "nuisance" - this is a legal term beyond the normal meaning of just an aggravating situation. Take lots of pictures of the existing problem , and hopefully there are other witnesses in addition to you who can describe how the development of the subdivision has... View More
His child support. He also doesn’t have a place to live or a car. He was arrested for a felony drug charge recently. Is that enough to file a request to stop visits or ask for supervised visits?
answered on Jul 15, 2019
Those are certainly reasons to be concerned, but since your question doesn't mention the age of the child ( and lots of other factors the Judge has to consider) no lawyer can provide a guaranteed result. Will cutting off the child's relationship with her father truly benefit the child?... View More
We were separated but not legally, He passed suddenly was living with friends. I had to give permission to halt medical treatment and to cremate him. But can't get a death certificate because friends he lived with aren't cooperating.
answered on Jul 15, 2019
If he had no will and no children, under Tennessee law, you as the surviving spouse are his sole heir and entitled to inherit his estate and you also have the right ( but not the duty, if you elect not) to serve as the administrator/representative of his estate. Consult an experienced probate... View More
Buying mother in-laws house ,copy of deed shows a transfer from his 2 sisters to parents with no lien against it ,the house has never been in sisters names and has always had a lien against it-- iv been paying the payments on this property for about 8 months I now have the money to pay it off ,I... View More
answered on Jul 12, 2019
You should NOT rely on statements contained in the deed. The proper way to make sure you obtain clear title to the property is to have an experienced lawyer perform a title examination ( and maybe even "title insurance").
The property includes a bank account. Since the quit claim is for real estate, how are bank accounts outlined and settled in the Probate process? I am currenty Estate admin of the account with restricted access from the bank. What paperwork do I need to have the restrictions removed?
I... View More
answered on Jul 10, 2019
If you are the administrator of the estate, you received a document called "letters of administration" from the court clerk when the estate was opened. If you didn't get this , or if you have lost it, you can always go back to the clerk's office and get a certified copy. These... View More
answered on Jul 10, 2019
Most likely , YES, but this can't be answered properly without reading the lease agreement.
We tried to go to the child support office she wrote a letter and signed it turned it in to our case worker like we were told. Our case worked trying to say it can’t be done. I have had many friends do this. It’s preventing me from buying a house for my family. I have my kids 90% of the time... View More
answered on Jul 10, 2019
This si not something you can do without a lawyer- Child support is a requirement, it just can't be "dropped" - the Judges are required to make sure the child support law is followed. However, if you are keeping the children most of the time, the parenting plan can be changed to... View More
He comes to the property and hangs around outside. He doesn't ask to come inside, but it makes me feel as if he comes inside when I am not around and goes through my stuff. Is he allowed to show up to the property without a notice?
answered on Jul 3, 2019
Strictly speaking, the landlord is not allowed entry unless the lease provides for it, and most residential leases allow for inspections for maintanence and repairs, etc. Unless it is an emergency repair, the inspection etc would be during normal business hours. Unless you can document that he is... View More
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