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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Business Law for Tennessee on
Q: i am looking to sell my llc and my partner is under the assumption he will get back all of his initial startup costs

before our percentage split is this true as we dont have an operating agreement

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 3, 2024

The sell and distribution of proceeds would be controlled by statute. The statutes that deal with this are more complex- and this is a simplification: If someone is buying the entity - creditor's claims would be dealt with first. After paying creditors if there are funds left over - any... View More

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 4, 2024

You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More

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1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Tennessee on
Q: Is it possible to purchase 99% of the shares of an LLC while keeping the original owner on as a non-equity/no-owner?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 16, 2023

A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More

2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 14, 2023

I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The...
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1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: What family members have right to sue for wrongful death in Tennessee?

My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 10, 2023

I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: HOA - CCRs “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant”

We are moving out of state, and we are considering to rent our house (long term rent) instead of selling. I checked the CCRs and did not find anything about renting/leasing, except for this “No Lot shall be used except for residential purposes and except for those uses permitted to the Declarant... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 27, 2023

You should 1) check in your neighborhood - are there other long-term rentals? Is there a homeowner's association - confirm with them that they do not object to long term rentals and that there is not an amendment or change to the master documents.

Generally, this provision would...
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2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?

My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

I am sorry for the loss of your mother.

I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest...
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1 Answer | Asked in Employment Law, Business Formation and Business Law for Tennessee on
Q: Can I have people employed in one S Corp that are meant to work between 2 shared ownership LLCs?

We have 2 LLCs that have partial shared ownership, 2 people are owners in both, 2 more are owners in just one. We are hoping to have an S Corp that is owned by the 2 that own both to employ everyone that currently works in the LLCs to consolidate and simplify things for employees and compliance.... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

You could set up an entity to provide employees to both and then be reimbursed by both entities for the employees. Or the employees could be employed by one entity and when they work for the other - the other entity reimburses the first entity for the time of the employees.

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: what tennessee case law says that a party disputing contractual intent must prove neither party intended a contract?

It is my understanding that it is not enough for one party to prove he/she did not intend a binding contract but must prove that both parties agreed there was no binding contract between them. Is this correct in TN law?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 10, 2023

Both parties must agree to as to the formation of a contract - a unilateral "contract" generally would not be binding. But contracts can be formed by one party requesting an action and the other party performing and the performance is an acceptance- so your question's answer may be fact specific.

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How do I handle a potential business partner I don't really wanna pay 50 percent or even less.

I have an online business that I made with a friend but everything is in my name included the LLC but he is in a good amount of the footage that our online course provides but his name is literally on nothing except for about half of the videos. I do think he should be payed something but how do I... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 26, 2022

Your post indicates that you are the only member of the LLC and from this I am assuming all of the online content is owned by either you or the LLC. You don't indicate the agreement with this other person - and you likely should discuss this with a lawyer rather than creating another post. -... View More

1 Answer | Asked in Contracts and Civil Litigation for Tennessee on
Q: How do I follow through with a writ of possession?

I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 29, 2024

If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.

2 Answers | Asked in Personal Injury for Tennessee on
Q: I was involved in a hit and run vehicle accident. Do I have a case?

I have driver's information. A police report was filed. And their were witnesses.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 24, 2024

Yes. you have the ability to bring an action against the driver of the other vehicle.

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2 Answers | Asked in Business Law and Health Care Law for Tennessee on
Q: Do I need to have an LLC or PLLC to start a concierge Physical Therapy business in Tennessee?

Since concierge services will be provided in patients homes, am I allowed to use my home address as the business address if I own the home?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 20, 2023

In your filing with the secretary of state - you can list your home address. You can form an LLC.

The issue with the address may become a local zoning issue- as to whether you can operate this business out of your home.

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1 Answer | Asked in Business Law for Tennessee on
Q: If my 50% business partner in a LLC voluntarily withdrawals as a member what do I owe him?

Tennessee

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 11, 2023

This will depend on your LLC operating agreement. There should be provisions in relation to the withdrawal of a member.

2 Answers | Asked in Real Estate Law, Contracts and Collections for Tennessee on
Q: What type of lawyer best represents an Home Owners Association aka HOA?

We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 28, 2023

An attorney with a real estate background. I would suggest the Tennessee Law Center in Memphis.

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3 Answers | Asked in Civil Litigation, Criminal Law, Personal Injury and Traffic Tickets for Tennessee on
Q: In Sevier county Tennessee how do I get the 911 tapes and the officers video cameras from their uniforms?

If another driver has falsely accused us of being active shooters can we Sue that driver?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 7, 2023

Go to this site and make a request.

https://www.seviercountysheriff.com/public-records-request-form.html

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1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Tennessee on
Q: Am I eligible for the current Facebook class action settlement?

I received a FB notice about this settlement: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 3:18-md-02843-VC, United States District Court for the Northern District of California. After several tries by phone & email, I cannot get a suitable answer to my question from their... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 28, 2023

https://www.facebookuserprivacysettlement.com/#home

Cut and paste this link - Review this page and then there is a link to fill in a claim.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: If I have a year lease can land lord go up on rent even if my year not up
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 27, 2023

Whether your landlord can change the rate "mid-term" in the lease will depend on the language in the lease. If there is no provision allowing for this- then - no, the landlord shouldn't be able to change the rate during the term of the lease.

1 Answer | Asked in Business Law for Tennessee on
Q: Hello I manage a hotel/motel in Tennessee for a family friend. What is the law on service animals/emotional support?

We charge a fee for pets but how do we know if the guests animals are really service animals or emotional support animals since we can’t ask for proof? When people come in saying they have either they never come in with the animal so we don’t see a vest/harness even when we look on the cameras... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 1, 2023

I am providing a link to the ADA.gov website. This should answer your questions.

https://www.ada.gov/resources/service-animals-faqs/

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