Lawyers, Answer Questions  & Get Points Log In

Questions Answered by Mr. James Charles Wright

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Litigation for Tennessee on

Q: TN Caregiver, heir and only daughter. How do I counter law suit from estate?

I only had a power of attorney to pay bills for the last 2 weeks of my dads life. Dad chose hospice against my wishes and to come back home. We had an oral agreement that I thought my brother knew of to pay for a couple of sitters to help me. I was asked how much it would cost me to take care of... Read more »

Mr. James Charles Wright answered on Jun 21, 2019

I am so sorry -

Unfortunately you will likely have to hire an attorney if they have actually brought a suit against you. It sounds like you have some legitimate defenses to their claims.

2 Answers | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Tennessee on

Q: Do most insurance companies settle out of court

Mr. James Charles Wright answered on Jun 19, 2019

Yes. Most cases do settle out of court. However, this comes generally from both sides being prepared to go to trial. Insurance companies do not and should not gratitiously settle cases- "just because." They have obtained the necessary information in order to evaluate the case and the other side... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Home warranty provided ac for home owner 1year later she wants me to guarantee labor and called consumer affairs on me

Mr. James Charles Wright answered on Jun 18, 2019

I saw an early post that may be related- indicating that you had only installed a unit provided under a home warranty and charged 150.00 for the installation. it has now been a year and the owner wants you to do warranty work. Again you did not supply the unit.

It is reasonable for you...
Read more »

1 Answer | Asked in Contracts for Tennessee on

Q: Can I be sued if closing date was changed and I didnt sign new closing date contract, and ask for closing date

I lost the house I was buying because of this change

Mr. James Charles Wright answered on Jun 13, 2019

I hate to say this but... it depends.

If the closing didn't happen because you didn't sign an extension to the closing date- and you were not otherwise in breach and there was no requirement under the contract for you to extend then - although you can be sued- you should be successful....
Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: I am interested in selling Kratom soap in Tennessee. Is this lawful?

The law states that Kratom must be sold in its natural form, meaning that it must be either raw leaves or leaf powder. This prevents things like Kratom tea or extracts from being sold in TN. I'm interested in making a Kratom soap. This would not alter the plant material at all other than suspending... Read more »

Mr. James Charles Wright answered on Jun 7, 2019

Not my area of expertise-- but I believe you are correct that you can sell the leaves in their natural form. Simply suspending the leafs in a soap would seem to make sense that this would be a "natural form" as well. But I wouldn't rely upon this. I would suggest you request an opinon from the... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on

Q: If I am presently renting but I have the option of buying a home. Can I break my current lease to buy a home and not owe

Will I have to pay out my current rental agreement. I live in Memphis, Tennessee

Mr. James Charles Wright answered on May 28, 2019

This will totally be controlled by the language of your lease with an option to purchase document. If you are violating a term of the lease the lease will generally provide a default remedies provision. Also, if there is some provision that let's you out of the lease then it should be spelled... Read more »

2 Answers | Asked in Contracts and Collections for Tennessee on

Q: I received a post card from the Blount county Court Ten. Stating legal process has been issued by the court and forward

And served.

It states this is not a arrest warrant.

My docket # is CV25386 Can you tell me what kind of case this could be?

Mr. James Charles Wright answered on May 13, 2019

This sounds like a civil case where someone may be making a claim against you. You can call or have someone else call the clerk of the court (try 865-273-5400) and ask what the style of the case is.

View More Answers

1 Answer | Asked in Business Law for Tennessee on

Q: bought a karaoke hard drive on line for my wife. bought only for personal use. never used for any monetary gain.

didn't even use it. being sued by a a co. called stellar records. they are represented by a firm in milwaukee, they are asking for 8000, in 1 payment or 10000. in time payments. would be wise to ask to settle this for a much smaller amount somewhere around 750. and surrender hard drive. not... Read more »

Mr. James Charles Wright answered on Apr 9, 2019

You will likely need to talk to an attorney. If you have not used any item then you likely have not infringed on any protected work. You may have a right of action against the company that sold you the hard drive as well. You may have a number of legal defenses.

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on

Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?

Their negligence caused damage to my car and they are refusing to pay, despite me having abundant evidence. I live in Knox County and the company is also based in Knox County, but the construction and the damage was done in Anderson county. Do I need to file suit in Knox or Anderson county?

Mr. James Charles Wright answered on Feb 27, 2019

You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

3 Answers | Asked in Car Accidents for Tennessee on

Q: I was merging into the right lane from the left lane when the car in the right sped up and hit me. Am I at fault? :(

My damage is to the right passenger side rear bumper. His damage is to the left driver side front bumper

Mr. James Charles Wright answered on Feb 22, 2019

If the other car hit you in the rear this would tend to indicate the other driver has some fault. You have a duty to make sure before changing lanes that it can be done safely. If truly you were making a lane change and the other driver sped up then probably more the other driver's faut than... Read more »

View More Answers

1 Answer | Asked in Contracts for Tennessee on

Q: My landlord just sold the house I've been renting and I'd like to move. Can I break the lease?

The lease I signed with the previous owner isn't up until the end of August. I'd like to move in the next 30-60 days. I haven't signed anything with the new owner (he seems very unorganized, no management group, no accounts set up for rental payment, etc.). Am I obligated to complete the lease I... Read more »

Mr. James Charles Wright answered on Feb 18, 2019

Sounds like you can't terminate the lease on a transfer of the property if there is no language related to the transfer other than what you say.

1 Answer | Asked in Contracts and Business Formation for Tennessee on

Q: I’m in Tennessee and opened up a med spa with an Md . The Md is now saying I cannot be an owner because I’m not an md

Mr. James Charles Wright answered on Feb 18, 2019

There is a medical spa law in Tennessee.

Go to:

https://www.tn.gov/health/health-program-areas/health-professional-boards/medical-spa-registry.html

You can also call.

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Business Formation for Tennessee on

Q: Hi, I'm looking for a specific statutes outlining the legalities of starting a boxing club in TN. Thank you

So I became aware of a group that wants to start a fighting Club Boxing Club. I'm not sure that it is legal the way they want to do it. They just want to rent a space and start boxing/fighting in it. I'm looking for specific statutes that outline the legalities and specific requirements for their... Read more »

Mr. James Charles Wright answered on Feb 18, 2019

I suggest you contact the Tennessee Athletic Commission.

1 Answer | Asked in Business Law for Tennessee on

Q: TN Code Ann. 62-20-105: Need an interpretation of section e. Court Judgments can be enforced without a coll. license?

Mr. James Charles Wright answered on Jan 22, 2019

Your question is not clear to me. TCA 62-20-101 et seq. provides for licensing of business that collect debts. Subsection e allows for someone to voluntarily make a payment or in the event of a final judgment pay the judgment. The person cannot set aside the payment simply because he debt... Read more »

1 Answer | Asked in Personal Injury for Tennessee on

Q: Will my employer still pay for my medical bills if I choose to quit because of injury on job?

Mr. James Charles Wright answered on Jan 21, 2019

You should be entitled to medicals. But I suggest you speak to an attorney. Workers comp law is complicated to deal with.

1 Answer | Asked in Car Accidents for Tennessee on

Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

He was crossing the street on a marked crosswalk by riding his bike. The truck driver said he didn’t see him until he was half way thru the crosswalk and couldn’t avoid him.

Mr. James Charles Wright answered on Jan 17, 2019

If this happened Arkansas an Arkansas lawyer should answer. Generally a bicyclist on a bike is a "vehicle" not a pedestrian and the rules would apply. Whoever has the right of way in the intersection, the other vehicles will need to yield the right of way.

1 Answer | Asked in Car Accidents for Tennessee on

Q: Can I get my license back if they have started garnishing my wages?

A lawsuit was filed against me in 2008 in Sullivan county, Tn for a traffic accident in which I did not have insurance..my license was taken for non payment of lawsuit. Recently they renewed the lawsuit and have started garnishing my wages. The lawsuit is in the amount of 13,000. Can I get my... Read more »

Mr. James Charles Wright answered on Jan 2, 2019

There are really too many factors to consider to respond meaningfully to this. I am assuming from your note that a judgment has been entered and based upon this judgment your wages are being garnished. I would suggest you contact a bankruptcy attorney and walk through all of the facts.

1 Answer | Asked in Personal Injury for Tennessee on

Q: If I was cutting somebody's trees and limb fell out and hit me in the face on their property what would happen

And I had to go to hospital and get my face sewn up because it had a bunch of dead branches in the tree and a dead limb fell out of the tree and hit me.

Mr. James Charles Wright answered on Dec 22, 2018

Tennessee law is based on comparative negligence- if your injury resulted from your actions then you likely couldn't recover. The homeowner may have medical payments coverage that might pay your medical bills.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

His insurance co paid the damages but not $900+ in fees charged by the rental company. Do I need to file a small claims case in TN or where I live to try to recoup damages?

Mr. James Charles Wright answered on Dec 19, 2018

I am sorry you are going through this. I agree with the answer by Mr. Grefsent. Unless you can find the Driver or the owner of the vehicle in your state and serve them in your state- you would have to file a claim in Tennessee. You need to make sure that you may not have released your claim by... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

Of a private drive the police said since I didn't have insurance and because I was pulling out of a private drive I was automatically at fault and I am now being sued for the damages the company suing me said that I have agreed to pay the amount when I never knew they were going to sue me

Mr. James Charles Wright answered on Dec 18, 2018

Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.