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Questions Answered by Mr. James Charles Wright
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... Read 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.... Read 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... Read 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. -... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: I own 79% of a Tn LLC my partners assaulted me can I remove them and sell the business

I went to pay payroll at my quarry. My partners secretly came into town and surprised me and held me at gun point taking my company truck physically assaulting me taking my laptop my card cards, then proceeded to erase my emails my domains on line trying to erase my existence in my business. I have... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 11, 2022

What you are describing sounds terrible. You should likely contact the police to report this. Beyond this as to next steps with the business- will depend on your LLC governing documents. It will have procedures relating to the management, control and operation of the company.

2 Answers | Asked in Personal Injury and Small Claims for Tennessee on
Q: I tripped over, and cut my toe open at a college campus.

I was delivering an order to my local college campus in TN and while trying to find the apartment number, in the middle of the walkway, I tripped. It looked like maybe 2 poles used to block vehicles from entering that specific path, but they were cut down to maybe 4 inches high. They were rusty,... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 23, 2022

I would suggest you take pictures of your injury as well as the location. If you are needing medical treatment - I would report this to the school and its insurer. They may provide / pay for your medical care. If you are considering a legal route-- you should contact an attorney.

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1 Answer | Asked in Contracts and Collections for Tennessee on
Q: How can a law firm say you breached a contract you never received or signed?

I supposedly have a judgement against me over $100 even though I've never seen it. The law firm called my job and talked bad about me. Then I agreed to pay $125 I kept paying it, but did not sign a contract stating I would. Last month I only paid $50 because again I didnt sign anything. My job... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 19, 2022

You are entitled to protections under the Fair Debt Collections Practices Act - including obtaining in writing the full basis for any claimed debt or debt validation. But you must write them to request.... Read more »

3 Answers | Asked in Car Accidents for Tennessee on
Q: I was a passenger in a car accident was injured what do I do I’ve never been involved in a wreck

My friend was driving when a car struck my side all airbags deployed in her 2022 Denali and it was totalled I’m confused of what to do I was hurt still am happened two days ago

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 20, 2022

I agree with the attorney from Los Angeles. You should likely discuss your rights/ options with an attorney an attorney can help you understand how your medical bills should be handled. First things- make sure to take care of your health. In Tennessee, while you have a year to file a lawsuit... Read more »

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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... Read 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... Read 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/

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: Post-Judgment Interrogatories Limitations

How far can I be excepted to travel for this and how often can they subpoena me for this? I have no assets so it seems as harassment once they are aware of that. I was sued 4 counties (>100 miles) away in Tennessee in Chancery court.

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

Without more details it is hard to answer. Look up motions for Protective Orders in Tennessee or you may need to hire a lawyer to file one for you. I am not sure whether you are entitled to relief- but that would be one avenue to approach.

2 Answers | Asked in Consumer Law and Civil Rights for Tennessee on
Q: Ive got a company calling me 18 times in the past 5 days. It is not a collection company, its a mortgage company. Help

They are not my mortgage company, and i am at the point of screaming into the phone that i do not want to talk to them. I am a truck driver so multiple calls from a company that I have nothing to do with is extremely distracting and they seem not to get the hint. I have declined their calls except... Read more »

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

It sounds like you have told them not to call you- I suggest you block the number.

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1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Car Accidents and Personal Injury for Tennessee on
Q: Personal injury claim "multiplier" to calculate pain and suffering.

Hi, I am aware that some insurance companies calculate pain and suffering for auto accident/personal injury cases using a "multiplier" between 1 and 5 depending on the severity of the injury. In preparation for considering an upcoming offer from my P&C carrier for a claim under my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 25, 2022

I don't know that there really is a multiplier- and a multiplier range of between 1-5 is pretty broad. Damages should be unique to your case- and how your ankle injury impacts you.

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: Owner of salon just sold business and new owner requires new contract to be signed by June 1st. Now does not wish to

Continue business relationship and asked me to leave. I am booth rental and have no contract with new owner, can she just tell me to leave or must she give me adequate notice?I am in Knoxville TN.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 23, 2022

if you had a contract with the prior owner/ a lease - then you may have an ability to rely upon this as to the term of same.

2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 17, 2022

I'm not sure what you mean by "testing the business and the market." if you are going to have a business you should consider forming an LLC or a corporation to try to insulate from liability.

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1 Answer | Asked in Business Law for Tennessee on
Q: Is it legal for a seller to transfer my information to another car without my permission?

I bought a car for $6500 from a seller I had to bring it back to him because it needed to be worked on, he gave me a loaner car until it was supposed to be done, he proceeds to tell me that he doesn't know what I am talking about this isn't a loaner car and that he transfered my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 9, 2022

The first car would be titled in your name or you would have paperwork where you bought the first car. The dealer cannot just "swap" the cars out without your permission.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: we are purchasing land in the state of tennesse. Is it required that we use an attorney for a simple land contract?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2022

You are not "required" to use an attorney to purchase real estate in Tennessee. However, I would encourage you to consider using a real estate agent. There may be issues you are not familiar with that a real estate agent may be able to help with. You also may want to use or talk to a... Read more »

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