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Questions Answered by Mr. James Charles Wright
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 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.

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

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 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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1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Personal Injury for Tennessee on
Q: what can do when a neighbor cut down established trees and shrubbery on my property?

He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 28, 2022

If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I was involved in a hit and run. The other driver doesn't have car insurance and was driving with a revoked license.

(per the crash report)...what is the best way to go about having him pay for my car's damages? The police have all of his information.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 7, 2022

Contact your insurance company. If you have auto coverage, you likely have uninsured motorist coverage.

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Tennessee on
Q: Hello, I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County Tn

Hello,

I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County TN, especially one that deals in auto claims and damages against government neglect. I was in a recent wreck that caused me to roll my vehicle and it was do to poorly laded gravel done by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Dec 3, 2021

You are close enough to Jackson to use a lawyer in Jackson, Tn. If you are looking for specific names let me know or call.

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1 Answer | Asked in Business Law for Tennessee on
Q: A member of our HOA owns 10 units and wants to be elected to the Board of directors. How can we prevent this?

She would have ten votes and all other Board members would have only one vote.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 17, 2021

The owner with 10 units would likely have 10 votes as a member to vote for the board members being elected. Unless the bylaws say otherwise, that owner would have one vote on the board. Each board member has one vote regardless of the number of units owned.

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