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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

2 Answers | Asked in Business Law for Tennessee on
Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 20, 2019

The name belongs to the entity- as an asset. Along with the other assets of the company that would need to be handled in a "dissolution." There is a statutory procedure for dissolution- you can likely look it up on line- if not you can get with a lawyer- to discuss your rights in a dissolution... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 12, 2019

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: If a vehicle drives the wrong way against arrows in a lane in a parking lot and hits another vehicle who is at fault?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2019

The "rules of the road" - the statutes relating to driving on highways are not applicable to an accident off of a highway- for example in a parking lot. But the directional arrow would be proof of a driver going the wrong way and could be considered for determining fault.

1 Answer | Asked in Contracts for Tennessee on
Q: Hello, I think I am being conned

A couple of weeks ago I decided to buy a different car,I went to a Kia dealership I out right bought a 2006 Kia Sorento for 4000 dollars, signed all paperwork and drove home, first thing I noticed was none of the interior lights were working and then I tried to put gas in it, it spewed back out at... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

It's hard to answer this one for you or to give advice. They may just really want to sell a car and not have to give your money back. I hate to state the obvious- but car dealerships want to sell cars and it sounds like they are trying everyone way they can to sell you one. - You need to... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Company A buys company B out of bankruptcy, then both become 1 company ~ The big agreement between both companies

Name of the company using both companies A&B detailed when & how it’s to be recognized....in company A territory:

the Co. A name followed by company B..

In Company B territory: & B name followed by company A..... bot are well known in their territory. When company B is not in... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

If your question - how do determine the correct name when a company uses different names- check the secretary of states website for the company's official name- the entity is named by the correct name. The other names are d/b/a's or "doing business as" names. So one would use the correct legal... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Mergers & contractual agreements: regarding agreement from both parties: details on how & when ea name Is to used
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2019

In a merger there is a surviving entity and the other does not. Either name or a new name could be used- by a name change. If you want to preserve both names and use one as a d/b/a you can do that as well. You also don't necessarily have to do a merger. One entity can by the assets or the... Read more »

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Leaving the scene of an accident

My husband wrecked his company vehicle into a tree after swerving when a deer jumped out in from on him on the mountain we live on. He contacted his boss and they told him they would take care of it not to contact police just to have it towed. No one else was involved. My husband did what his boss... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 25, 2019

I am wondering what statute the police are asking him to "turn himself in" under. If there was no damage done to the tree or property then I am not sure that a state statute would be involved. Pull up TCA 55-10-101, 102, 103 and 105. It is not likely that his license would be suspended. If he... Read more »

2 Answers | Asked in Personal Injury and Civil Rights for Tennessee on
Q: officer required to stop at intercetion while light and sound on to be sure is clear before moving through red light
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 24, 2019

I agree with Mr. Kollin- there really isn't a question here- unless you are asking if an officer needs to stop before entering an intersection if the officer has his lights on. The answer would be no- but the officer does need to act reasonably in entering the intersection. At the same time a... Read more »

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2 Answers | Asked in Car Accidents for Tennessee on
Q: A Person hit me and it was there fault

A

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2019

If the car had insurance then the claim can be turned into the owner's insurance company. Also make sure your company is aware of the loss. If you have insurance the claim can either be handled under your uninsured/ underinsured motorist coverage- or if you have full coverage then your company... Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a contract suspension be perpetuous?

Speaking of a Music Publishing Contract. (Entertainment Law).

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 5, 2019

I am anticipating from your question that a party is suspending performance or request for performance for an indefinite period of time - I don't have enough information to respond to your question and the contract and facts would probably control the answer. If the contract provides that either... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What happenes if seller doesn’t honor contract
Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 3, 2019

Assuming you mean Seller didn't go through and complete purchase. Your rights and remedies will be set out in your contract. First read your contract carefully or have a lawyer look at it.

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2 Answers | Asked in Contracts for Tennessee on
Q: Does Tennessee have a cooling off period for selling a home.

I sold my home and felt pressured to do so. I let them know a few hours later and they said no it was final.

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 26, 2019

There is not a "cooling off" period. But have a lawyer look at the documents. There may be conditions in the contract or other matters that would help you.

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1 Answer | Asked in Personal Injury for Tennessee on
Q: I have a vaccine injury. It occurred 5 years and a couple weeks ago, can I still file a petition or pursue legal action?

I lost consciousness (vasovagal syncope) after getting the menactra vaccine. A year later I started having serious health issues related to neurological health. I could hardly walk at one point during the sickness. I still have syncope scares/episodes that I had never had prior to the vaccine. My... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 12, 2019

It is my understanding there is no discovery rule exception - In other words the 3 years begins to run with onset of symptoms. You should still talk to a lawyer as your symptoms truly related to a vaccine may have been a later onset- Although the sites website specifically lists a vasovagal... Read more »

2 Answers | Asked in Contracts and Employment Law for Tennessee on
Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Tennessee on
Q: I got in an accident had to go to ER. Car was totaled other person was at fault. I didn’t have insurance at accident.

I didn’t have insurance during the accident and the other insurance company called and said they will not be covering my bills. What do I need to do about this, is there anything I can do?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 25, 2019

The other driver's insurance is not required to advance or pay your medical bills at this point. Some adjustors will as a courtesy- but again not required to and often times not done- so don't take that as a reflection that the insurer is denying fault or that the insurer is taking some negative... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: Who legally owns the pool and property?What legal trouble am I possibly putting myself in by serving on the BOD?

I live in a neighborhood in TN thay has a community pool. The pool and surrounding area (3 deeded lots) were created about 40 years ago and set up as a C corp. In 1983 the corporation status was revoked due to failure to pay fees and keep records. However, the deeds to the properties are still in... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 24, 2019

Without looking at the documents it would be difficult to say who the owner of the pool is. It sounds like a homeowner's association was created but then allowed to be admistratively dissolved. The pool is likely owned by the owners of the lots in common. But then again that would be subject to... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: I have a accident case going lawyer trying settle for 9,000 how much will he recieve
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 23, 2019

You should have a written contract with your lawyer that spells out fees. Either look at the contract or ask the lawyer for a breakdown of fees and expenses and a copy of the contract.

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