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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Business Law for Tennessee on
Q: My mayor in Chatt, TN just mandated masks on everyone when in businesses with penalty of $50 or 30 days in jail! Advice?

Just wondering what I can do to combat this insane unlawful tyranny. Thanks for the webpage and help.

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 8, 2020

Can a government in a time of emergency - without declaring martial law order all citizens to wear a mask? I haven't seen a case on this. Emergency powers are pretty broad by statute. Is the statute constitutional? Or is the law overly broad? As to what you can do- you would need to hire... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: I bought a piece of property on contract till I sell my home Is it legal for owner to sell to another person

I’ve paid almost 52,000. To him

Now he trying to sell to another person

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 7, 2020

It may depend on the language in your contract to purchase. If your agreement is enforceable and you are not in breach you may be able to stop the person from selling the house again. You should talk to a lawyer.

1 Answer | Asked in Employment Law for Tennessee on
Q: How much is an employer in Tennessee required to compensate mileage for business travel using personal vehicle?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 30, 2020

You should talk to an accountant- It is my understanding Federal and Tennessee law does not require an employer to pay mileage unless as a result an hourly employee will drop below the minimum wage. A good guide is the IRS guideline on the mileage rate that can be checked on the IRS website.... Read more »

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 24, 2020

This is a hard one without seeing if there are any documents. For instance is there a loan or other set up that says when you have paid X you will sign the title over?

At this point from what I understand the title is in your name. He forged a bill of sale from you. You can contact...
Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

2 Answers | Asked in Consumer Law and Small Claims for Tennessee on
Q: is a surety bond company required to investigate a claim or can they refuse pending you prove on the front end.

dealing with a surety company regarding claim for auto fraud with an auto dealer in my area. the surety company finally responded with a letter stating they will have to have prove via DMV determination or a judgment from a tennessee court proving fraud before they will continue with their... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

There is not enough information to really respond to your question. I am not sure why if you are a consumer the reason you would be dealing with a surety company. But there is probably a good reason. You may want to contact a lawyer - rather than putting a lot of details here.

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2 Answers | Asked in Car Accidents for Tennessee on
Q: My boyfriend got rear-ended driving my car without a license in TN, other driver drove off, will my full coverage pay?

I have full coverage: collision, comprehensive, uninsured motorist coverage, rental, emergency services. My boyfriend isn't under my policy, his license is expired. He got rear-ended and hit a pole, the car is totaled and the other driver drove off, will my insurance pay? They say they... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 13, 2020

If a third party caused the accident/ was at fault- as you describe--- ran into the rear of the vehicle - then there should be coverage under your full coverage insurance. Your boyfriend also may be able to file an uninsured motorist claim to recover for his injuries.

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2 Answers | Asked in Civil Litigation for Tennessee on
Q: What rule(s) support for late disclosure of an expert witness after stage of summary judgement but before trial?

Case has had lots of lawyer turnover on plaintiff side, court has found fault with lawyers and not plaintiff. In resetting timelines, expert witness deadline got overlooked. During deposition, one of witnesses from defendant side called john doe made statement saying "X" and cited source... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 10, 2020

If you have a lawyer- then this discussion should be with your lawyer. If you don't have a lawyer and assuming you are past your expert disclosure deadline- look up issues related to rebuttal witnesses. May need to file a motion to add a witness but may not have to if a rebuttal. You... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: a witness lied to a police officer about a car accident, what do I need to do
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 9, 2020

We will need more information to provide much of a response. You should tell the truth about the accident. But not sure what to suggest without more.

1 Answer | Asked in Contracts for Tennessee on
Q: How can I get rid of a car with joint ownership.

My son and I own a car together with our names separated by the word and on the title. He couldn't get the car alone. The problem is even though he pays for it it's on my property and I want it gone. He is an alcoholic and usually is in no condition to drive it. Is there a way I can get... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 8, 2020

So you are on the loan / note for the car. I wonder who is providing / making sure there is insurance in effect on the vehicle. If your son is in an accident you will be liable as an owner of the vehicle. There is another concern in regard to further liability if your son is an alcoholic and... Read more »

1 Answer | Asked in Contracts and Child Support for Tennessee on
Q: hello i sign a contract and i used V.C. before my singature do they still have to honor the contract
Mr. James Charles Wright
Mr. James Charles Wright answered on May 26, 2020

You signed the contract indicating you have signed under duress. The other side may not "honor the contract" with the additional notation as duress can be used as a defense to the validity of a contract.

2 Answers | Asked in Car Accidents and Criminal Law for Tennessee on
Q: In a car accident, can I provide my own insurance if the car owner was not insured? I unknowingly drove an uninsured car

I am an INSURED driver, but I borrowed a friend’s car for one day when my husband was using ours. I was not aware that my friends car was uninsured! I caused a fender bender and the officer asked me to provide insurance. After calling my friend, I learned he didn’t have any. Now I must appear... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 22, 2020

You may be covered driving another's car - for instance if the vehicle is a temporary substitute vehicle for yours while it was not operable. Also if you have comprehensive coverage you may also have coverage for driving another's car. Your agent should be able to tell you - and you... Read more »

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1 Answer | Asked in Civil Rights and Criminal Law for Tennessee on
Q: Hello!If someone lives in NYC and I live in TN, can they record our conversation without my knowledge?
Mr. James Charles Wright
Mr. James Charles Wright answered on May 4, 2020

Yes. My understanding is -So long as one of the parties to the call "gives consent" then it is permissible. Since the other person "consented" it was permissible. A third person cannot record the call without the knowledge of the participants to the call.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Q: What rights do tenants have when a homeowner wants to get rid of property manager but not tenants? Just signed Lease 2.

The owner has decided to fire the real estate company but wants to keep us as the tenant. We just signed a second year long lease 03/01/2020 through the real estate manager. The real estate company said we have to vacate the house at the end of 30 days (to include all of our belongings) so an... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 25, 2020

I doubt that you have to move out or that the management company can force you. Also, in any event the Tennessee Supreme Court has extended an order restricting evictions for a period of time in light of the covid 19 issue.

2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I was in an car accident where my airbags didn't not deploy on impact. Do I have a lawsuit?

I hydroplaned in the rain across the highway and hit the guardrail going 70mph. The car had a recall on it back in 2011 for faulty airbags sensors but I just bought the car a few months ago from a dealer and they told me it was no recall on the vehicle. I was sent to the ER with a concussion and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 24, 2020

Well, you may- but you mention that the vehicle had a recall in 2011- almost 10 years ago. Tennessee has a statute of repose for products liability actions - 10 years from the date the product was first purchased. If the car is more than 10 years old and sold more than 10 years ago - then the... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: How to get power of attorney over someone thats incarcerated in another county

Do i have to take the papers to the jail for him to sign and be notarized because their notary isnt there how would i go about that? I live in tenn

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

The inmate will have to sign and the signature notarized. You may want to discuss with the jail/ prison as to whether they have a notary or if there is a way to facilitate the process.

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Contracts for Tennessee on
Q: I was just issued a detainer warrant for my, pass due rent. Can I paid the pass due and not get evicted?

We have been talking to them about what is going on and made Partial payments to try to catch up. I am wanting to know should I talk to them about it or wait. And if I have all what is owed can the still evicted us?

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 9, 2020

You would need to reach an agreement that if you paid whatever amount that you could stay and the detainer warrant would be dismissed. This would need to be in writing. You would sign, landlord would sign.

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1 Answer | Asked in Personal Injury and Products Liability for Tennessee on
Q: hello how can I find judgement's and settlements that were for myself maybe under a temp. guard or court appt. rep?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 3, 2020

It is possible to find judgments and court approved settlements. You would need to know where the case was filed- State Court or Federal. And then in what County or District. For Federal Court you can check online on the Pacer system.

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