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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Libel & Slander, Personal Injury, Sexual Harassment and Adoption for Tennessee on
Q: if I signed something while under the influence of something &also having a mental disability & didn't understand

i was lied to about everything from the beginning! first medical purposes only then I got a letter in the mail saying that I owed child support weeks and weeks later when the ones helping me with the child told me the reason they were offering me their help was because they could afford it and they... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 29, 2020

The law presumes people understand and read what they signed. Otherwise it would be really hard to enforce contracts. All someone would have to say is "I didn't understand" or "I didn't read."

On the other hand if you have a mental disability that would...
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1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: I have a land contract with a private seller. Do I have recourse for damages due to poor workmanship?

I had an emergency situation when the hot water heater burst causing flooding and damages to the hardwood floors, the sub floors, and the tile floor adding up to over thousands of dollars in repairs. Upon inspection it was noted that the water heater which was installed when the house was built by... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 27, 2020

You are describing an owner/ builder financed house you have purchased. Hopefully you obtained homeowners insurance. You should first report this loss to your insurer. The insurer should more promptly deal with repairs than a lawsuit or claim against a third party.

As to a claim...
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1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: If worker’s compensation denied my claim and offered a settlement. Can I also get short term disability? double dipping?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 23, 2020

If Worker's Comp denied the claim on the basis that the injury didn't occur in the course and scope of employment and therefore was not a covered claim but then offered to settle - then you might be able to claim disability. The settlement should confirm that the Comp carrier / employer... View More

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: My mother in law recently passed. According to the Husband(father) there was no will. However, the children were told

There was a will by the mother. What can they do to find out. This is a large estate that includes a business they all work for.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 15, 2020

If there was no will - then any children she may have would inherit a child's portion of her estate. If she had an attorney you can check with the attorney to see if there was a will. Someone should probate the estate - for now without a will - The estate and perhaps the heirs will need a lawyer.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I gave out my social security number at a desposition should i be worried
Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 15, 2020

For many many years people gave out personal information in depositions. In my 40 years of practice I haven't seen this as an issue. However, we are living in times where we need to be more protective of our personal information. In more recent years lawyers have allowed this information to... View More

1 Answer | Asked in Business Law for Tennessee on
Q: Can I sue a business partner for expenses that were accrued on my personal credit card before the formation of the llc?

I formed a business with 4 other individuals. We have decided to dissolve the business. We have split the debt (accrued before and after the formation of the llc) equally. The charges were made on 2 partners personal credit cards. We all have made monthly payments on the card. I have informed... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 12, 2020

You can file a suit- but in the suit they will be entitled to request copies of any proof of the debt- which may include the credit card statements.

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Q: How can an Architect w/ his own Firm (S-Corp, Prof. Corp.) in TN have a 50/50 financial partnership w/ a non-Architect?

Can he be a 50/50 shareholder?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 12, 2020

Look at TCA 62-2-601 and 602 - This explanation is from the State's website: A corporation, partnership, or firm offering architectural, engineering, or landscape architectural services to the public may engage in the practice of architecture, engineering, or landscape architecture in... View More

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Legal Malpractice for Tennessee on
Q: As a Notary, can you create legal documentations such as lease, living will, etc. as a service in a small business?

like sites such as Formswift, etc.

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

a Notary can notarize documents. A notary should not create legal documents.

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: Lenders inspection

We have all in my building just received a notice they're doing a lender's inspection next Tuesday the notice States the tenant must stand outside while they're doing the inspection they cannot legally make me do that can they I'm not real happy about that and I do not have... View More

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

Look at your lease. Whatever rights the lender or owner may have to inspect would be included within the lease.

2 Answers | Asked in Banking, Consumer Law and Contracts for Tennessee on
Q: If I sign a bank loan application and it states we intend to service your loan am I to understand I am approved?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 10, 2020

No. I agree with the response that came earlier. The bank will go through a review process. You should stay in contact with your lender as to the process and timing. Lenders are incredibly busy these days in light of interest rates and other economic factors.

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1 Answer | Asked in Employment Law and Personal Injury for Tennessee on
Q: Do I have a case to claim relocation expenses and stress of relocating family with 2 disabled kids?

I was given an offer letter with relo bonus and told to relocate asap. Sent a new laptop and announced as a new hire to my team. After moving and less than a week before my start date, I inquired about my pending background check. then the company started moving my start date back (twice). Once the... View More

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

Tennessee is an at-will employment state - but if you have an offer letter where the company agreed to pay for certain items and you were told to move as part of this you may be entitled to recover for the relocation expenses.

1 Answer | Asked in Legal Malpractice for Tennessee on
Q: Should I report my attorney?

This past January, I was involved in a car accident. I went to the emergency room and attended all of my therapy sessions. I call the law office every so often for updates. They always say it’s going to be 6-8 more weeks. (Say this every month) It is now September. Now it’s a different story... View More

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

One of the biggest issues, as I understand it, for clients is lawyer timely communicating with their clients. It is a tough area- the lawyer does have other cases- but does need to communicate. the client has only one case- and wants communication in a process that doesn't often move at a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Tennessee on
Q: I am in a rental lease that ends in June. My husband is being transferred out of state in two weeks for work.

Is there any legal way to get out of my lease for a job transfer?

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

Contact the landlord- The lease will control and it probably doesn't provide a way out under the circumstances. But most landlords will work with you - if you give them enough notice to find someone to replace you. So you may have to pay a couple of months rent. Some people are not paying... View More

1 Answer | Asked in Business Law for Tennessee on
Q: can a member who never signed operating agreement take control of the company

An investor never signed the op agreement it's been a year and a half his attorney wants to change the entire agreement and take control of my company in Tennessee

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 14, 2020

I can't tell if the member just never signed or has been objecting for a year and a half as to the contents of the agreement. Lot of details needed to be able to respond to this meaningfully. For instance does the "member" supposed to have a controlling interest- investment. How... View More

2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 5, 2020

I am not aware of a prohibition on clauses that auto renew in contracts. But haven't researched the issue either. I believe there is at least one state that does restrict(and there may be others) so you would need to be careful whether you are contracting with someone in a state that may... View More

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3 Answers | Asked in Personal Injury for Tennessee on
Q: Who is responsible for any persons hurt by a utility line down on the road that they have drove over?

I was injured by a power line while on the back of a motorcycle it was layed across the road brought down by a tree.

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 4, 2020

The utility may be- but there has to be proof the utility knew or should have known the line was down and for a sufficient time that the utility could respond. If the line went down as the result of storm- and had just fallen the utility generally wouldn't be liable.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I was hit by a Shelby county truck as he was pulling away from a drive up window. I was in motion going around the line.

Driver turned his wheel away from the window to exit and drove right into me. A witness from the Starbucks said he couldn't have seen me. My sedan is half his height. They are denying my claim. I have no copy of their report, no one from their insurance has come to take my statement or witness... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 3, 2020

You need to make sure your insurer is aware of the matter regardless how it ends up being handled. You don't want to prejudice your insurer. Beyond this - if the County isn't going to voluntarily pay - you will either need to let your insurer handle or file a lawsuit against the County.... View More

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I live in Tennessee, and I sold a suv to son an daughter-inlaw and they stop making payments
Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 3, 2020

I am not sure as to the question. If they stopped making payments and you want to collect you may have to bring a lawsuit against whichever one or both that bought the vehicle in order to collect. Your rights will either be based upon common law remedies - or upon your contract - if you have a... View More

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... View More

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