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Tennessee Questions & Answers
0 Answers | Asked in Employment Discrimination for Tennessee on
Q: I missed 2 days of work with a dr statement and got fired for a job I just started.is that legal

I called in and they told me to have a dr note when I came back.i did

0 Answers | Asked in Criminal Law for Tennessee on
Q: My background check came back with a charge I was unaware of: “FY continuing criminal enterprises”. What does that mean?

I have googled it pretty extensively and everything I find comes back to drug related items. I have no drug or trafficking type charges on my record.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: What's the typical bail for embezzlement/fraud?

I spent $22,107 off of my company issued credit card. The company demanded that I pay the money back but I do no have it. Will I be arrested? And how much would bail be for a situation like this? I don't have a criminal history, not so much as a traffic ticket.

Cayley Turrin
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Cayley Turrin
answered on May 10, 2024

There are a variety of factors that a Judge needs to consider. I would be prepared to be arrested.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

Anthony M. Avery
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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

0 Answers | Asked in Identity Theft for Tennessee on
Q: Everything on my Lexis Nexis report is incorrect and and I have been denied right to file a id theft report what do I do

The report stated that my ex husband is my brother there is not one part of the family profile correct and they state that I am him

1 Answer | Asked in Criminal Law for Tennessee on
Q: What's the sentence for conspiracy ×3 in Tennessee?
Anthony M. Avery
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answered on May 9, 2024

Conspiracy to commit what crime? The actual or attempted crime is what the crime class and sentencing is derived from.

1 Answer | Asked in Contracts, Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I (plaintiff) lost in GS (Maury) 5/6. I have proof that def lied on stand thus she won. How to submit proof and overturn

I brought a complaint against a woman who sold me a home with a known latent material defect (roof). She lied on the Purchase Agreement saying no known defect. We had tons of evidence, but she simply lied on the stand and convinced the judge that she was innocent. I was pre se, which was a mistake.... View More

Anthony M. Avery
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answered on May 8, 2024

Hire a competent attorney to file an Appeal De Novo to Circuit Court. That is a new trial. You only have a few days to file it, so hire an attorney tomorrow. You should have never filed such a case pro se.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Anthony M. Avery
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answered on May 8, 2024

Apparently your case was bound over. When you get indicted by the Grand Jury, Court may arrest you or might allow you to show up at the Arraignment still on Bond. You might ask for a court appointed lawyer then. But that would be a mistake, so hire a real attorney now awaiting Indictment.

1 Answer | Asked in Criminal Law for Tennessee on
Q: what are the laws for a defendant after having an attorney dismissed from a case

I requested the dismissal of council in writing to the judge I gave legitimate reasons why I wanted the dismissal I also asked for a continuance and a different council judge granted dismissal,and continuance but refused new council and I had to represent myself at a prelim also I told him... View More

Cayley Turrin
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Cayley Turrin
answered on May 10, 2024

I would honestly hire your own attorney that you are comfortable with.

1 Answer | Asked in Tax Law for Tennessee on
Q: ID.me identity theft, fraudulent tax return, My fault for falling for "Illuminati" scam. correction will show refund

A fraudulent return was filed in my name for tax year 2022. I still need to file an amended return. I have an IRS form14457 ready to submit. I have saved all communications with the scammers. I was in a very emotionally traumatized state of mind, and I foolishly allowed scammers to take advantage... View More

James L. Arrasmith
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answered on May 8, 2024

I'm so sorry to hear that you've been the victim of identity theft and a tax scam. That must be an incredibly stressful and upsetting situation to deal with. It's not your fault that sophisticated scammers took advantage of you during an emotionally vulnerable time. Please don't... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Zillow listed my house on there site. My house has never been for sale. What can I do to have them removed the listing
Anthony M. Avery
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answered on May 9, 2024

Filing an action for an Injunction will be expensive, but would be successful. A tort damage suit would not. be. If there is a real estate agent involved, then file a complaint with the commission, which should get some results.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

Anthony M. Avery
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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

0 Answers | Asked in Employment Law and Civil Rights for Tennessee on
Q: I want to store my handgun in accordance with T.C.A. Section 39-17-1313. My employer's employee guidelines prohibit it.

In my company's employee guidelines, it says that we may not store our guns on the company property - to include the parking lot. This has not been updated with since the change in T.C.A. Section 39-17-1313 in 2021. I want to know what my rights are and if I can legally do so regardless of the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: Can someone name 2 persons (daughters) as "co-attorneys in fact" in their Durable Power of Attorney document?

My 92 year old father is updating his estate planning documents after the passing of my mother. He wants to appoint both myself and my sister as co-attorneys in fact since we are both helping him with his financial and medical affairs. He doesn't want to name one person as primary and the... View More

Nina Whitehurst
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answered on May 7, 2024

There is no law that prohibits co-attorneys in fact. However, conventional wisdom is to avoid it because having co-attorneys in fact can become unwieldy, especially if they get sideways with each other. If they must act together and they are unable to work together then the effective result is... View More

0 Answers | Asked in Agricultural Law for Tennessee on
Q: I raise 3 sheep & obtained a small business license to sell their wool products. Can this satisfy Tn Code Ann 67.6-301?

I only have 3+ acres. I also raise chickens and sell their eggs at the local farmers market. I have meat rabbits and plan to sell their manure for growing plants at the farmers market also.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Can a title loan company or their repossession company refuse to allow a person to retrieve personal belongings repodcar

Car was repossessed after defaulting on title loan after missing two payments. Repossession agent called my mother after 9pm at night and told her if I didn't meet him by midnight that night to sign a "payment plan" for missed payments then I would have a felony warrant for my arrest... View More

Anthony M. Avery
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answered on May 6, 2024

Ask again to get your property. Otherwise you will have to file suit for an Action to Recover Property and/or Conversion in General Sessions Court. Be certain who it is that has your property, as you may have to sue two defendants. Loan co. will have an agent for service of process.

1 Answer | Asked in Immigration Law for Tennessee on
Q: If a person has some csr complaints against him. If he get a foreign job, he will get police verification or not ?

Does it affect his foreign employment ? If a csr complaint against a person is pending he is eligible to move to a foreign country or not ?

James L. Arrasmith
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answered on May 6, 2024

If a person has some CSR (Customer Service Representative) complaints against them, it would generally not directly impact their ability to obtain foreign employment or move to a foreign country. CSR complaints are typically handled internally within a company and would not show up on a criminal... View More

1 Answer | Asked in Immigration Law for Tennessee on
Q: I currently have an EAD card through a pending i485 and i130 that expires in September. I’m switching to filing an i360

What category should I be filing my work permit under? Should it be a renewal (c9)?

James L. Arrasmith
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answered on May 6, 2024

Based on the information you provided, it seems you are currently holding an Employment Authorization Document (EAD) based on a pending I-485 (Adjustment of Status) and I-130 (Petition for Alien Relative). However, you are now planning to switch to filing an I-360 (Petition for Amerasian,... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: In TN can you withdraw guilty plea and or appeal conviction. Based on inadequate counseling and threaten by said counsil
Anthony M. Avery
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answered on May 6, 2024

You can file a Post Conviction Petition for ineffective assistance of counsel. SOL is a year.

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