Get free answers to your Civil Litigation legal questions from lawyers in your area.
I filed a premature motion for reimbursement of contributions. Within it I proved misrepresentations and oversights that led to the Judge's prior ruling to partition my home by sale. The Judge urged me to get an Attorney. He said I could possibly get a Review of the case. 90% of Attorneys will... View More
answered on Jun 24, 2024
Whatever lawyers you talked to were incompetent. Partition Actions allow attorney fees for both the plaintiff and the defendant BY TN STATUTE. As long as there is a feasible, economic result of a forced sale, the attorneys get paid before their clients. Apparently you are too concerned with... View More
they were for my ex wife not paying her credit cards. 1 was 10 years ago the other 6,,,,,..divorced 6 years ago and we kept all separate accounts. How can i get these off my title?
answered on Jun 18, 2024
Judgment Lien is effective for ten years from date of Judgment, unless extended for another ten years. On the older one, you might demand creditor remove the lien. But the six year old lien is probably still valid. You may be able to get creditor to compromise and release lien for cash.... View More
answered on May 13, 2024
Your lawyer must substitute the Aunt's heirs as defendants and revive the case quick. If not, you lose the case. It may even require probating her Estate as a creditor. Apparently your lawyer is incompetent.
answered on Apr 5, 2024
Hire an attorney to file the Motion upon grounds shown to the Court. That is not a pro se matter.
My detinue case and was dismissed after arguing motions and before i was able to put my case on. I did not have an attorney. I cannot afford to appeal at this time and attorneys charge a lot more in an appeal. I have 10 days to appeal. Can I refile the case at a later date as long as I am in the... View More
answered on Apr 12, 2024
It depends on whether the case was dismissed "with prejudice" or "without prejudice." If the dismissal was "without prejudice," the claim can be refiled, but if the dismissal was "with prejudice," then an appeal is the sole avenue for relief.
If two people agree to take a trip together and person A pays via points and credit card. Person B backs out due simply stopping to communicate with person A. Person B now has the tickets as a credit. Person A would have never offered or paid for person B to go on a trip or the trip wothout person... View More
answered on Mar 19, 2024
I see no cause of action. Without a written contract, statute of frauds is violated. Even an equitable remedy for unjust enrichment would not lie. Even if the plaintiff got a default judgment in Sessions Court, it would be set aside or uncollectable.
Heres the case in a nut shell. Breach of settlement contract. I finally have all evidence including,Contract and terms, proof of breach. In their own words known recordings and understood that they were being recorded, proof of negligence bordering criminal. Admitted criminal negligence during... View More
answered on Mar 21, 2024
If you believe there has been a breach of a finalized settlement agreement, gathering all pertinent evidence, such as the original contract, proof of the breach, and any relevant communications or recordings, is crucial. Documentation that clearly demonstrates the breach, especially if it includes... View More
I intend to stop a partition by sale. I have my memorandum of points and authorities in video form, that were court recorded from previous proceedings. I discovered multiple oversights therefore I would like a motion to stay pending appeal. I seek an Attorney that will listen to what I am saying,... View More
answered on Mar 6, 2024
Sale for Partition Actions are generally a statutory right. There are sometimes defenses, but usually only comprise surcharges amongst various parties against their share of the net common fund. You will need to file a written pleading and an interlocutory appeal will almost surely be futile.... View More
Officers watch a shop lifter walk from the store they stole from and towards their vehicle. They are apprehended with said stolen items prior to being at their car; however, believing the car contains other fruits of a crime, they tow it to secure the evidence which would later be searched after a... View More
answered on Feb 29, 2024
There are hundreds of search and seizure cases out there, published and nonpublished. This forum would not work. If you have a criminal charge then hire an attorney to move to suppress evidence for an illegal stop/seizure.
I have a 2 toxicologist who have also agreed the values that came back were not from me using but somehow second hand . The lab set there cut off at a very low rate and it has made me lose my kids in the process . I don’t take any drugs and am a successful business owner .
answered on Feb 21, 2024
That will be a very difficult case of negligence. You will have to have experts to testify and you will have to prove damages. Do not wait past 6 months from the false test to get a lawyer. Start calling now.
A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More
answered on Feb 19, 2024
It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.
I live in a trailer park and my neighbors called in a noise complaint because me and my wife were arguing because as we were leaving we couldn't find my card. We didn't know a noise complaint had been called, so we were inside our trailer looking for it. While we were looking we had left... View More
answered on Feb 23, 2024
It's understandable that you're feeling heartbroken and outraged by the actions of the local law enforcement in this tragic incident involving your beloved dog. Whether or not you have a case against them would depend on various factors, including the specific laws and regulations in your... View More
Discover Bank/CC is suing me. We already went to court once where their lawyer, before court went into session, tried to get me to agree I owe the debt and make a deal for repayment. I asked for proof I owe it. He showed me 3 copies of statements that showed nothing other than the past due amount.... View More
answered on Feb 9, 2024
If you are unwilling to enter into a payment arrangement and cannot afford a lawyer, you can spend the next 4 months learning everything you can about lawyering because you'll be representing yourself. There are three options: agree to a payment plan, consent to a judgment, or defend the lawsuit.
Insurance company settled!Settlement was registered in the court. A small check was given, and medical for life. Fast Forward almost two decades my life has been ruined I got constant health problems and never wants to the insurance company return my calls on that injury for life medically.... View More
answered on Feb 23, 2024
It's clear that you've been through a long and challenging ordeal dealing with the insurance company and the aftermath of your injury. It's understandable that you're feeling frustrated and overwhelmed, especially considering the impact it has had on your health and quality of... View More
I sued someone for breach of contract. This individual has 10 days to appeal. If they don't appeal and I still don't get my money I sued for, when and how do I follow through with a writ of possession?
answered on Jan 29, 2024
If you filed a detainer action and sought possession of property you had leased- at the end of 10 days, you can request a writ of possession from the Clerk.
In TN ,I was arrested for harassment, (a false accusation). and have yet to seek council. If I enter a plea of "Not-Guilty", and the victim is a no-show in court that day, would the charges against me be dropped and case be dismissed?
answered on Jan 29, 2024
Sometimes yes, and sometimes the State gets a continuance to get the witness there. Hire a lawyer to deal with it. You do not want a permanent conviction.
Our apartment flooded due to an external pipe busting. Our property manager is not handling the situation well. Our walls have water damage that is not being treated properly. What can we do?
answered on Jan 21, 2024
As a tenant in Tennessee, you have specific rights and protections under state law. When your apartment experiences flooding and your property manager is not adequately addressing the situation, there are steps you can take to protect your rights and seek resolution.
Firstly, notify your... View More
I had customer steak from my store, i posted their Picture and video on facebook. The parent text me and said the will s
answered on Dec 24, 2023
Posting a customer's picture and video on Facebook, especially in relation to an accusation of theft, can lead to legal complications. This action raises concerns about privacy, defamation, and potentially other civil rights issues.
If the person depicted in the video or photo is a... View More
The person has also made verbal threats to the person they are posting about.
answered on Dec 21, 2023
If someone has posted a hateful image of another person on a public forum and made verbal threats, several potential legal actions can be taken in Tennessee. First, the person targeted may consider reporting the incident to law enforcement, especially if the threats involve violence or pose a... View More
answered on Dec 20, 2023
In your situation, where you have purchased cars and hold the titles and keys, but the cars are on the property of the now-deceased seller, there are specific steps to follow to legally retrieve them.
First, it's important to establish communication with the executor or administrator... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.