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Tennessee Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Tennessee on
Q: I allowed my girlfriend to move into my home which I own. I want her to move out and she refuses to leave until I file

With the courts there is no lease she was just my girlfriend who I want to sever ties with

Anthony M. Avery
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Anthony M. Avery
answered on Aug 5, 2022

File a Detainer Warrant in Sessions Court for possession only. Do not get in a fight with her, or she will have leverage.

0 Answers | Asked in Uncategorized for Tennessee on
Q: Sound harassment

We are being attacked by electronic warfare from 3 neighbors.

0 Answers | Asked in Uncategorized for Tennessee on
Q: Can a lot throw my item away after my car was towed to no regards of a proper notice of how long I have to gather my

Items? I contacted the bbb about this indicent and july 14 after I was inform my item was throw away but the owner states “not maliciously “ but yes we throw this things away and July 19 I get a call saying oh they foound my things I can come get my things so I called Saturday July 23 assuming... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My sons girlfriend just disposed of appx $3000 with of my furniture that was in the house

He moved out in April and her reasoning was it was abandoned since he had an OP and had to leave. This furniture did not belong to him and she knew. Had tried to retrieve it back in Mid April with no luck. What is my next move?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 18, 2022

File an action in General Sessions Court for Conversion, Action to Recover Personal Property. Hopefully you have service information for her.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In east Tennessee is it illegal to drive any vehicle type in streams, creeks or rivers?

By driving in these water ways it promotes more pollution, damages the ecosystem and destroys natural habitats and resources. The area in question is in Sevierville Tn, Cocke county Tn.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

No. Some Parks may have specific vehicle restrictions, but they will not be limited to water crossings.

1 Answer | Asked in Uncategorized for Tennessee on
Q: We need help My wife and I had a video walk through from Florida for a new home in TN 3 weeks ago.

The property has changed since we viewed and made the offer. We do not want to take occupancy.

Bennett James Wills
Bennett James Wills
answered on Jun 17, 2022

Need more info. But you would have to look at the terms of your purchase and sale agreement to determine your rights. Consult with your agent, or better, consult with an attorney to review the facts of your situation and your documents to help guide you.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is sending a no trespass notice to someone certified mail to keep them off of your property legal in Tennessee.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 13, 2022

It will have less legal effect than posting no trespassing signs, as it would notice 1 person, not the public.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Does separation mean divorce?

Does separation mean divorce

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 9, 2022

No, very different. Legal Separations and Divorces have different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How can a father give up his rights voluntary if the mother wants him to? Does someone have to adopt the child/children?

The mother wants him to give up his rights but we don't know how to go about doing it if he doesn't give them up then she is gonna continue to be a headache and threaten him with his kids because sometimes he can't see them on weekends due to working not having a sitter or because of being sick

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

You would file a petition to terminate parental rights and litigate the issues. Consult counsel to see if your situation would qualify.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is touching somebody while angry or mad considered assault?

I've seen many cases of someone getting arrested just for yelling or screaming and it was classified as domestic assault. I've also been arrested at a younger age for domestic violence and I barely even touch somebody with the tip of my finger. So I'm wondering if somebody touches me... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 20, 2022

Assault in Tennessee includes placing one in fear of imminent danger or physical contact.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I received a letter from a credit agency for 4 medical bills for different years.

Is there a statute of limitation on collecting money for medical bills?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 15, 2022

Generally a 6 year SOL from a breach of contract to sue, unless otherwise agreed upon. Any payments started the SOL period again.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I take a life insurance policy out on myself and not tell my spouse?

I am married. I would like to take a life insurance policy out on myself without my spouse's knowledge making my son the primary and only Beneficiary. I do not want my spouse to have any knowledge of a life insurance policy. Would I have to tell my spouse?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

No requirement to inform the spouse. But you will need to conceal the payment, notices, etc. So be careful of whatever mailing address is used. You will need another alternate beneficiary besides your Son, otherwise if he predeceases you, it would go to your Estate or Next Of Kin.

1 Answer | Asked in Uncategorized for Tennessee on
Q: My grandad passed and so has my dad but in the trust it says only on my name that it’s to go To the living issue. ???

So does that mean I’m not going to receive anything and my part will go to my daughter ?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 21, 2022

You need a competent attorney to examine the Trust term. But it sounds like only your Issue will be the Beneficiary. If ambiguous, you may need to file suit to Construe the Trust, where the Trustee and other interested parties are the defendants.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Hey My friend asked me but I didn’t know, my friend received a letter in the mail stating she has a warrant but when I

But when I put her info in it says she isn’t found.. Does my friend have a warrant and what’s it for??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 11, 2022

You can call the Sheriff, who may or may not tell you if there is an outstanding Warrant. Otherwise she should hire an attorney to check it out, and turn her in, hopefully at Court where the Bond might be reduced or basically waived.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Roane county Tennessee... 14 Day notice to quit handed to self 29 January... how long before have to be out?

read somewhere that if the day came and went you had 16 days to vacate

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 9, 2022

If you have been served with a Detainer Warrant, then go to Court. Ten days after the Judgment for Possession, if you are not out, a Writ of Possession can issue for the Sheriff to remove you. But if no Warrant, then the Owner has not started the Detainer process.

1 Answer | Asked in Uncategorized for Tennessee on
Q: If I understand correctly in order to seize a vehicle reading above (in TN) 1st or 2nd offense, or just 2nd?

This would not be for DWI it would be for narcotics possession 1st offense, absolutely no priors

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2022

Forfeiture Warrants can be issued against vehicles on any drug transportation incident. It is a civil issue with the DOS. Vehicles can also be seized as criminal evidence.

1 Answer | Asked in Uncategorized for Tennessee on
Q: What is the penalty for spotlighting deer in Tennessee. I'm not a hunter, was not in possession of or own firearms

I have battled cancer for years and have been left, disabled, and financially devastated. I am trying to find ways to restart my life. I have always been interested in astronomy and was merely trying to get the best shot of the night sky. I have no idea if there were deer in the field I was... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 20, 2021

Most game law violations are Misdemeanors. But you need to hire a competent attorney to prepare for a rigorous Preliminary Hearing. Upon Dismissal, a § 1983 Suit might be filed in Federal Court, but it will be a Governmental Tort Liability Act Suit. Most Game Wardens are much more... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My vehicle was taken without my permission and wrecked. I had no insurance and still owed on the car. The place I got

The car from is threatening to put a warrant out on me... can they do that?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 20, 2021

The lender can sue you for the balance due and contractually authorized costs. If the secured lender feels you have defrauded them, a possible felony may be sought.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How long do I have to recover personal property in Tennessee?

I got out of a bad situation and the person on question still has some of my personal property. I left in May of this year and really want my stuff, I just don't know if I can still get it.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 10, 2021

An Action To Recover Personal Property in General Sessions should be appropriate. The Court should have the Civil Warrant to be filed and tried.

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