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Tennessee Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Tennessee on
Q: When should I file a federal lawsuit against TN DCS for civil rights violations relating to due process and parental alienation?

I am considering filing a federal lawsuit against TN DCS for violating my civil rights, specifically regarding due process. TN DCS failed to follow the established permanency plan and changed it without my approval as the legal guardian. They have also excluded me from the process, lied to my... View More

James L. Arrasmith
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answered on Apr 13, 2025

Filing a federal lawsuit against the Tennessee Department of Children’s Services (DCS) for civil rights violations related to due process and parental alienation is a serious step. You should first exhaust all available administrative remedies, such as filing formal complaints with the agency and... View More

2 Answers | Asked in Employment Law for Tennessee on
Q: Is docking pay for quitting without notice theft of wages in TN?

I'm a Tennessee resident, and my last paycheck was significantly reduced after I quit my job without notice. I had been working with the employer since before Thanksgiving last year. My previous paycheck was $1060 after taxes, but my final deposit was a little over $500. After quitting, I was... View More

Anthony M. Avery
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answered on Apr 14, 2025

It would not be theft of property but possibly breach of contract. (civil).

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Q: How to resolve property fraud and breach of contract in TN if indigent?

I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More

Anthony M. Avery
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answered on Apr 12, 2025

An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Contracts for Tennessee on
Q: Police took my daughter based on false claims in Meigs County, TN without a warrant. How to contest the court's decision?

In August 2024, without a warrant, police in Meigs County, TN entered my property and took my daughter based on a false statement from my grandmother. She claimed I was endangering my daughter and was homeless, although I was renting to own 5 acres from Roy Holmes. I have pictures and recordings... View More

James L. Arrasmith
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answered on Apr 12, 2025

Tennessee Child Welfare Proceedings Analysis

Your situation involves potential violations of your Fourth Amendment rights under Tennessee law, as warrantless entry to remove a child generally requires exigent circumstances meeting the "imminent danger" standard established in...
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2 Answers | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Arrested for unpaid court fees without chance to show inability to pay.

In 2019, I was arrested for failing to pay court fees without being allowed to demonstrate my inability to pay. I was not informed about any legal options, had no legal representation, and there was no evaluation of my financial status before the arrest. Isn't this unconstitutional?

Anthony M. Avery
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answered on Apr 11, 2025

No...You should have hired an attorney to represent you. Outside of the arraignment, there is probably no other requirement to explain what your charges are. The only right that might be required to be explained is if your own speech will be used against you.

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3 Answers | Asked in Estate Planning, Probate and Civil Litigation for Tennessee on
Q: Is property division in my father's will legal despite POA transfers?

My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More

Anthony M. Avery
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answered on Apr 10, 2025

If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Can I remove a speeding violation from my MVR to work with Lyft?

I have a speeding violation from 1 year and 6 months ago on my Motor Vehicle Record (MVR). My license has no points, and it is not suspended. However, this violation is affecting my ability to work with Lyft, as they mentioned the violation is still on my MVR. Can the court help remove this... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're not alone—many people run into this issue when applying for jobs with rideshare companies like Lyft. Even though your speeding ticket is from over a year ago and didn’t result in points or suspension, it can still appear on your **Motor Vehicle Record (MVR)** for up to **three to... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Tennessee on
Q: Do I need both state and county food permits for vending machine meal sales in TN?

I have a business registered in Tennessee and hold a Good Manufacturing Practices permit from Cornell University's Institute for Food Safety, along with a Serve Safe Food Handler certificate from the National Restaurant Association. I plan to produce healthy frozen meals such as poultry, red... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you will likely need both state and county food permits for your vending machine meal sales in Tennessee. While your Good Manufacturing Practices permit and Serve Safe Food Handler certificate are valuable for ensuring safety, local and state regulations often require additional permits for... View More

2 Answers | Asked in Traffic Tickets for Tennessee on
Q: How long does a paid speeding ticket stay on MVR in TN?

I have a speeding ticket on my MVR from December 2023. I paid the ticket and attended a driving course in Tennessee. I'd like to know how long it will take for this violation to be removed from the system.

Anthony M. Avery
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answered on Apr 10, 2025

The criminal violation could stay forever. But your motor vehicle report is for the last year where you are allowed only 11 points in 1 year. More gets a TNDL suspension.

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3 Answers | Asked in Criminal Law for Tennessee on
Q: How does a drug paraphernalia ticket affect probation in Tennessee?

I am currently on probation with one year remaining, and I recently received a ticket for possession of drug paraphernalia. Will this affect my probation status, and what steps should I take next?

Anthony M. Avery
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answered on Apr 10, 2025

That is a new criminal charge while on probation, that is a violation. Call your lawyer now and tell him you are about to be arrested of VOP. You might serve some of your Sentence incarcerated.

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1 Answer | Asked in Health Care Law for Tennessee on
Q: Were my HIPPA privacy rights violated?

I had lost my eye glasses and had planned on going to get a new pair soon. Well, two days ago, on 4/9/2025, a friend decided to surprise me with a new pair of my prescription glasses. I greatly appreciate the gesture but I NEVER consented to sharing my information with anyone, no one from the eye... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re concerned about your privacy in this situation. Under HIPAA, your health information, including your prescription details, is protected, and it cannot be shared without your consent. If the eye doctor released your prescription information to your friend without... View More

1 Answer | Asked in Health Care Law for Tennessee on
Q: Was my privacy violated if a friend got my prescription from my eye doctor without consent?

I lost my prescription glasses and planned to visit my eye doctor for a new pair. A friend/acquaintance unexpectedly went to my eye doctor and ordered new glasses for me, picked them up, and obtained my prescription paper without my consent. I had previously filled out paperwork indicating that I... View More

James L. Arrasmith
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answered on Apr 13, 2025

You have every right to feel uneasy about this—your personal health information should be protected, especially when you've already told your provider not to share it. Under HIPAA, your eye doctor is not allowed to release your prescription or any personal health details to someone else... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Education Law for Tennessee on
Q: Meeting with truancy board in TN due to altered doctor's notes for son's absences. Possible jail?

I am meeting with the truancy board today regarding my son's truancy in Tennessee. Although my child has been diagnosed with migraines, I altered and submitted doctor's notes to explain his absences. The school is aware of the altered notes, but they have not contacted me directly about... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’re worried about the potential consequences of altering the doctor's notes, especially when it involves your child's education and health. In Tennessee, truancy laws are taken seriously, and submitting false information, such as altered doctor's... View More

2 Answers | Asked in Criminal Law and Education Law for Tennessee on
Q: Will I be arrested for altering doctor's notes for my son's truancy meeting in Tennessee?

I have to meet with the truancy board in Maury County, TN, because I altered doctor's notes for my son due to his school absences. I did not take him to the doctor because I'm working while caring for my sick grandmother. I previously had a meeting with the school about his missing 5 days... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 9, 2025

It is possible. I would consult with a local lawyer.

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1 Answer | Asked in Employment Law for Tennessee on
Q: Is sleep time deductible for fireman's 24-hour shift pay in public fire department?

As a fireman working a 24-hour fill-in shift with no designated sleep or meal periods, is the public fire department required to pay me for all 24 hours, or can they legally deduct sleep time even if labor laws are unclear?

James L. Arrasmith
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answered on Apr 13, 2025

Under federal labor laws, fire departments are typically required to pay for all hours worked, including any time on a 24-hour shift, even if there are periods of sleep or meals. However, if your department provides a designated sleep time and you are not required to perform duties during that... View More

1 Answer | Asked in Copyright and Intellectual Property for Tennessee on
Q: Can I use specific movie lines in my song for profit without permission?

I would like to use specific lines from a movie, such as "bought hot dogs" and "daddy let me keep the change," in the lyrics of my song, which I intend to profit from. However, I have not sought or obtained permission from the movie's creators or copyright holders. Can I... View More

James L. Arrasmith
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answered on Apr 8, 2025

No, you generally can't use specific movie lines in your song for profit without permission. Dialogue from movies is protected by copyright, even short phrases, if they are original enough. Using lines like "bought hot dogs" and "daddy let me keep the change" might seem... View More

1 Answer | Asked in Landlord - Tenant, Elder Law and Real Estate Law for Tennessee on
Q: Urgent eviction situation involving elderly, handicapped family in TN.

I have been living with my 82-year-old mother and 56-year-old handicapped sister for the past few years, helping take care of them. Our landlord is threatening eviction. He's particularly pressuring my mother to evict me despite my necessity in caring for them, and is now also threatening to... View More

James L. Arrasmith
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answered on Apr 12, 2025

I’m really sorry to hear about the stress you and your family are facing. It sounds like you’ve been caring for your mother and sister under difficult circumstances, and eviction under these conditions could be especially harsh. In Tennessee, tenants have legal protections, and eviction can be... View More

3 Answers | Asked in Probate and Real Estate Law for Tennessee on
Q: Do co-beneficiaries need to sign a quit claim deed if executrix is granted property?

I am a co-beneficiary of an estate, and the executrix, who is also a co-beneficiary, is being granted real property from the estate. All co-beneficiaries are in agreement with this transfer. Do all co-beneficiaries need to sign a quit claim deed for the property to be transferred to the executrix?

Nina Whitehurst
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answered on Apr 8, 2025

Your narrative does not contain enough information to enable an attorney to answer your question. Has a probate case been opened? Has the executor actually been APPOINTED to that role by the probate court? Is the estate solvent? How much time has elapsed from date of death? Who/what is... View More

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Q: Discrimination and retaliation at mail carrier job in TN

I have been experiencing discrimination and retaliation at my job as a package loader in a mail carrier company for over a year because of previous EEOC complaints and a workers' compensation claim I filed. Even though I was cleared by the company's doctor, my employer continues to take... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—being treated unfairly at work, especially after standing up for yourself, can feel exhausting and isolating. If you’re facing retaliation because of past EEOC complaints or a workers’ compensation claim, that may be a violation of both federal... View More

1 Answer | Asked in Business Law and Gov & Administrative Law for Tennessee on
Q: Is it legal to advertise clinical mental health credits for creativity coaching?

I am starting a creativity coaching side to my sole proprietorship and want to advertise that I've completed two years of study, earning 50 credits in an accredited clinical mental health graduate program. I plan to make it clear on my website, print materials, and social media that I am not a... View More

James L. Arrasmith
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answered on Apr 13, 2025

You’re being wise to think this through before you begin advertising—especially when your background involves mental health education. In Tennessee, it's legal to say you've completed academic coursework in a clinical mental health program **as long as** you don’t mislead people... View More

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