Get Free Answers From Experienced Lawyers!
Have a Legal Question?
Lawyers, increase your visibility by answering questions and getting points.
Answer Questions
Tennessee Civil Litigation Questions & Answers
Q: How can I access police records and belongings in my son's TN homicide case?
I live in Arkansas, and my son was killed in a hit-and-run accident in Memphis, Tennessee, on June 16th. I am trying to obtain police records and video surveillance related to the case. The detective has been avoiding our calls and only texted once to say the investigation is ongoing, leading me to... View More 
Stephen Arnold Black
answered on Jul 9, 2025
answered on Jul 9, 2025
My sincerest condolences on the loss of your loved one.
To begin handling your deceased son's affairs, you’ll need to file a probate case in your state to be appointed as the executor or personal representative of his estate. In some states, if the deceased passed away without owning... View More
Q: Is it legal to register an old illegible survey changing property classification in TN?
I purchased land in Tennessee classified as agricultural, and a 23-year-old illegible survey that was not done for me has suddenly changed my property classification to a subdivision with restrictions. This change happened 3 years after my purchase and without any notification, by the... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2025
What is the Chancery Court Case for? Apparently one of the Parties filed the subdivision plat for recordation for some benefit in the litigation. If it was okayed by the proper County officials, then it was legal to file it of record. Did you check the title before you bought the property?... View More
Q: Family member disputes driveway access after 30 years. What can I do?
I have been using my driveway for 30 years without issues, but recently a family member claimed that the part of the road my driveway accesses belongs to him and is preventing me from using it. The property accessors recently pinned the property boundaries, and I have not received any legal notice.... View More
Michael R. Stooksbury
answered on Jul 8, 2025
answered on Jul 8, 2025
Unfortunately, if negotiation is not possible with this family member, you may be forced to file a quiet title action to prove the land is yours. You would likely receive an injunction at the outset so you could use your driveway in the meantime. Based on the longevity, I believe you have a... View More
Q: Question about subrogation in funeral home lawsuit settlement, Tennessee. Is withholding $10,000 valid without physical injury or notice?
In 2020, my husband passed away, and the funeral home mishandled his body, leading me to file a lawsuit, which recently settled. Upon signing the settlement agreement, my lawyer informed me that he is withholding $10,000 in case there is a subrogation claim. He never mentioned subrogation... View More
Mr. James Charles Wright
answered on Jun 30, 2025
answered on Jun 30, 2025
On occasion, lawyers may hold in escrow an amount for potential subrogation claims or hold money pending the negotiation of a claim. For instance a creditor claims it is owed $10,000.00 but the lawyer negotiates the amount down to a lower number. Without more facts, I am not sure what subrogation... View More
3 Answers
| Asked
in
Entertainment / Sports, Employment Law, Contracts and Civil Litigation
for
Tennessee
on
Q: Parents withdrew NIL deal money, limiting access; legal actions?
I am a college baseball player who received a NIL (Name, Image, and Likeness) deal for $10,000. Today, my parents withdrew all the money from my account, even though I am over 18. There were no specific terms or agreements regarding this money. They stated that they intend to give me only $100 per... View More
Michael R. Stooksbury
answered on Jun 27, 2025
answered on Jun 27, 2025
Without a review of the documents and facts surrounding this matter, it is impossible to give a definitive answer to your question. Generally, absent a contract or guardianship/conservatorship to the contrary, your parents lose control over your actions, at least so far as contracts are concerned,... View More
2 Answers
| Asked
in
Divorce, Contracts, Criminal Law, Civil Litigation, Personal Injury and Family Law
for
Tennessee
on
Q: Forged signature and mortgage by husband in Tamil Nadu; repayment required?
I am a Muslim woman married for 23 years, with a 21-year-old son. My relationship with my husband has deteriorated in recent years, and divorce is one option I'm considering. My husband has forged my signature on stamp papers to mortgage my property. Initially, I signed for a loan of 5 lakhs,... View More
PREMIUM
Stephen Bilkis
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2025
It is deeply concerning to learn that your signature may have been forged to take out a mortgage in your name without your knowledge or consent. Under New York law, forged signatures on financial documents, including mortgage agreements, are considered legally invalid. A mortgage agreement must be... View More
2 Answers
| Asked
in
Gov & Administrative Law, Civil Litigation and Constitutional Law
for
Tennessee
on
Q: Train frequently blocks private crossing, blocking emergency access in Tennessee.
I live at a private railroad crossing in Tennessee, and the train frequently blocks our only way in and out for hours at a time. This affects not only me but also other residents in the area, creating a potential hazard since emergency vehicles cannot reach us, and there is no alternative route.... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025
I know of no possible remedy. Railroad either has an easement or owns the land where the road crosses the track. Either way is superior to any access you might claim since it is not blocking access all the time but only when the RR uses that track. Did you not search your title before you... View More
Q: Facing assault charges despite self-defense and misleading police report.
I've been charged with assault (Class D) after defending myself from an attacker at my home. The police report alleges that I stabbed him due to losing the fight, but there are inaccuracies, and I believe I'm being railroaded as the attacker might be a police informant. I provided my... View More
Kent Thomas Jones
answered on Jun 5, 2025
answered on Jun 5, 2025
There are many variables in your case that could make it either difficult or easy. On your side, you do have the fact that you were stricken by the bar. It does not help that the police report did not include that. You will have to get that in with witness testimony and certified records. Are... View More
Q: Will bankruptcy stop a car lease lawsuit in Tennessee?
I am being sued for not paying for a car that I am no longer leasing. I returned the car, but did not receive any documents upon returning it, and now they have issued court payments against me. I called the car dealership when I decided to return the car but received no written acknowledgment.... View More
Michael Hollins Sr.
answered on Jun 3, 2025
answered on Jun 3, 2025
If you're being sued because you didn't pay for a car you leased and then returned, and you're thinking about filing for bankruptcy because you don't have money, bankruptcy will likely stop this lawsuit and get rid of the debt in Tennessee.
In most cases, when you file... View More
Q: Will bankruptcy stop a car lease lawsuit in Tennessee?
I am being sued for not paying for a car that I am no longer leasing. I returned the car, but did not receive any documents upon returning it, and now they have issued court payments against me. I called the car dealership when I decided to return the car but received no written acknowledgment.... View More
David Luther Woodward
answered on Jun 3, 2025
answered on Jun 3, 2025
Section 362 of the Bankruptcy Code enjoins all creditors from collection activity during the pendency of the case. Creditors can seek relief from the injunction, but it must be on good and valid grounds. They can also seek reaffirmation of the debt.
The best answer to your questions is to... View More
Q: How can I address burn permit and reckless burning charges in court?
I started a brushfire that accidentally damaged two of my neighbor’s trees, resulting in charges for not having a burn permit and reckless burning. My neighbor called the authorities, and I am now in court. I plan to replace the damaged trees and would prefer to perform community service instead... View More
Kent Thomas Jones
answered on May 21, 2025
answered on May 21, 2025
You have the right to an attorney. You have the right to not say anything incriminating against yourself. You just came on a public website, which is not good. You should wait for the hearing. At the preliminary hearing, the standard is Probable Cause. That is very easy for the District... View More
Q: Seeking compensation from pipeline company for septic system damage and increased costs.
I own a rental home where pipeline workers damaged the septic system before Easter, leading to sewage flooding. This has occurred twice now. The pipeline company has acknowledged responsibility and is covering cleaning and home repair costs. However, my tenants will need to connect to the sewer,... View More
Kent Thomas Jones
answered on May 13, 2025
answered on May 13, 2025
I would get a good local attorney. You are probably sue them for negligence and recklessnes. You may be suing them for an intentional action, depending on whether they saw your sewer and just ignored it. The damages could be extream. Either they need to reconstruct your sewer or put them on the... View More
2 Answers
| Asked
in
Real Estate Law, Civil Litigation, Workers' Compensation, Nursing Home Abuse and Personal Injury
for
Tennessee
on
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
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Q: How to ensure cremation decision with durable power of attorney in TN?
I have durable power of attorney for healthcare for my deceased mother in Tennessee, which I understand gives me authority to make funeral decisions. My brother, with whom I haven't had contact in years, is opposing the decision to cremate her, despite me having already paid for the service.... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025
The POA terminated at principal's death. You can go to Chancery to have your Mother's express wishes ordered. Outside of that you probably have no authority. You may be able to find another cremation service, but your Brother may sue everyone involved but damages would be limited.... View More
2 Answers
| Asked
in
Business Law, Civil Litigation, Libel & Slander, Contracts and Personal Injury
for
Tennessee
on
Q: Does neighbor's interference with property sale constitute tortious interference?
I have a business and property for sale, and a potential buyer backed out on the day of closing after receiving a call from my neighbor, who wanted to buy the property but made a low offer that I refused. The neighbor persuaded the buyer not to proceed by saying they wouldn't allow parking.... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2025
There may be a boundary or easement dispute, which is at least a cloud on both titles. You may try to make such a tort suit, including slander of title, but it will be very difficult. Collection might be impossible. Access to your business is what is important, not selling the property, so... View More
Q: Is it illegal or unethical for a lawyer to edit evidence?
I'm concerned about a situation in Jamestown, TN, where a plaintiff's lawyer may have edited a defendant's email and attached it as supporting evidence in a contempt of court order. This has not yet been brought to the judge's attention. The defendants were charged with contempt... View More
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2025
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2025
It would be unethical, and probably a felony, to tamper with evidence. However the defendants should be able to produce the original email prior to tampering. Their lawyer needs to get in gear on this and let the Judge decide what he wants to do about it.
Q: How long is the tolling law good for that is past the statue of limitations of 6 years on credit card debt in Tennessee?
This is on a credit card from 18 years ago that I have no records of.
Kent Thomas Jones
answered on Nov 26, 2024
answered on Nov 26, 2024
In the State of Tennessee, the statute of limitations for breach of contract is six (6) years. There are certain ways that the creditors can obtain proof that you admitted the debt within 6 years. It could be a writing that you sent or it could be a recorded call with an admission. If it has... View More
Q: Do you have to pay parking tickets issued by a public university? What can they do if you don’t?
I’ve received a few parking tickets from the University of Tennessee. I was wondering what would happen if I don’t pay them and if there are any repercussions to not doing so.
PREMIUM
Anthony M. Avery
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024
Parking Tickets are rarely moving violations, so do not go on your MVR. You can be sued for the money, and if the same Court that hears your Parking Tickets also has a Rule of the Road Violation before it, you will have to pay the Parking Citations prior to dealing with the other Offenses cited.
2 Answers
| Asked
in
Civil Litigation, Identity Theft, Internet Law, Civil Rights and Health Care Law
for
Tennessee
on
Q: Can I sue a company?
Can I sue a company for sharing my personal email without my knowledge or consent? I got an email from the company saying that they shared my information without my consent. Information such as my IP address and parts of my medical records were included in this information which has led to identity... View More
PREMIUM
James L. Arrasmith
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
Based on the information provided, it appears you may have grounds for a lawsuit against the company. Here's a brief analysis of your situation:
1. Unauthorized sharing of personal information: The company shared your personal email, IP address, and parts of your medical records... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
