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Tennessee Civil Rights Questions & Answers

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

Anthony M. Avery answered on Aug 20, 2019

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on

Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She floored part of the house damaged walls ceiling and doors. Then left the state so I couldn’t sue her. I hire a collection agency to finder her. She is refuses to pay. What are my options to get the money she owes over six grand? Can I sue her in Tennessee myself what are the rule there or... Read more »

Bennett James Wills answered on Aug 20, 2019

What does the lease say about damages or venue? Your question is also confusing - did she lease property in Tennessee and move to Maine, or the other way? Typically, you sue the person where they leased the property but you will need to serve her with the lawsuit where she lives now. Here in... Read more »

1 Answer | Asked in Civil Rights for Tennessee on

Q: I just received a civil retainer warrant to vacate my apartment (I was unfairly terminated by the owners) A court date

has been set.How long will I have to vacate if I lose the case on the 23rd?

What the procedure

Bennett James Wills answered on Aug 12, 2019

If you lose on the 23rd you would have 10 days to vacate or the landlord can file a writ of possession and have the sheriff remove you. Or you could appeal within 10 days should you lose. As for the procedure - that's not a question that can be answered here as it can be complicated. You should... Read more »

1 Answer | Asked in Family Law and Civil Rights for Tennessee on

Q: if i am 16 and i want to move out do i have to be emancipated or can i legally just leave as long as i’m not in danger?

Bennett James Wills answered on Aug 5, 2019

You may be considered a runaway and you could potentially get in trouble with DCS and/or law enforcement.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee on

Q: Is it unconstitutional for an SOR to make you register as a sex offender an offense that is not a sex offense

Indecent exposure is not a sex offense in TN and does not require registration, if violation was in TN. If same violation is from another state they make you register

Cayley Turrin answered on Jul 28, 2019

If it is required in the state you were convicted in then it is required in Tennessee.

1 Answer | Asked in Criminal Law and Civil Rights for Tennessee on

Q: if i was sentenced 2 years and the judge gave me over 1000 days credit on that 2 years and i sat in jail for 5 months

i was incarcerated january sentence march got out the end of may with all that credit missed my child’s birth

Mr. Kent Thomas Jones Esq. answered on Jul 13, 2019

Your question does not make sense. If you had more credit than the time sentenced, why would you not have been on probation?

I don't think there is a lot you can do about it now, though. I would talk to a local criminal defense attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on

Q: Was is unlawful possession carry for first timers.and what if they got the guns out my house?

Anthony M. Avery answered on Jul 10, 2019

You probably got arrested/cited for Going Armed, which is a Class A Misdemeanor. That is a 11 mo/29 days possible Sentence. If LEO's took your weapons, then they may have had legal justification or they may not have. Since there is a Criminal Charge you must be careful how you demand and maybe... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Libel & Slander for Tennessee on

Q: I'm not sure who to go to. The Chief of Police made me out to be a liar on Facebook. I wasn't lying and he knows it.

I was falsely arrested and taken to the Soddy Daisy Police Department. I wasn't charged with any crime, although they did try to charge me with obstruction of justice for pleading the 5th Amendment.

I posted a comment about being Falsely Arrested on the Soddy Daisy Police Department... Read more »

Paul E. Tennison answered on Jul 3, 2019

I recommend you find an experienced attorney in the area of Constitutional rights and defamation law and consult with that attorney about what potential claims you may have here.

There are many ways to find an attorney, you could ask family or friends for recommendations, search on Justia,...
Read more »

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: Where would I call to file a criminal charge for official misconduct on tn city employee, no response from demand letter

We sent a demand letter to the city a few weeks ago and recieved no response. Whom do we contact to file a criminal complaint on a city employee for official misconduct.

Anthony M. Avery answered on Jun 26, 2019

Your demand letter in conjunction with a criminal complaint could possibly be construed as extortion. If you still wish to pursue, then call the Sheriff, then Police, then District Attorney General. Finally you have a statutory right to file an affidavit in support of being heard before the next... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Tennessee on

Q: How do these laws apply to out of state law enforcement.

Regarding carry in national parks and places (eg restaurants ) that display no carry signs

Cayley Turrin answered on Jun 19, 2019

Best rule of thumb don’t carry if you don’t know the rules.

1 Answer | Asked in Civil Litigation, Family Law, Tax Law and Civil Rights for Tennessee on

Q: How much will it cost to have an attorney look closed case up and determine if It can be thrown out? Or general info.

I've been put thru hell since last court case and divorce. I've reached out to law and or friends. I need a chance at successful life. Career advancement and i want to know about placement for witnesses for gov.

Bruce Alexander Minnick answered on Jun 17, 2019

Unless you can get a lot more specific facts about your needs you will not be able to get the interest pf any lawyers.

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Landlord - Tenant for Tennessee on

Q: Hotel Occupancy T.C.A. 67-4-4(7). Does the police not have to enforce the law whether civil or criminal?

My husband and I checked in on 8/30/2018. We have been here continuously, since. I have receipts to prove this. With that TCA, does the police not have to enforce the law as stated, even though it is civil? This hotel also turned our power off, and I know this is illegal as well, so I flagged a... Read more »

Anthony M. Avery answered on Jun 13, 2019

You are incorrect. The Police enforce criminal law violations. It is up to the citizen or the civil authorities to enforce common law, statutes and equitable principles in the Courts of our State. You may have a cause of action to sue for damages or to enjoin what you believe are illegal... Read more »

1 Answer | Asked in Civil Rights for Tennessee on

Q: I am the homeowner x boyfriend needs to go he wont. Owes his half of all may Bills. Now its June. Its my house

Paul E. Tennison answered on Jun 5, 2019

You may want to consider consulting with an attorney to discuss in more detail. If you own the home and never signed a lease agreement then arguably your ex-boyfriend was a guest and can be required to leave by you at any time. You may want to write him a letter that specifies what he owes you and... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Collections for Tennessee on

Q: No lease ,boyfriend didnt work out.he owes half rent half utilities for all may now its June he wont go.

We didnt have a lease he agreed to pay 250 rent and half utilities and food. Has not paid anything for month of may and it's now June. How do I get him out this is my house

Anthony M. Avery answered on Jun 3, 2019

You must file a Detainer Warrant on him in General Sessions. Service on him or posting is notice to quit. Just ask for possession. This is only if you intend to live there as you are not the owner. You tell the Court you are a lessee and he is a sub-lessee. If not out in ten days, you must ask... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on

Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?

Anthony M. Avery answered on May 21, 2019

Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on

Q: The police keep showing up at my home without a warrant claiming to be looking for people. Can I file a lawsuit

They keep showing up numerous times a week without a warrant searching my home and harrassing myself and company. I was nice enough to let them search the first few times they came but now they keep coming 2-3 times a week claiming they don't need a warrant cuz of an anonymous call and cuz the... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 30, 2019

It sounds like an abuse of power on their part. You should consult with a local defense attorney.

1 Answer | Asked in Contracts, Civil Rights and Education Law for Tennessee on

Q: Do I have to pay a school if I still do not have a contract after I have been asking for one?

Can I take a loss on this school that I am the only student that does not have a contract. I have finished my required hours for this trade. I started last year in May every time I ask for a contract I am referred as to "wait" or the instructor and owner says"I got you". Recently, I asked the... Read more »

Bruce Alexander Minnick answered on Apr 25, 2019

Stop, look and listen--carefully: If you received the training you went to the school for then you MUST pay for it. Using the excuse of not having a contract will NOT work. Nor will the lame excuse do any good when the school sues you.

Stop calling them about the contract. You are now...
Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on

Q: Can the police just look in your windows? Is this illegal search and seizure?

Was about to go to bed one evening, as i go to kiss my babies goodnight i notice the front door is open and my 2yr old is talking to someone. As i approach i notice it was the sheriffs dept. He began to tell me that when he knocked the door just came open and that they were here to serve a warrant... Read more »

Anthony M. Avery answered on Apr 24, 2019

You have not stated if a Charge was made. If not, forget about it, but do not conduct illegal activities. If a Charge was made then hire a competent attorney to represent you at hopefully only General Sessions, but possibly Circuit Court. At Circuit you can file your Motion to

Suppress,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on

Q: I am confused on excessive force and unlawful search and seizure how does it constitute response to resistance only?

I have filed a civil lawsuit i was denied medical denied supervisors unlawfully detained and unconstitutionally detained after following order of a officer. My arms bleeding and several request for supervisors and medical treatment after officers told me go in my home then busted into my home... Read more »

Anthony M. Avery answered on Apr 15, 2019

You may have a Government Tort Liability Action against the City/County and the Law Enforcement Agency. Contact a competent attorney to file suit, which is not a Jury Trial. However you may not have enough damages nor evidence. You have less than 1 year to build your Case and find an attorney.

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Traffic Tickets for Tennessee on

Q: Can a police officer legally look inside your vehicle if not engaged in an active traffic stop with no probable cause?

The state of TN has adopted a policy of “rolling” enforcement facilities to combat distracted driving. Can they legally look inside your vehicle, even if it is just from the outside, if you have not committed a crime and there is no probable cause to believe you have committed a crime? Is... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 3, 2019

They need probable cause to search your vehicle.

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