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Tennessee Questions & Answers
2 Answers | Asked in Contracts and Intellectual Property for Tennessee on
Q: I have a dispute with my publisher over editing. Can I get out of the contract?

The editor has gone far beyond normal practices in actually rewriting parts of the manuscript, adding unrealistic dialogue, and changing characters.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2019

Depends on the terms of the contract. Contact a local attorney to review your contract to best determine your options.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Not by my choice, My 2 stepdaughters and i now own 1/3 each of the house that i have lived in for 30 thirty yrs...

I am wanting to downsize and sale. Are they legally bound to accept 1/3 of the agreed on selling price less their contribution expenses for the last 12 years since their father..my husband passed?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 18, 2019

Yes and No- your question is complicated. As to the sale of the property, yes, you can force them to sell and they will be entitled to one third of the net sale proceeds if your husband/their father died without a will. the more difficult part of the question is the part about deducting their... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Tennessee on
Q: If I have a misdemeanor theft charge from 7 years ago that was expunged and deferred, does 1st charg I get a 2nd charge,

Does 2nd charge count as 1st charge? Does 1st charge exist? Can the 2nd charge be deferred also?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 16, 2019

I think that you got it reversed. If you do diversion, then your sentence is deferred, then expunged. Regardless, if a record is expunged, then it is not a charge. So, yes, your next one would be a first.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How do i get a court date for an inmate that violated his parole? Failed drug test.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 15, 2019

Unless you are an attorney, then you are going to have problems getting a court date for someone you know. Generally speaking, in some jurisdictions there may be something like a 10 day rule before they have to go before a judge. Only an attorney who knows the judge and the jurisdiction well will... Read more »

2 Answers | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: Received a citation for no insurance during a lapse in my policy. The day after I purchased insurance. Court date soon?!

I have never been in an accident/never received a ticket before. I stopped my coverage due to car repairs ~awhile~ back and being a full time university student I let my self slip in the financial responsibility. I didn’t have insurance during the time of being pulled over but not even 24 hours... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 14, 2019

You did the right thing it getting insurance. In most of the courts that I go to, they will be okay with you if you have proof of insurance by your court date. Make sure to bring it with you to court.

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Tennessee on
Q: Is there a lawyer that will take my case for theft / unauthorized use of a vehicle?

My daughter stole my car when I was out of town she in fact found my spare key and took my car and wrecked it then she left the scene of an accident I am having a hard time with my insurance as I have stated before she did not have permission and in fact stole my car is there anyone that will take... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

It's up to you, but you could contact an attorney and discuss the matter. Keep in mind that any decisions you make out of anger could haunt your daughter for the rest of her life. Good luck

Tim Akpinar

1 Answer | Asked in Probate for Tennessee on
Q: Someone has been made administrator of estate for probate. Family living in home but as far as we know there is no

rental or lease agreement. How do you go about getting them evicted so property can be secured? How much time is given to the individuals to move out once served with eviction notice?

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2019

Either the Administrator or the actual Heirs at Law need to file a Detainer Warrant immediately. Hire a competent attorney to get it going. The Detainer must be filed, served or posted, a Judgment for Conviction procured, and if the occupants are still there 10 days after the Judgment, a Writ of... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My daughter was made administrator for probate. People live in house but she needs to secure. How does she go about

getting eviction notice done and served? How much time is given to the family to evict?

Nina Whitehurst
Nina Whitehurst answered on Nov 14, 2019

Your daughter should engage a landlord-tenant eviction attorney to help her carry out the process of eviction legally. The amount of notice that must be given to the existing tenants depends on the duration of the lease.

1 Answer | Asked in Child Support for Tennessee on
Q: The state of Tennessee has been locking my boyfriend up over a child that doesn't belong to him I

He is incarcerated right now what can I do to make the state stop incarcerating him over something he didn't do

Bennett James Wills
Bennett James Wills answered on Nov 14, 2019

One needs much more info to answer this question. Consult a local criminal defense attorney to discuss your options.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How do we start the process of forcing a sale? We can't afford a lawyer so how do we contact a court to get it started?

This is an ex girlfriend that refuses to sell the house, is a co-signer, but hasn't made any payments since Feb. Has ruined his credit because of it. He hasnt lived there for close to 3 yrs

Anthony M. Avery
Anthony M. Avery answered on Nov 14, 2019

You will need a competent attorney to file a Petition for a Partition. It is not something you can do on your own. If the Note and Deed of Trust is too high, then no Partition Sale is possible.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord still file a writ of possession after you went to court and paid the rent
Anthony M. Avery
Anthony M. Avery answered on Nov 13, 2019

Yes and the Judge may issue it. If so the Sheriff will check to see if you are out or remove you. If you feel you overpaid, you can sue for the money and/or a security deposit.

1 Answer | Asked in Child Support for Tennessee on
Q: I have to go to court for back child support. My son died in 2007. what can i do?

I have cut the arrears in half the last 5 yrs but my depression has made my quality of life unbearable.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

You might try talking to a competent Bankruptcy Attorney about filing a Chapter 13 and making payments for 5 years. It would be alot of work right now. But if the amount of arrearages is enough, and you work steadily, it might discharge it completely in five years. It is much better to trade... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Plead guilty dui 2nd offense in TN. Current license & resident in AR. Will AR license be revoked or just TN rights?

Following conviction received notice from TN Homeland Security that license, driving privilege, & privilege to obtain license is revoked per 55-50-501. Further states it is illegal for any resident or nonresident to drive in tn under a license issued by another jurisdiction. It request submittal... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

TN Department of Safety can only suspend the License it issues. But the Court and/or DOS can (and usually does) notify the issuing state of the DUI Conviction here. Your lawyer should have already told you this way prior to the conviction. If your License is not suspended, you still cannot... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 12, 2019

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

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1 Answer | Asked in Family Law and Child Custody for Tennessee on
Q: My granddaughter is living in filth and is being made to share her room with my daughter’s boyfriend’s son

The boyfriend has been charged several times with abusing women including my daughter and doesn’t work. What can I do????

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 12, 2019

If you have evidence ( proof for court, not just suspicions) that a child is being abused, you can file a petition ( a written request explaining your reasons and your proof) in Juvenile Court and a hearing will be scheduled where you can present the proof to the Judge. If you convinced the Judge... Read more »

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: How soon after being late on car insurance can they cancel your policy?

I've been with Progressive over 15 years. No accidents, no tickets and never late. Somehow I was late last month. I went to pay November early as I always do and it said canceled, I never received anything from them. They said they canceled because I was 15 days late. Due on 15th, claim they sent a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

You need another Insurance Company today. Would you trust Progressive to honor a claim now? Unless you had an accident, forget about it. You have no cause of action.

1 Answer | Asked in Criminal Law and Constitutional Law for Tennessee on
Q: How does a citizen get help when a officer enters property with no reason

A officer pulled into a private drive way and questioned the 2 men in the truck and physically pulled them out of window put in police car and took to jail, NO CRIME WAS COMMITED No one called ask for police to pull in to property, pleaced the passenger on a outrageous charge of Cocain not a drop... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

It may well have been a legal stop, but a motion to suppress should be plead anyway. The LEO will claim he had knowledge of a contraband transaction, and apparently he was correct. The Defendant needs a competent attorney.

1 Answer | Asked in Consumer Law and Collections for Tennessee on
Q: I was served papers by a debt collector to appear in court. Do I need a lawyer and why?

I gave a credit card company the run around when it was time for payments due to the fact that I was currently going from job to job and wasn’t in any position to pay. My account was sold to a debt collector. Now I have papers to appear in court.

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2019

A decent lawyer should examine the Statute of Limitations, any Defenses, Compromises or at least work out a Slow Pay Order. If nothing else he should inform you of Exemptions. Garnishments will follow the Judgment now and in the future.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you pay off your Chapter 13 Bankruptcy case early like a year or more in the state of Tennessee

Are you eligible for a Discharge

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Yes.

1 Answer | Asked in Car Accidents for Tennessee on
Q: If a vehicle drives the wrong way against arrows in a lane in a parking lot and hits another vehicle who is at fault?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2019

The "rules of the road" - the statutes relating to driving on highways are not applicable to an accident off of a highway- for example in a parking lot. But the directional arrow would be proof of a driver going the wrong way and could be considered for determining fault.

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