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Tennessee Questions & Answers

1 Answer | Asked in Criminal Law for Tennessee on

Q: If my husband passed away in a hotel room from pneumonia and I removed our personal items from the room is that tamperin

Mr. Kent Thomas Jones Esq. answered on Jul 21, 2019

I don't understand your question. You don't indicate that there are any criminal charges. If someone merely dies from pneumonia, that, in and of itself, has nothing to do with the criminal law system, so how would you be guilty of tampering with evidence or spoilation of evidence? There has to... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on

Q: My 15 year has a v.o.p in TN with his p.o. he got arrested in Al for 2 their of property in the 1 St degree. They are in

In a junior. Detention center. His father and I live in TN how do I get him back in tn

Cayley Turrin answered on Jul 19, 2019

He might have to finish his case in Alabama and then handle his TN case.

1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: What do I need to do to be emancipated in Williamson county TN

What extra steps do I need to take as a 16 year old if my Guardian denies me permission to be emancipated, but my biological father agrees and my biological mother is missing? My guardian is my great aunt, I have a job at a sushi place, my father is offering me a home with him, and I do not have my... Read more »

Anthony M. Avery answered on Jul 19, 2019

You state no reasons for needing Emancipation, which is rarely a good status. But virtually any lawyer can file the Request with Juvenile Court. Without a Driver's License and transportation, it will probably be denied.

You will have plenty of time to be a responsible taxpayer in two...
Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a landlord force you to empty your apartment to lay carpet and you are physically unable to do so?

They also say to turn off the AC because of the dust. I am a heart patient with COPD and other ailments and I can not take the heat and dust, and have nowhere else to go. The carpet in my apartment doesn't need to be replaced either.

Bennett James Wills answered on Jul 18, 2019

What does your lease say? Typically, with proper notice, landlords are allowed entry at a reasonable time to make repairs.

1 Answer | Asked in Employment Law for Tennessee on

Q: In Tennessee can an employer ask that a potential employee have their own background check and fingerprints done?

Anthony M. Avery answered on Jul 18, 2019

Absolutely. You do not have to work there, and can be fired for any reason.

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: I paid a ticket for not having insurance not realizing that I did have insurance. Is it possible for me to get my money?

Anthony M. Avery answered on Jul 17, 2019

It is doubtful. But if you have a Tennessee Driver's License, you need to be concerned about losing your License for Lack of Proof of Responsibility by having pled guilty. You might file a Motion to Set Aside your Guilty Plea. It is a longshot, but losing your License will be painful.... Read more »

1 Answer | Asked in Child Custody and Family Law for Tennessee on

Q: As of 6/29/19 I will be a resident of TN for 6 months and need to have my custody case transferred.

Additionally, I need to see what can be done to hold my ex in contempt for not returning my son by the date/time he was supposed too, not allowing a family member to pick up my son and bring him to me on the date he was due back, not allowing him to speak to me while he was gone for 43 day (maybe... Read more »

Paul E. Tennison answered on Jul 17, 2019

From that description, you have a significant number of potential legal issues. I recommend you consult with a local family law attorney. You would need to transfer the case to Tennessee before you could file for contempt. Your easier route for the contempt action could be filing for contempt in... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: Is there a statue regarding officers being a no show to traffic court in Tennessee?

Anthony M. Avery answered on Jul 17, 2019

No, LEO's are like any other witness. Oftentimes they are given more credibility than they deserve, but they must show up, testify, and be cross-examined, before their testimony is evidence for the State/Government. If they are subpoenaed and are absent, they can be held in contempt like... Read more »

1 Answer | Asked in Divorce and Military Law for Tennessee on

Q: Do I have grounds to file for a uncontested divorce?

My wife has moved to another state and has been gone from our home for more than 30 days and I can’t contact her. But she contacted my chain of command through a redcross message to get money from me.

Anthony M. Avery answered on Jul 16, 2019

No that is not grounds for abandonment. If possible get an agreed Irreconcilable Differences Divorce. Sometimes you can send papers through the Spouse's Family. Being in the Military has its own special

requirements, so you need a competent attorney to represent you now. This...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: If I refuse to accept a mailed 30 day notice to vacate, can I stall the eviction in Tennessee

I have a contract for purchase that I haven't kept the terms of. The estate of the owner wants to evict. Can I just ignore this?

Anthony M. Avery answered on Jul 16, 2019

The owner must file and serve a Detainer Warrant, get a Judgment for Possession, then if you do not leave after 10 days, get a Writ of Possession executed. However the Contract for Purchase may alter this or cause you potential liability. Hire a competent attorney to examine the consequences of... Read more »

1 Answer | Asked in Contracts, Child Support and Constitutional Law for Tennessee on

Q: If child support is funded by federal grants, how can DHS require repayment? isn't that fraud?

Mr. James Charles Wright answered on Jul 16, 2019

YOu might get more answers if you posted this under family law. But from a general standpoint- DHS would likely be authorized to carry out the program and to seek reimbursement of payments made.

1 Answer | Asked in Contracts, Child Custody and Child Support for Tennessee on

Q: Can you sue the DHS if they caused financial hardships due to negligence on their part?

Mr. James Charles Wright answered on Jul 16, 2019

It would be difficult to sue a government entity. You would likely need a lawyer as a result of the defenses to any such action.

1 Answer | Asked in Criminal Law and Juvenile Law for Tennessee on

Q: My little brother doing 15@100% for an agg rape.how long do he have to serve for his release?

Anthony M. Avery answered on Jul 16, 2019

Apparently there is no Parole Eligibility Date. Read the Judgment of Conviction to make sure. So 15 years has to be served. But I would have thought he might get 15% off for good behavior with that conviction. I may be mistaken but the Judgment must be examined.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: Can a realtor force a tenant to vacate the home prior to the end of the lease?

The house is being sold in foreclosure. The tenant found a new home and told the realtor that he could be out of the house by July 31, 2019. The realtor says that the closing is earlier and that he must leave by July 22. One concern is that the owner had fired the management company but told the... Read more »

Anthony M. Avery answered on Jul 16, 2019

Whoever owns it takes it subject to the tenant already there. The tenant can ignore the agent and just wait until a Detainer Warrant is filed on him. I recommend paying rent but not leaving until he wants to, or until a Sessions Judge takes possession from him.

1 Answer | Asked in Divorce for Tennessee on

Q: I've owned my own home since 2009. I married in 2016 and filed for divorce in early 2019. Is home separate property?

I've sold the home but the equity was built over the majority of years I was residing alone. Soon to be ex husband wants half the equity.

No children from the marriage. He has his own retirement income and Social security. I have my own income and retirement.

He didn't have... Read more »

Anthony M. Avery answered on Jul 15, 2019

The increase in value since the marriage is marital property. It sounds like you may wish to reconsider your divorce action. Obviously you have nothing to gain by divorce at this time and must pay him to agree. You need a competent attorney to put you in the right position to get him to want a... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: How do I get an awarded judgement from the person? Judgement was awarded for $4900 cant garnish wages according to court

I took some people to court for doing damages to my car. I was awarded $4900 for property damages. The people involved was my ex-husband and his girlfriend. My attorney wrote it up as support / alimony to prevent it from being charged off on a bankruptcy if they filed for that later in the future.... Read more »

Anthony M. Avery answered on Jul 15, 2019

I am not sure what you were awarded, as it sounds like an agreed judgment for divorce. If in the divorce, it is enforced through contempt. But if awarded for tort, then you may never collect. A judgment lien may be your only realistic option. Sometimes you can do post judgment discovery.... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: I got a ticket for going 4 MPH over the speed limit. I do not want the points on my record. Can I dispute the ticket?

I was actually going 15+ over the speed limit going with the flow of traffic. The officer let me off at going 4 MPH over. I would like to avoid getting points on my record. What should I do? This was in Memphis TN.

Anthony M. Avery answered on Jul 15, 2019

The Officer was being very kind to you while still enforcing law. 4 MPH over the limit is usually not reportable at all, and does not generate MVR Points for the lase year. Either pay it or go to Court and plead guilty. The Judge might have an alternative, but it is doubtful. His Honor will... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: Contractor never finished job as contracted, they have kept us waiting for a whole year, can we file a small claim?

We initially contracted the company to pour concrete on our patio, but after taking the down payment, they only pour a small corner. We have called and demanded them to either finish the job or return the money, but they only say they will get the job done. This has led on for a whole year, can we... Read more »

Anthony M. Avery answered on Jul 15, 2019

You have a 6 year SOL, unless a contract says otherwise. Yes, you can sue for Breach of Contract, and maybe other causes of actions. But you need to know exactly who to sue and where to serve them. Good luck collecting any judgment. The best you may be able to do is get a judgment, then file... Read more »

1 Answer | Asked in Employment Discrimination for Tennessee on

Q: can i sue for wrongful termination

i was fired with no notice no severance no reason except they needed to make room for another salary from an employee at another store and I was the last kitchen manager at this location. 2 weeks before this I had a conversation with the admin about my cooks going to work at the other location and... Read more »

Anthony M. Avery answered on Jul 15, 2019

Your facts would be a weak cause of action at best. If you complained to the Department of Labor prior to termination, it might have been a decent case. Other lawyers might disagree. You have a 1 year SOL.

1 Answer | Asked in Landlord - Tenant for Tennessee on

Q: In the state of Tennessee. Can a landlord come in my home and take pictures without my consent?

My uncle came into my home and said he needed to get something. My daughter lets him in then all of a sudden we hear him taking pictures. Is that illegal in Tennessee?

Anthony M. Avery answered on Jul 15, 2019

As far as I know, yes it is legal. The landlord is either the owner or the owner's agent, and is entitled to inspect the leased premises.

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