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Tennessee Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: Is there a charge for someone threatening to shoot and kill your dogs? When they are fenced and away from property line

I own a boarding and breeding business so these dogs are a livelihood not merely pets.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 23, 2020

This could constitute animal cruelty, it depends on your jurisdiction. Try reporting it to the police and see if they will help.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Because of coronavirus is it a favorable time for some one to turn them self in over a probation violation ?
Shanone Emmack
Shanone Emmack answered on Nov 21, 2020

Yes you should turn yourself in but , before you do, call and find out what your bond is or if you will be released on your own recognizance (ROR). That way you can plan ahead and get in and out relatively quickly. Good Luck!

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1 Answer | Asked in Criminal Law for Tennessee on
Q: I am on probation in Tennessee for a class e felony. The charge was a theft over $500. It's now a misdemeanor, but at

The time I committed the crime it was a felony. I got 4 years. I violated for my 4th time. All my violations are technical. The last one was for failing a drug screen. I fled to California and admitted myself in rehab. Which I completed the 6 month program. Is it likely that they will extradite me... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 19, 2020

Yes and those probation violations are not technical. At this rate you will wind up serving a fair amount of your sentence. You might be better off hiring a competent attorney and turning yourself in to Court if there is an outstanding probation violation. Bring your rehabilitation letter.

1 Answer | Asked in Consumer Law and Small Claims for Tennessee on
Q: Being taken to court For a loan that was unpaid right before covid hit and we were laid off.

We were laid off and the courts want 16,17,18 tax returns, bank/financial statements none of those years were when the loan took place. Why do they need that? My husband is still unemployed and makes 412 a month I just got a job and wasn't employed up until that point

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2020

That type of document production usually occurs in conjunction with post-judgment discovery in order for the judgment creditor to collect from you. You need to check with the Court to see if a Judgment has already went down against you two. Otherwise the creditor must anticipate a problem... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a company fire you for attendance if it's due to psychiatric illness?

Basically, if an employee has discussed with their supervisor that the reason behind being late was due to a psychiatric illness (for example Bipolar Disorder) and the discussion of taking a leave of absence, FMLA, and accommodation took place, but before being able to utilize any of these benefits... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Additoinal information is necessary to determine if your termiantion was unlawful. It sounds like your employer may have violated the Family Medical Leave Act and/or the Americans with Disabilities Act. You should reach out to an employment attorney in your area to discuss your options.

3 Answers | Asked in Employment Law for Tennessee on
Q: Hello I just been Discharged from work not even knowing why.HR said I was not punching the clock right its been down

They never wrote me up I never give them reason to write me up, Very hard and good worker team player. It came to a shock to me I haven't seen a paystub in almost a year and 2 days of PTO were stolen from me what should I do

Kyle Anderson
Kyle Anderson answered on Nov 19, 2020

Hi, Tennesee is an "at will" employment state, so they can terminate you for any reason or no reason at all, with a few exceptions. It sounds like they are saying you are not clocking in or out right. Even if its not your fault, they can still terminate you for it due to it being "at... Read more »

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Bennett James Wills
Bennett James Wills answered on Nov 18, 2020

Depending on the amount he owes you, consider filing a lawsuit to get a judgment.

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2 Answers | Asked in Contracts, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I had a verbal contract to design a simple website for friend, didn't pay the other half for the service .

I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »

Michal Durakiewicz
Michal Durakiewicz answered on Nov 21, 2020

Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am buying a house the seller is positive for COVID19 are they obligated to have the house professionally sanitized?

I would like to know before I move in.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2020

No. But you could make the request through your realtor.

1 Answer | Asked in Elder Law for Tennessee on
Q: Help with mother's estate

My mother is almost 89 with dementia my sister is 70 she lives with mom she also has dementia.My mom has no will or power of attorney. My younger sister and I need help to figure out what we need to do to sell my moms home. Both need to go into assistant living. It will take what money my mom has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2020

This is the Tennessee side of Justia. Ask for help from Mississippi attorneys.

1 Answer | Asked in Criminal Law for Tennessee on
Q: How could you be charged with intent to sell and delivery in a park zone, if the park isn't a park?

Which is Chilhowee park

Anthony M. Avery
Anthony M. Avery answered on Nov 17, 2020

That qualifies for the felony enhancement, and you only need to be within 1000 feet of the park. Hire a competent attorney immediately. Stop being around anything illegal.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Can Tenncare estate recovery take part of my mother’s house proceeds if she wants to sell?

My dad had a stroke 4 years ago and had lived in a nursing home until the the day he died. We recently received an estate recovery letter from Tenncare. Since my mother is the spouse, she can live in the house without fearing collection from Tenncare. However, if she wants to sell the house, will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Absolutely.... There is probably a TennCare Lien filed at the Register of Deeds. The State will get paid before anyone else. The Mother may be able to Homestead part of it, but it is doubtful. Before she thinks about selling, hire a competent attorney to conduct a title search, and look at... Read more »

1 Answer | Asked in Child Custody and Divorce for Tennessee on
Q: Can I move to another state, at my will, if my ex is keeping our kids and I provide child support. Live in TN

I live in TN. Currently going through a divorce and would like to move to Kansas d/t harassment by my parents. Does my ex have to agree to move if he is keeping our kids, I will provide him child support. Or am I free to move when I would like, without him agreeing?

Samuel Aaron Byrd
Samuel Aaron Byrd answered on Nov 16, 2020

If there is currently a divorce action pending you should seek permission from the court if you cannot work out an agreed parenting schedule for the children that provides for specifics about when you and your kids spend time together. That said, you can move without an agreement but the court may... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: So I'm a tennessee resident and went to nc and got a seatbelt ticket I'm 17 can I just pay it online and be done with it

My ticket has a court date on it do I have to appear to that or can I just pay it and be done with it I'm 17 years old

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

Apparently that is a NC violation. You will need to contact a NC attorney for advice. A conviction will probably be added to your TN MVR for the last year.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Why would a police officer let someone go if they believe their dui and they fail the field sobriety test
Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

There may be many reasons. I doubt that you know what exactly occurred. Ask again if you know the facts.

1 Answer | Asked in Small Claims for Tennessee on
Q: What can I do if I purchased a vehicle from a private party and they agreed to have it ready by a date but now refuses

We purchased a vehicle from a private party and it needed work so the private party agreed to do the work themselves and have it ready so we began paying on it. After the private party pushed the date of completion by 2 months and we really need a vehicle so we asked for a loaner or for our money... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 16, 2020

That is a potential breach of contract. If no money has been paid, I would forget about it. Otherwise you might sue yourself in General Sessions Court. If you obtain a judgment, hire an attorney to collect.

1 Answer | Asked in Criminal Law for Tennessee on
Q: If someone is driving my car and I'm the passenger and the police find drugs and a firearm in the car who's charged

I was the passenger but it was my car,we both said they we're not ours

Cayley Turrin
Cayley Turrin answered on Nov 16, 2020

Probably both of you. If no one says it is theirs then the cops have no choice but to charge both.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Can I sue a dentist for drilling without numbing me and can I sue a psych ward
Bennett James Wills
Bennett James Wills answered on Nov 16, 2020

You can file a lawsuit against anyone if you have a legal cause of action. Consult local counsel to assist you.

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