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Tennessee Questions & Answers
1 Answer | Asked in Civil Litigation for Tennessee on
Q: Who recieves the statue of limitation deduction from my settlement?
Tim Akpinar
Tim Akpinar answered on Mar 31, 2020

I'm not fully clear on your question, and a Tennessee attorney could advise best. But you await an answer for two weeks, and may be in a position of having to wrap your case up. IF you are talking about a personal injury matter, some of the GENERAL deductions arising could include medical liens... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: what id the process when i appear in court for a misdemeanor citation in lieu of continued custody of an arrested person

i got pulled over for driving while my license was suspended in the state of NC, officer gave me a ticket and i signed. it stated that i had to appear in court for a misdemeanor citation in lieu of continued custody for arrested person

Anthony M. Avery
Anthony M. Avery answered on Mar 31, 2020

Obviously this is a North Carolina matter, so you need a competent North Carolina attorney. You definitely need an attorney today, and someone to drive you to Court. Try to get your License reinstated immediately. Take Insurance, Registration and your TNDL to Court with you.

1 Answer | Asked in Family Law for Tennessee on
Q: im 16 and want to go to a friends house but my mom said she'll call the cops on me, would they be able to do anything?

There has been a lot of fighting and yelling at my house and i want to get away for a few days but my mom said if i leave she will call the cops and have them bring me back home, like i said i am 16 and wanted to know if they can take me back home. My friends mom said she has no problem with me... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 31, 2020

I am sorry for your having to go through this. However, yes your mother can call the cops. Also, your friend's mother could be could be charged with harboring a runaway which is a crime. Your friend's mother could file a petition for dependency and neglect if the abuse rises to that level.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Tennessee on
Q: I'm being wrongfully accused I am innocent there is witnesses an proof but the sheriff's won't accept any of it

They say 3 witnesses say I did it but I have 5 witnesses that can say I didn't and the video footage they have from my neighbor showing a vehicle leaving my driveway not being drove by me can show that I left 30 mins to an hour before it did what can I do when they seem determined to arrest me for... Read more »

Cayley Turrin
Cayley Turrin answered on Mar 31, 2020

You should hire an attorney immediately for your case.

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I was pulled over with expired tags and speeding. I was going 70 in a 65. What can I do to defend myself?

I don't know if this matters but it's also the last of the month.

Anthony M. Avery
Anthony M. Avery answered on Mar 30, 2020

Immediately register your vehicle, and place the new sticker on your plate. Then go to Court, be respectful, and explain to the Judge or DA that you have got your Registration up to date. The best that can happen is either or both Violations are dismissed, with or without costs. At worst, you... Read more »

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I am in chapter 13 bankruptcy will I get back my stimulus check or will my trustee get it

I've been in chapter 13 bankruptcy for almost 2 years now

Oliver L Cisowski
Oliver L Cisowski answered on Mar 30, 2020

Unlike tax refunds, the trustee does not file a motion to intercept any other type of money coming from the treasury. So it will come to you.

There has been recent policy from the DoJ and local trustees in Tennessee that pretty explicitly state that debtors in an open Chapter 13 case will...
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2 Answers | Asked in Criminal Law for Tennessee on
Q: My son has had his license revoked over an assault case. DOT can't find the report, County can't find it. What do we do

The case started as a vehicular assault case and was dropped to simple assault. The occupants of the other vehicle denied be the driver due to their soberity. The car belonged to one occupant's recently deceased mother. No accident report was filed by the officers on the scene. The THP has no... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

This is not uncommon. Revoked licenses are tricky and reinstatements can be very expensive. You can research the specific requirements to reinstate the license on https://dl.safety.tn.gov/_/ . There may not be an accident report because it was charged as an assualt not an accident. If there is a... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My neighbor has several CCTV pointed at my property and he took footage of me an has police thinking I committed crime

Is it legal for him to do that if he didn't actually see who did the crime but he told police I did it an showed them pics of someone driving a vehicle and said it was me they have a warrant for me now an I'm innocent if they watch his cameras they would see me leaving before these other vehicles... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 29, 2020

It is not illegal if your neighbor thought you committed a crime involving his property. If there is a warrant then you are going to need to call the Sheriff's department and see if they want you to turn yourself in. Because of COVID-19 , people with warrants are being booked then released on a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on
Q: I have a parenting plan with my ex husband, I am concerned about travel from home to home due to COVID-19.

I have offered to give him days if I hold onto the kids until COVID clears, he declined and wants to pass them from house to house. What are my rights? He and his wife are currently working, his wife works in healthcare, and they have 2 additional daughters who attend daycare. I have a daughter and... Read more »

Bob G Huddleston Jr.
Bob G Huddleston Jr. answered on Mar 29, 2020

To answer your question, you have a right to seek an Emergency Protective Custody Order that may or may not be granted.

Once filed, you would be set for an Emergency PCO hearing. At the hearing you would need to establish that the facts and circumstances are sufficient to lead an...
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2 Answers | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I sell land in Tennessee that is still in my deceased father's name 15 years after his will was probated in NY?

I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 28, 2020

You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: the person i am being sued by for property damages did not give correct information to the judge. what can i do?

when the judge asked him to explain why he thought he was entitled to the amount of money he was suing me for and why he did not give sufficient evidence.

Tim Akpinar
Tim Akpinar answered on Mar 27, 2020

A Tennessee attorney would be able to advise best, but you await an answer for three weeks. As a general matter in most any jurisdiction, the judge would ask for the evidence you mention - preferably an itemized printout from a reputable body shop outlining estimated charges for parts and labor -... Read more »

1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I paid a contactor to put new roof on. Leaks worse. His insurance says won't pay for bad workmanship. What now?

Insurance says WILL pay for internal damage due to the poor workmanship. Contractor has been saying he is at fault and will fix, but it's been 11 months and I still have tarps on my roof.

Paul E. Tennison
Paul E. Tennison answered on Mar 27, 2020

You could sue the contractor. He breached the contract by performing a job that failed to achieve the desired result of a repaired roof. I recommend you consult with an experienced attorney and examine your options in detail. You may be better off if you act quickly. The statute of limitations is... Read more »

2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... Read more »

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1 Answer | Asked in Business Law for Tennessee on
Q: Do I need permission from Scott safety to make an adapter that fits their equipment?

I am looking to make an adapter that fits to a Scott face mask that firefighter can use to put a filter in to protect the first responders from the coronavirus. I’m worried there may be an issue with making an accessory that connects to their facemask and I’m not sure if it’s a patented... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 26, 2020

What you are attempting to do seems admirable to me in helping firefighters be able to safely continue their important work in the wake of the coronavirus pandemic. You are correct that there could be patent issues relating to this. This article I came across discuss potential patent infringement... Read more »

1 Answer | Asked in Banking for Tennessee on
Q: my mother takes all of my money from my bank account, can i sue her for financial abuse?

Hi. i’m 19 and still living at home with my parents not by choice. my mother takes all of my money from my bank account preventing me from moving out. she also has forced me into giving her my information to my logins for my college classes and reads all my emails. is there any way i could sue... Read more »

Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

If your name is solely on the checking account then your mom is not allowed to take the money without your permission. If she does, it can be considered theft and you can call the police and report it. If it is a joint checking account with your mom's name then it is her account as much as yours.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: My boyfriend is locked up in Fayette county TN. Revoked drug court. Red date 1/2020. Could lawyer reinstate probation?
Shanone Emmack
Shanone Emmack answered on Mar 26, 2020

Depends on the charges and situation. A lawyer can discuss his case with the district attorney and possibly negotiation reinstatement of probation. Without knowing more information about the case it's hard to give you a definite answer. Maybe you could ask the question again with more detail.

1 Answer | Asked in Family Law for Tennessee on
Q: How does one go about filing a due process violation in Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Mar 25, 2020

I am sorry, but your question needs a lot more detail to be address it.

2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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1 Answer | Asked in Constitutional Law for Tennessee on
Q: What happens if I start a construction project that requires an NPDES permit but I do not even try to get a permit.
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

You need to pose this to a Tennessee attorney, but your post remains open for four weeks. Contact a Tennessee environmental attorney (there's a section here on that). You're talking about an environmental law matter more so than a constitutional law matter. Good luck

Tim Akpinar

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