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Tennessee Questions & Answers

1 Answer | Asked in Traffic Tickets for Tennessee on

Q: How much is the fine for 55-8-124 following too closely

Anthony M. Avery answered on May 24, 2019

Most Counties vary a small amount from each other. Call the Sessions Court Clerk with your Citation Number and ask them. If this is in connection with a collision, I suggest going to Court instead. Paying a Citation is pleading guilty, which would be Negligence Per Se in a Tort Suit.

1 Answer | Asked in Public Benefits for Tennessee on

Q: I was just denied after my hearing should I keep fighting or start over

Peter N. Munsing answered on May 23, 2019

Consult your local Legal Services Legal Aid. Usually it's worth an appeal but I'm not seeing any details and it's best you get with legal services.

1 Answer | Asked in Collections for Tennessee on

Q: If I am being accused of owing money I do not owe, should I ask for a copy of sworn account or would that hurt my case?

I was told to ask the accusing company for one but I don't know if that will help me or hurt my case since I am innocent

Anthony M. Avery answered on May 23, 2019

You can demand a Sworn Account by the Plaintiff, and can even file your own, old style, Sworn Denial. But this will probably cause a continuance. Later you will have to defend yourself. If there is over $ 500 involved, it is probably worth having an attorney, as execution of a potential judgment... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: Can you get probation for carjacking or most of your time be on papers

Bernard Crane answered on May 23, 2019

Many states, if not most, have mandatory minimum sentences for carjacking. IF you are in a state where there is no mandatory minimum sentence for carjacking (or robbery by force and violence, or kidnapping if the victim was transported in the car even a short distance, or any other related chrge... Read more »

1 Answer | Asked in Constitutional Law, Land Use & Zoning and Real Estate Law for Tennessee on

Q: If I am renting a house to own from a individual and bank forecloses on it what rights do I have?

Having minor children. And doing all repairs myself

Anthony M. Avery answered on May 23, 2019

The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... Read more »

2 Answers | Asked in Criminal Law for Tennessee on

Q: If I have a misdemeanor arrest warrant and the police come to my door what should I do? Do I have to answer the door?

Anthony M. Avery answered on May 23, 2019

Probably best to get some money together, and call the Sheriff's Office to find out the Charges and the Bond amount. Usually they will not affirm that there is an outstanding Warrant, but you tell them you will be at the Jail later. Then call a lawyer and a bondsman. Turn yourself in, and then... Read more »

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

Q: The co-parent and I do not have a custody agreement. Live states apart.

She only let's me talk to them if I send her money. I am behind on child support but working and paying it off. It takes 50% of my income. I have receipts where I have sent the co-parent thousands of dollars outside of child support, but I have not been allowed to see them in 2 years. Now she says... Read more »

Leonard Robert Grefseng answered on May 23, 2019

Although it will take time and a lawyer, you need to file court papers to set up a "parenting plan" or schedule of visitation. You are required to pay child support, but at the same time , she is required to allow you to have time with the children. If you get a Judge to order the scheduled... Read more »

3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on

Q: If a property. Is foreclosed on can you contact the lawyers


D. Mathew Blackburn answered on May 21, 2019

The lawyers for the party that foreclosed? Sure, but they're not going to do anything for you. I'm not sure what purpose that would serve.

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 Landlord - Tenant for Tennessee on

Q: To Anthony M Avery In Tennessee, can my landlord make me pay a plumbing bill when I didn't cause the problem?

I received a letter from them stating I have to pay a plumbing bill for something I did not cause. And can 100% prove .I'm scared and seeking some legal advice.

I've talked with a plumber and he says there is no way to prove it came from my house since we have shared pipes. And the toy was... Read more »

Anthony M. Avery answered on May 21, 2019

Remember the owner must file suit and serve you. Then you go to Court and the owner must prove his cause of action for tort to a preponderance of evidence standard. It may not be worth his while to sue you. If he files in Sessions, then defend yourself, probably by denying all knowledge or... Read more »

1 Answer | Asked in Small Claims for Tennessee on

Q: If a bank tries to take money out of an old bank account without your consent can you sue that bank

Anthony M. Avery answered on May 21, 2019

You better read your Deposit Agreement as the Bank may have the right. If not, understand you are talking about suing a nationally chartered bank, so it will be difficult and expensive. When you deposit money, the bank owns the money subject to your right to withdraw it. There may be a... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Tennessee on

Q: If I marry gf while pregnant is it possible to still get place on child support years later if we divorce

Married before baby is born .

Divorce years later is it still possible to get place on child support or am I safe since we married before baby was born

Anthony M. Avery answered on May 21, 2019

If the child is born during the marriage, then you are legally the father. And you will be liable for child support to her if there is a divorce. The same result if you marry after birth and adopt. If no marriage, then she may pursue child support through a Paternity Action, which will probably... Read more »

1 Answer | Asked in Consumer Law and Banking for Tennessee on

Q: So i was told I'd never get a lawyer to take my case.. I have more questions about banking though.. Like why does it say

Im liable for the money unless i truly believed the check was good? And i even offered to pay the bank back in installments if theyd draw up the paperwork, but he said no and now it's gonna be a lot more! Help!

Bruce Alexander Minnick answered on May 21, 2019

I believe I already answered this question when originally posted; and since you still do not understand why you are liable for the money that the bank lost on the bad check you deposited allow me to try again to explain.

1. All bank customers who deposit checks that later bounce are...
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1 Answer | Asked in Consumer Law and Banking for Tennessee on

Q: Im being sued by a credit union. I was caught up by a, scam and lost over $3000. I asked b4 cashing the check. They ok'd

In the claus it says only won't be liable if i truly believed the check was good. I can prove i did. I thought I was being hired for a job.. Am i still liable? And how can I find a lawyer pro bono?

Bruce Alexander Minnick answered on May 21, 2019

Please. You do not need a lawyer; and you will never get one to take your case "pro bono." Why? Because proving that you "...truly believed the check was good" does not somehow make the check good.

FYI: Whenever a check you deposit bounces you must repay all the money the bank lost, plus...
Read more »

1 Answer | Asked in Legal Malpractice for Tennessee on

Q: Who is responsible for fees and costs if acustody case is filed in the wrong court and is later dismissed

Anthony M. Avery answered on May 20, 2019

Usually the Court taxes the Costs to the Petitioner if the Case is Dismissed.

1 Answer | Asked in Family Law for Tennessee on

Q: If I go to PR with my boyfriend and take our child could he stop me from coming back to the US states with my child

Anthony M. Avery answered on May 20, 2019

Puerto Rico is part of the United States of America, so you are not crossing a border.

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

Q: I’ve been on probation for 4 years I have 2 left can I get them unsupervised???

Anthony M. Avery answered on May 20, 2019

I do not know anything specific about your situation. But usually for my Clients that have paid their Court Costs, etc. and have not violated Probation, I make a Motion in Court to Modify the Sentence to a remainder of Unsupervised Probation. The are almost always granted. Get your lawyer to file... Read more »

1 Answer | Asked in Estate Planning for Tennessee on



Anthony M. Avery answered on May 20, 2019

If the Widow of the adult Child was his surviving spouse, then she will take later on as she is that Child's sole Heir and KIn. But she will have to pursue her rights, and after 7 years, it is a remote possibility the others might claim sole ownership. If there is a Probated Will involved,... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: If in a relationship one partner stabs the other does that constitute a charge of attempted murder?

Anthony M. Avery answered on May 20, 2019

It can, or it might be charged aggravated assault. There are several possible crimes the State could bring.

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