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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Could I be charged with possession for carrying my prescription drugs outside of their original bottle? I live in TN.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2022

Yes, it happens alot . Be prepared to go to Court with a current prescription as of the date of the arrest/cutation, without any pills present.

1 Answer | Asked in Civil Rights, Constitutional Law and DUI / DWI for Tennessee on
Q: If someone was charged with 2nd DUI in 2007,can police seize car for driving revoked,but never charge them for it,

My dad's car was taken for driving on revoked from a 2nd DUI he got in 2007, they never charged him & the police drove off in his car, is that legal??

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

If no charge was made by the LEO's, and no Forfeiture Warrant was issued, then it is an unlawful taking. But did Dad own the vehicle? I suspect more occurred here than what facts are stated. Driving on Revoked TNDL may be a charge in the making, which can take 1 year to initiate. The owner... Read more »

1 Answer | Asked in Federal Crimes and Traffic Tickets for Tennessee on
Q: Federally issued speeding ticket 36 CFR 4.21(c). Result in misdemeanor on record although no required court appearance?

I received a speeding ticket on the Natchez Trace in TN...a federal violation. 36 CFR 4.21 (c) for 72 in a 50. I have been asked to pay a fine of $150 and don’t have to appear in court. (Box B). I have a clean driving record. My question is: if I pay the fine, am I admitting guilt and will this... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 29, 2022

Paying the Citation by mail is a Concviction, and adds 4 points to your MVR. If possible go to Court and act respectful to the US Attorney. It may go better.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Expungement eligibility

I was convicted of a felony that was lowered to a misdemeanor in January of 2019. I am eligible for expungement 5 years from completion of the sentence. I was sentenced to 11/29 suspended to time served. Does the 5 years start from the date my sentence was suspended to time served, or does it begin... Read more »

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Sep 29, 2022

It should be after it is completed.

1 Answer | Asked in Child Custody for Tennessee on
Q: I have residential custody and my son(16) refuses to come back from his mothers house in another state, can I force him?

My son was there for summer when he started giving me ultimatums, saying how hard he was going to make it for me if I didn’t let him stay, I caved and allowed him to stay. I took custody from his mother in 2018 after DCS got involved which she moved to Florida after.

Bob G Huddleston Jr.
Bob G Huddleston Jr.
answered on Sep 28, 2022

I hate to say this, but . . . it depends.

It *appears* your son's absence from Tennessee is temporary and for less than six months, so jurisdiction should still lie with Tennessee and you will need to file something in a Tennessee court.

As there was a prior "removal"...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Mortgage and eviction.

If I took out a mortgage on a home and paid 70,000 on said home over a period of years and the property owner passed away and left rights to the property to the children, could they kick me out of the property after I’ve already paid 70,000 on the mortgage?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 28, 2022

It is sounding like you are not the owner. If true, having paid someone else's Note, then yes, the actual owners who are Tenants In Common can sue you for possession. Put together proof of all payments, then hire a competent attorney there, like Herb Patrick, to request a Deed or defend... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

1 Answer | Asked in Consumer Law and Contracts for Tennessee on
Q: How do flex loan companies get around Tennessee's statues 45-12-111. Interest, fees, and charges?

Asking how it's legal for companies to charge triple digit interest rates when TN caps interest rates at 24%?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 27, 2022

I would suggest looking at

https://www.tn.gov/tdfi/mortgage-consumer-lending/flexible-credit/flexible-credit-faqs.html

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long do you have to own property in Tennessee before you can get a home equity loan?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

There is no legal requirement for a length of home ownership. Different Lenders have various time in place requirements, but sometime 2nd priority Deeds of Trust are given at closing, that is with no history of ownership. Ask your prospective Lender its rules.

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I'm not on the scene when the police show up how long do they have to arrest me on the charges?

BTW she filed them at the police station bc I have had no contact with her whatsoever and she is not allowed on my property but they came looking for me at my house.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Misdemeanors must be instituted within 1 year of the incident. Most Felonies must be initiated within various numbers of years.

1 Answer | Asked in Criminal Law for Tennessee on
Q: In Tennessee is there a time limit on when a trial can begin? Or can it be delayed by the court indefinitely?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 26, 2022

Pretty much the Court can set Trial at their discretion. Defendants can file a Motion for a Speedy Trial. Many cases take years to try, then appeals.

1 Answer | Asked in Contracts and Car Accidents for Tennessee on
Q: I agreed to a payoff with my lien holder through a signed contract. Now that my insurance is paying it off they said

the contract is null/void because my insurance is paying it out. Is that legal if my settlement amount is less? Can the lien holder disregard that contract

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. This requires closer examination than is possible in the limited scope here. It could depend on the type of lien and other possible factors. There are certain liens, such as public health liens, that are subject... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What happens if the officer failed to get my signature on a citation
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

It is not a requirement, only a signed acknowledgement of the Citation. Go to Court with your paperwork and be respectful.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What can you do if someone hits your parked vehicle and you’re not in it? What is LE expected to do?

I want to know if a person can be cited for causing damage to my vehicle that is parked in a parking spot and I’m not in it. If they hit it and leave without a note or contact information, can they be charged with a hit and run? What if officers don’t want to spend the time investigating and... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Have you identified the License Plate, or the Driver, that hit you? Some places have video surveillance. Any witnesses? Once you identify either the Driver or the Owner, then report it to LEO's and make claims against their Liability Coverages. You might try the Financial... Read more »

2 Answers | Asked in Personal Injury and Small Claims for Tennessee on
Q: I tripped over, and cut my toe open at a college campus.

I was delivering an order to my local college campus in TN and while trying to find the apartment number, in the middle of the walkway, I tripped. It looked like maybe 2 poles used to block vehicles from entering that specific path, but they were cut down to maybe 4 inches high. They were rusty,... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 23, 2022

I would suggest you take pictures of your injury as well as the location. If you are needing medical treatment - I would report this to the school and its insurer. They may provide / pay for your medical care. If you are considering a legal route-- you should contact an attorney.

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1 Answer | Asked in Civil Litigation for Tennessee on
Q: Mailing a legitimate form of serving in TN?

I was mailed a Civil Summons to appear in Tennessee in a few months, which is about 1800 miles from where I live now. Is mailing even a legitimate form of serving, and what were to happen if I can't/don't make it to my Civil Summons?

Bennett James Wills
Bennett James Wills
answered on Sep 22, 2022

Regular mail for a summons is not valid. It needs to be certified where the post office will deliver it and make you sign for it. If you fail to appear the court may grant a judgment of default, even if it is bad service. Hire local counsel to review the summons and help you make a determination... Read more »

1 Answer | Asked in Child Custody for Tennessee on
Q: Mississippi County exspnngmenut date amd pjlace
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

There is no Mississippi County in Tennessee.

1 Answer | Asked in Gov & Administrative Law for Tennessee on
Q: My driver license in Tennessee has been expired for 8 years. Will I get in trouble if I go to DMV and try and renew them
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 22, 2022

It would be better to have someone else drive you there, or even walk, at least when you leave the Department of Safety. You should be able to get a list of requirements to Reinstate your TNDL. Going to the DOS website may help, as Reinstatement instructions are given there. If there are... Read more »

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