Tennessee Questions & Answers

Q: I surrendered my vehicle over 10 years ago. It sold at auction. Can I be used for that still?

1 Answer | Asked in Consumer Law for Tennessee on
Answered on Jan 23, 2019
Anthony Marvin Avery's answer
Generally the SOL of 6 years will begin from your first default under the Note. Then after Judgment, the Creditor will have 10 years to collect unless it is extended. If they are just now suing,. hire a competent attorney to plead the SOL.

Q: My LLC company took payment and never delivered the goods. The customer sued me personally and won against me.

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Jan 23, 2019
Anthony Marvin Avery's answer
The corporate entity that should have been the Defendant should have been brought to the Court's attention earlier. If it is not too late, you may wish to file a Rule 59 Motion or an Appeal. Hire a competent attorney immediately. If it was General Sessions, you have 10 days to file for a new trial in Circuit.

Q: Is not filing a default judgement against defendant by my attorney malpractice. Well over the 90 mark past the deadline

1 Answer | Asked in Legal Malpractice for Tennessee on
Answered on Jan 23, 2019
Anthony Marvin Avery's answer
NO, as Default Judgments are frequently set aside for little or no reason. Your attorney may be pursuing another method of receiving money prior to going through the motions of what would probably be set aside later.

Q: I am a graduate student who is going to school in TN and I am from FL. In what state am I considered a resident of?

1 Answer | Asked in Civil Rights, Education Law and Gov & Administrative Law for Tennessee on
Answered on Jan 23, 2019
Gary Kollin's answer
You can file a document called a Declaration of Domicile. Check with the county clerk's office

Q: What exactly does misrepresentation of home improvement mean. Whsts been misrepresented?

1 Answer | Asked in Construction Law for Tennessee on
Answered on Jan 23, 2019
Timur Akpinar's answer
This sounds like something on which you should consult with a Tennessee attorney. I do not practice in Tennessee but your question remains open for 4 weeks. As a general matter, misrepresentation occurs when someone enters into a contract or transaction based upon statements or conduct made by the other side that turn out not to be true, for instance, "these building components have a certain fire rating," while it turns out they do not. Misrepresentations can differ by virtue of the mental...

Q: Does a motion need to be filed in order to stop child support in TN once the child graduates from High School?

1 Answer | Asked in Child Support for Tennessee on
Answered on Jan 22, 2019
Leonard Robert Grefseng's answer
Unless you owe an arrearage ( or old past due child support) you should stop paying immediately. Child support ends when the child turns 18 , or graduates, whichever event is last to occur. You only need to file a motion if there is a wage assignment or garnishment in effect, or your employer refuses to stop withholding the funds. The bad news is, if you have overpaid, it's likely that you will not be able to recover the excess. Consult an experienced family law attorney for advice on your...

Q: TN Code Ann. 62-20-105: Need an interpretation of section e. Court Judgments can be enforced without a coll. license?

1 Answer | Asked in Business Law for Tennessee on
Answered on Jan 22, 2019
Mr. James Charles Wright's answer
Your question is not clear to me. TCA 62-20-101 et seq. provides for licensing of business that collect debts. Subsection e allows for someone to voluntarily make a payment or in the event of a final judgment pay the judgment. The person cannot set aside the payment simply because he debt collector was not licensed. If your question relates to the collection of Court Judgments, these can be enforced by the individual that obtained the judgment, by a lawyer or a debt collection service or...

Q: I got my parent plan adjusted with my ex husband and now he keeps calling me multiple times and being demanding and

1 Answer | Asked in Child Custody and Child Support for Tennessee on
Answered on Jan 22, 2019
Leonard Robert Grefseng's answer
Harassing phone calls can be a criminal offense. At the same time, your parenting plan requires you to make a good faith effort to work with the other parent to resolve minor disputes ( that is what is BEST for your CHILD). If the plan was changed on 1/17/2019- your ex still has time to appeal the court's decision if he disagrees with what the Judge decided.

Any further appeal would be expensive, so you probably need to try to avoid that. Keep your communications brief and businesslike....

Q: My boyfriend is coming on the 90 visa we have not planned to get married but if it did happen will we get in trouble?

1 Answer | Asked in Immigration Law for Tennessee on
Answered on Jan 22, 2019
Kelli Y Allen's answer
You can decide to get married while he is here. The issue that could arise would be if he tried to apply for permanent residency while here. Immigration officials would likely question his intent (was that the plan all along) when he entered. It's very difficult to prove what was in someone's mind on a a certain date. To avoid that issue if you get married while he's he, he should leave at the end of the 90 days. In the interim, you can start the spousal visa process. I strongly suggest...

Q: hi, so this is my first time ever in trouble with the court of law and I’ve beeb charged with possession

2 Answers | Asked in Criminal Law for Tennessee on
Answered on Jan 22, 2019
Mr. Kent Thomas Jones Esq.'s answer
I would hire a criminal defense attorney. If you cannot afford one, the court can appoint an attorney for you. If it is truly your first offense, then you may be able to escape the maximum penalty and qualify for pre-trial diversion. This means that you could get a suspended sentence of 11 months and 29 days. If you commit no other offenses during the next year, then you could possibly get your record expunged. It is important that you speak to an attorney as soon as possible. Don't talk...

Q: Will my employer still pay for my medical bills if I choose to quit because of injury on job?

1 Answer | Asked in Personal Injury for Tennessee on
Answered on Jan 21, 2019
Mr. James Charles Wright's answer
You should be entitled to medicals. But I suggest you speak to an attorney. Workers comp law is complicated to deal with.

Q: I need help with a dui case but I wasn’t drunk

1 Answer | Asked in DUI / DWI for Tennessee on
Answered on Jan 21, 2019
Anthony Marvin Avery's answer
You need to hire a competent attorney now. Before you meet with him, write out everything (every detail exactly) that happened before, during and after the Stop. Make payments, barter, whatever it takes to get a good lawyer that will not just promise everything and then plead you guilty to your original charge. Remember there will not be any simple pleas to Reckless Driving anymore.

Q: I have an easement and I am landlocked (washed out access) and can't find the owner. He moved out of state what can I do

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Answered on Jan 21, 2019
Anthony Marvin Avery's answer
Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.

Q: Can I be charged with child abuse or neglect simply on the bases of being high on drugs while the child is in my care

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Answered on Jan 20, 2019
Cayley Turrin's answer
Yes you can. This would be a very serious charge and you should consult with a criminal attorney immediately if you are charged with this.

Q: Just got my first ever speeding ticket.. should I go to court for it or just pay the fine?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Jan 18, 2019
Anthony Marvin Avery's answer
Definitely go to Court on time, in proper clothing and act respectfully. You may be offered some type of Diversion such as a Class or Costs which will allow the Court to Dismiss or Reduce the Speeding Violation.

Even if you are Convicted, it may not make it to your MVR.

Q: Friend's boyfriend was stopped then arrested.Police report is 80% incorrect.Can this be used as an advantage in defense?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jan 18, 2019
Anthony Marvin Avery's answer
The Boyfriend needs to hire a competent attorney. The reason for the Stop is very important, but it may have resulted from the Officer recognizing him as having no License. Prepare for the Preliminary Hearing on the real facts, but more importantly, he needs to get that License reinstated so he can bring it to Court. Unfortunately even if the Stop is bad, or the Warrant is dismissed for other reasons, the Court can just issue another from the Bench with the Officer's sworn testimony. Get...

Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 17, 2019
Mr. James Charles Wright's answer
If this happened Arkansas an Arkansas lawyer should answer. Generally a bicyclist on a bike is a "vehicle" not a pedestrian and the rules would apply. Whoever has the right of way in the intersection, the other vehicles will need to yield the right of way.

Q: I was given less than 2 weeks to move out due to no fault of my own. Do I have rights?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Jan 17, 2019
Anthony Marvin Avery's answer
The only real rights you have deal with your possession. The Owner/Landlord must file a Detainer Warrant, have it served on you or posted, then conduct a Hearing. You might ask for a Continuance, but at that next Hearing, the Judge will grant him Possession, and you have another ten days to leave or Appeal. To actually remove you, Owner must get a Writ of Possession issued where the Sheriff physically removes you or you are a Trespasser.

Q: What can/should I do if my wife took our two children and left the state, and won't let me have any contact. Options?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Tennessee on
Answered on Jan 17, 2019
Leonard Robert Grefseng's answer
File for divorce, ask for an emergency hearing, get her served with the papers and go to court. you need to establish jurisdiction here in your home county. Unfortunately, in my opinion, there aren't any other "options"-- for sure, don't try to take matters into your own hands or "steal" the children ( that would make you like her- using the children to try an d hurt the parent). Anyone who odes this could be found unfit to be the primary residential parent ( Tennessee no longer uses the word...

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