Tennessee Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Tennessee Questions & Answers
Q: The lien on my property after chapter 7 was not avoided by a credit card company. The card was unsecured and the
Timothy Denison's answer
A motion to avoid lien should have been filed on the credit card. You can reopen and file such a motion. Contact an experienced bankruptcy attorney to do this for you.
A motion to avoid lien should have been filed on the credit card. You can reopen and file such a motion. Contact an experienced bankruptcy attorney to do this for you.
Q: Why do a lien from the IRS on property gets avoided and a lien from a credit card company does not in chapter 7 ?
Timothy Denison's answer
More information is needed to properly answer your question but it is likely the nature of the lien and/or what it secures.
More information is needed to properly answer your question but it is likely the nature of the lien and/or what it secures.
Q: If I refuse to go to court on a civil warrant what can happen after that ?
Anthony Marvin Avery's answer
More than likely a Default Judgment for money will go down against you. The Judgment Creditor can then require you to go to Court to give sworn testimony where your money is, or go to jail for Contempt. Go to the Court Hearing.
More than likely a Default Judgment for money will go down against you. The Judgment Creditor can then require you to go to Court to give sworn testimony where your money is, or go to jail for Contempt. Go to the Court Hearing.
Q: If my mom co-signed on a mortgage for her granddaughter and she passes, could the mortgage company get her house?
1 Answer
| Asked
in
Banking, Business Law, Civil Rights and Contracts
for
Tennessee
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...
Q: Are having the wrong tags on car reason to be arrested, even if the tags belong on YOUR other car?
Anthony Marvin Avery's answer
Yes it is illegal to have a License Plate on a vehicle where the Plate is not Registered to it.
Yes it is illegal to have a License Plate on a vehicle where the Plate is not Registered to it.
Q: Me and my mother have agreed that she adopt my 13 year old daughter in tennessee. What is the process if we both agree?
Anthony Marvin Avery's answer
You need a competent attorney to prosecute the Adoption action. It is not simple, and most importantly, both your's and the Father's rights in the Child must be Terminated. The Chancellor may wish to appoint a Guardian Ad Litem. It is much easier if the Father agrees to give up his rights and testifies at Court. The Mother will need a decent Husband also.
You need a competent attorney to prosecute the Adoption action. It is not simple, and most importantly, both your's and the Father's rights in the Child must be Terminated. The Chancellor may wish to appoint a Guardian Ad Litem. It is much easier if the Father agrees to give up his rights and testifies at Court. The Mother will need a decent Husband also.
Q: Is it a law to have a light to illuminate your license plate in the state of Tennessee
Anthony Marvin Avery's answer
Yes if the vehicle was factory equipped to illuminate the Plate. Antique Autos are also exempt.
Yes if the vehicle was factory equipped to illuminate the Plate. Antique Autos are also exempt.
Q: I have been raised by a couple basically my whole life. Where can I find adult adoption forms? Besides an attorney.
Anthony Marvin Avery's answer
Adoption can be very complicated. Hire a competent attorney to represent all interested parties, which makes it easier and cheaper. If the Adoption is messed up, you will know it when you try to inherit from your Parents.
Adoption can be very complicated. Hire a competent attorney to represent all interested parties, which makes it easier and cheaper. If the Adoption is messed up, you will know it when you try to inherit from your Parents.
Q: Is it legal to be searched on a traffic violation?
Anthony Marvin Avery's answer
If the officer had a legitimate reason to stop you, then yes. Issuing a Citation bolsters the State's assertion of a legal stop, but it is not required for the officer to charge you with every crime he witnesses. You need a competent attorney to try to get this dismissed. That will be a drug related conviction which will harm you forever if it goes on your record.
If the officer had a legitimate reason to stop you, then yes. Issuing a Citation bolsters the State's assertion of a legal stop, but it is not required for the officer to charge you with every crime he witnesses. You need a competent attorney to try to get this dismissed. That will be a drug related conviction which will harm you forever if it goes on your record.
Q: Can a 17 year old plead guilty for a speeding ticket, pay online, and not have to come to court?
Anthony Marvin Avery's answer
That would be a stupid thing to do. At worst the Judge will find you guilty. But appearing in Court might allow the Judge and/or DA to Divert your Case in one of several manners. Also being a Juvenile might jeopardize your driving privileges. It will be at least 3 points on your license, and is usually 4 or more. You are only allowed 11 in the last year of driving. Those points can add up fast sometimes and you will wish that you might have went to Court and possibly worked it out...
That would be a stupid thing to do. At worst the Judge will find you guilty. But appearing in Court might allow the Judge and/or DA to Divert your Case in one of several manners. Also being a Juvenile might jeopardize your driving privileges. It will be at least 3 points on your license, and is usually 4 or more. You are only allowed 11 in the last year of driving. Those points can add up fast sometimes and you will wish that you might have went to Court and possibly worked it out...
Q: If served eviction papers from an uncle landlord can you counter sue for all the money you have put into the house?
Leonard Robert Grefseng's answer
Obviously, they can sue, but the more precise question is will they prevail? There is a type of claim called "unjust enrichment" where one party has conferred a benefit on another, a court can determine that it is unjust ( not fair) for the recipient to retain that benefit without paying compensation for it. However, it sounds like there was never any rent paid, so it may be equally unjust to allow the occupants to have lived there for a long time without paying rent. This in ultimately going...
Obviously, they can sue, but the more precise question is will they prevail? There is a type of claim called "unjust enrichment" where one party has conferred a benefit on another, a court can determine that it is unjust ( not fair) for the recipient to retain that benefit without paying compensation for it. However, it sounds like there was never any rent paid, so it may be equally unjust to allow the occupants to have lived there for a long time without paying rent. This in ultimately going...
Q: What has to be done if my son entered a second marriage thinking he was divorced but wasn’t only been married for 1 week
Leonard Robert Grefseng's answer
If he was not divorced at the time of the second marriage, Tennessee law says the second marriage is void ( not legal). I suggest he just go through another marriage ceremony AFTER he has confirmed the divorce. In short, he just needs a another marriage certificate dated after the divorce.
If he was not divorced at the time of the second marriage, Tennessee law says the second marriage is void ( not legal). I suggest he just go through another marriage ceremony AFTER he has confirmed the divorce. In short, he just needs a another marriage certificate dated after the divorce.
Q: If I'm out on a probation violation can my PO put me back in jail if I pee dirty
Anthony Marvin Avery's answer
Yes. And a Second Violation will probably steer the Court into ordering you to serve most if not all of your Sentence.
Yes. And a Second Violation will probably steer the Court into ordering you to serve most if not all of your Sentence.
Q: I have a court date on 9/24/18 for a restraining order from my acupuncturist. Will I need a lawyer for this?
1 Answer
| Asked
in
Criminal Law, Personal Injury and Sexual Harassment
for
Tennessee
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Anthony Marvin Avery's answer
If it is actually an Order of Protection, then yes, you need a competent attorney immediately. But if it is only a TRO then the Court will want to ensure that you know never to go around the Plaintiff again. I would read the Complaint closely to see if anything else is demanded such as money damages. If uncertain hire an attorney to at least check it out prior to Court.
If it is actually an Order of Protection, then yes, you need a competent attorney immediately. But if it is only a TRO then the Court will want to ensure that you know never to go around the Plaintiff again. I would read the Complaint closely to see if anything else is demanded such as money damages. If uncertain hire an attorney to at least check it out prior to Court.
Q: I need a lawyer to stop foreclosure in a deed of trust n tennessee
Anthony Marvin Avery's answer
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
Q: How many time do you have to send your papers to USCIS after getting married ?
Hector E. Quiroga's answer
It is highly unlikely that your case will be denied because you overstayed your visa. It is highly unlikely that your being out of status will affect you in any way. If you were detained, you could be deported, but really; that is unlikely.
It is highly unlikely that your case will be denied because you overstayed your visa. It is highly unlikely that your being out of status will affect you in any way. If you were detained, you could be deported, but really; that is unlikely.
Q: Can my job change my hours to 11:00pm -7:00am but when they hired me it was from 3 p.m. to 11 p.m.
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, I was say yes. The State of Tennessee is an Employment at Will state, which means they can pretty much do what they want unless it is illegal or in violation of a written contract. Examples of illegal activities include, but are not limited to violations of the ADA, age, race or sex discrimination, demotion or termination for whistleblowing and others. If you think that your case falls into one of these categories, then I would consult with a local employment law attorney.
Generally speaking, I was say yes. The State of Tennessee is an Employment at Will state, which means they can pretty much do what they want unless it is illegal or in violation of a written contract. Examples of illegal activities include, but are not limited to violations of the ADA, age, race or sex discrimination, demotion or termination for whistleblowing and others. If you think that your case falls into one of these categories, then I would consult with a local employment law attorney.
Q: I'm paying child support but she refused to let me see them.
Leonard Robert Grefseng's answer
Insufficient information to enable a response. Was there a divorce? check your parenting plan. If you were never married- how was paternity established- DNA tests or voluntary acknowledgment of paternity (VAP) .
If paternity was established, then you should file a petition to establish a parenting plan. You are entitled to have time with the child/children and if you and the mother can't agree on a schedule for that, the Judge will decide a schedule for you and you both will be bound by...
Insufficient information to enable a response. Was there a divorce? check your parenting plan. If you were never married- how was paternity established- DNA tests or voluntary acknowledgment of paternity (VAP) .
If paternity was established, then you should file a petition to establish a parenting plan. You are entitled to have time with the child/children and if you and the mother can't agree on a schedule for that, the Judge will decide a schedule for you and you both will be bound by...
Q: I’m engaged and expecting our first child in dec. will my fiancé automatically be put on child support since not married
Leonard Robert Grefseng's answer
Nothing will automatically happen- you will have to make a request. Every county in Tennessee has a child support enforcement office ( it is part of the district attorney's office). Once the child is born, consult that office if your are need of child support.
Nothing will automatically happen- you will have to make a request. Every county in Tennessee has a child support enforcement office ( it is part of the district attorney's office). Once the child is born, consult that office if your are need of child support.
Q: My sister has power of attorney over my disabled father. I have POA of our mother.
Leonard Robert Grefseng's answer
If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly.
Consult an experienced local family law attorney asap.
If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly.
Consult an experienced local family law attorney asap.
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