Tennessee Questions & Answers by Practice Area
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Tennessee Questions & Answers
Q: How long after eviction for possession
Leonard Robert Grefseng's answer
If I understand your question, if a general sessions court Judge has granted a judgment for possession, that judgment is not "final" for a period of ten calendar days. During that ten day time period, either side could ask/file a request for an "appeal." If no appeal is filed during that time, the judgment becomes "final" and enforceable. If the tenants are not out, and the Judgment is final, the property owner can ask the court clerk to issue a "writ of restitution"- this is a written order...
If I understand your question, if a general sessions court Judge has granted a judgment for possession, that judgment is not "final" for a period of ten calendar days. During that ten day time period, either side could ask/file a request for an "appeal." If no appeal is filed during that time, the judgment becomes "final" and enforceable. If the tenants are not out, and the Judgment is final, the property owner can ask the court clerk to issue a "writ of restitution"- this is a written order...
Q: I am a landlord and I won a a case against a tenant for unpaid rent.I filed for a wage garnish since pay was..read on
Leonard Robert Grefseng's answer
If the employer fails to answer the garnishment, you can ask the judge to enter a Judgment against the employer. You must give them advance notice of the hearing where you ask for the "conditional judgment." If they fail to appear or respond to that notice, the Judge will grant judgment for the amount owed. In the end, BOTH the original debtor and his employer will owe the amount.
If the employer fails to answer the garnishment, you can ask the judge to enter a Judgment against the employer. You must give them advance notice of the hearing where you ask for the "conditional judgment." If they fail to appear or respond to that notice, the Judge will grant judgment for the amount owed. In the end, BOTH the original debtor and his employer will owe the amount.
Q: Can I be charged with possession and concealed carry? If neither were within reach.
Anthony Marvin Avery's answer
You will want to file a Motion To Suppress as you could not give permission to search car. Hopefully you did not have the keys to the car or the room. The Government can argue constructive possession, but hopefully your prints were not on weapon nor ammo. Also hopefully there are no witnesses placing you with the weapon earlier. Finally I trust that you did not give permission for any type of search. Hire a competent attorney now, who must immediately research the Case and prepare Motions...
You will want to file a Motion To Suppress as you could not give permission to search car. Hopefully you did not have the keys to the car or the room. The Government can argue constructive possession, but hopefully your prints were not on weapon nor ammo. Also hopefully there are no witnesses placing you with the weapon earlier. Finally I trust that you did not give permission for any type of search. Hire a competent attorney now, who must immediately research the Case and prepare Motions...
Q: If I signed a waiver for notice of default,what happens if my landlord decides to not accept my partial rent anymore ?
1 Answer
| Asked
in
Contracts, Real Estate Law and Landlord - Tenant
for
Tennessee
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Anthony Marvin Avery's answer
The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.
The Landlord will probably file and serve a Detainer Warrant for you in General Sessions Court. He may just ask for Possession or he may additionally sue you for rent and damages.
Q: If I’m 18 and I had a 16 year old accuse me of touching her no intercourse what’s the worst that could happen?
Anthony Marvin Avery's answer
Several possible charges: Aggravated Sexual Battery; Assault; Attempted Rape; and others.. I recommend not having any contact with her or her friends.
Several possible charges: Aggravated Sexual Battery; Assault; Attempted Rape; and others.. I recommend not having any contact with her or her friends.
Q: Can i be charged with possession if I OD'd and cops found drugs on me while doing CPR?
Anthony Marvin Avery's answer
Yes. The EMT's do not need your permission to save your life. And you do not have to give consent to search incident to emergency medical treatment. Only defense may be that the cops did not actually find the drugs, but the EMT's may be subpoenaed.
Yes. The EMT's do not need your permission to save your life. And you do not have to give consent to search incident to emergency medical treatment. Only defense may be that the cops did not actually find the drugs, but the EMT's may be subpoenaed.
Q: When and how does it change from a person criminally trespassing to a person being considered a tenant in Tennessee?
2 Answers
| Asked
in
Landlord - Tenant and Real Estate Law
for
Tennessee
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Leonard Robert Grefseng's answer
The safest route is to evict her. Unfortunately, the Police/Sheriff Deputies are often reluctant to assist and pursue trespassing charges as they generally consider these situations as a "civil" dispute( as opposed to criminal).
The safest route is to evict her. Unfortunately, the Police/Sheriff Deputies are often reluctant to assist and pursue trespassing charges as they generally consider these situations as a "civil" dispute( as opposed to criminal).
Q: What options does an owner have when property manager releases tenants without damages when damages were present
Anthony Marvin Avery's answer
Unless the Lease or a Release says otherwise, as the real party in interest, you can sue for Tort Property Damages, probably in General Sessions. You will need expert testimony concerning actual damages and their cost of repair. Hopefully you have some information concerning employment and banking of the former Tenants. It may not be worth the trouble to sue them. Hire a competent attorney.
Unless the Lease or a Release says otherwise, as the real party in interest, you can sue for Tort Property Damages, probably in General Sessions. You will need expert testimony concerning actual damages and their cost of repair. Hopefully you have some information concerning employment and banking of the former Tenants. It may not be worth the trouble to sue them. Hire a competent attorney.
Q: If you are sentenced to prison for 6 years at 30 percent, how much time are you required to spend in prison
Anthony Marvin Avery's answer
Obviously you must serve at least 22 months prior to reaching your Parole Eligibility Date as a Range I Offender. But just because you get a Parole hearing does not mean you are granted an exit from the Penitentiary. Good Luck
Obviously you must serve at least 22 months prior to reaching your Parole Eligibility Date as a Range I Offender. But just because you get a Parole hearing does not mean you are granted an exit from the Penitentiary. Good Luck
Q: We rent a family home that is next door to our home. There are 60+ acres of farmland surrounding the house.
Leonard Robert Grefseng's answer
If I understand the facts, then NO, the lease was modified when you offered them the option to pay for the hunting and fishing ( and I assume they agreed and paid). By doing so, you essentially agreed the prior violation would not be an eviction offenses. The security deposit is usually to protect for damage to the premises. Consult an experienced local real estate attorney for advice on your specific situation.
If I understand the facts, then NO, the lease was modified when you offered them the option to pay for the hunting and fishing ( and I assume they agreed and paid). By doing so, you essentially agreed the prior violation would not be an eviction offenses. The security deposit is usually to protect for damage to the premises. Consult an experienced local real estate attorney for advice on your specific situation.
Q: My son is 17 & just moved with me he'll be 18 in 3 mths but won't graduate from HS until 2020. How do stop child support
Leonard Robert Grefseng's answer
All courts work on written requests, sometimes called a "complaint" or "petition" or "motion." In your case it sound like the proper paper to file with the court clerk where your divorce case took place would be a "petition to modify the parenting plan." I assume the boy had been living with the other parent. If so, you must get court approval of that arrangement ( it does not have to be a battle, your ex can agree to the change). You and he/she can't just change things on your own- the Court...
All courts work on written requests, sometimes called a "complaint" or "petition" or "motion." In your case it sound like the proper paper to file with the court clerk where your divorce case took place would be a "petition to modify the parenting plan." I assume the boy had been living with the other parent. If so, you must get court approval of that arrangement ( it does not have to be a battle, your ex can agree to the change). You and he/she can't just change things on your own- the Court...
Q: I checked the entire contract and there is nothing in there for them to terminate my contract.
Frank J. Steiner's answer
General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.
General Sessions, (small claims) has a jurisdictional limit of 25,000. If the damages are more than that it would be filed in Circuit. You really need to discuss this with a Lawyer before you proceed.
Q: Evicted tenant damaged house beyond security deposit I paid $3000 for repairs.
Leonard Robert Grefseng's answer
Yes, unless the lease has some other provision, the statute of limitation on property damage is usually 3 years. However, I would encourage you not to wait, its usually better to pursue any claim as soon as possible.
Yes, unless the lease has some other provision, the statute of limitation on property damage is usually 3 years. However, I would encourage you not to wait, its usually better to pursue any claim as soon as possible.
Q: If separated for over six years in TN. Could alimony still be awarded.
Leonard Robert Grefseng's answer
Not enough information provided to truly accurately answer this question- no lawyer can ever make "guarantees" over issues which are subject to the judges discretion: however, if one spouse has lived on their own for 6 years without any support, its seems highly unlikely that they could prove a financial need for support. consult an experienced divorce lawyer for specific advice on your particular situation.
Not enough information provided to truly accurately answer this question- no lawyer can ever make "guarantees" over issues which are subject to the judges discretion: however, if one spouse has lived on their own for 6 years without any support, its seems highly unlikely that they could prove a financial need for support. consult an experienced divorce lawyer for specific advice on your particular situation.
Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Tennessee
on
Answered on Nov 6, 2018
Answered on Nov 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.
You really need to consult with a local employment discrimination...
Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.
You really need to consult with a local employment discrimination...
Q: Can my spouse stop the sale of my house when the alternative is foreclosure?
1 Answer
| Asked
in
Foreclosure, Real Estate Law and Divorce
for
Tennessee
on
Answered on Nov 5, 2018
Answered on Nov 5, 2018
Anthony Marvin Avery's answer
As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.
As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.
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