Lawyers, Answer Questions  & Get Points Log In
Tennessee Questions & Answers
1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Hi I was pulled over early this morning for brake light and they told me to get it fixed and received a written warning.
Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2020

So what? The LEO performed his job very well and you conducted yourself very well. Do you have a question?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: neighbor capped culvert put in 4" drainage pipe floods my property what can i do ? i live in overton county tn.

property floods water backs up like a pond half of my 1.5 acre yard is flooded. i ve tried talking to them but they don't want to talk about it. natural flow is from my property through their property to retention pond.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 24, 2020

Your neighbor has created what the law calls a "nuisance"- you have the right to sue to have it removed. It sounds like the situation can be corrected, so the nuisance is "temporary." Consult an experienced real estate lawyer.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a landlord force a tenant to continue to pay rent on a month to month basis beyond the expiration of a lease?

I rented a property with a one year lease agreement but only lived there about four months. I allowed other immediate family members to live there after i left and they did horrific damage to house. I have since fixed all damage (myself not by pros). Unfortunately, nothing suits landlord. It's... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

You signed the Lease Contract, which apparently has not been terminated. Read the Lease concerning termination/ default. If you quit paying, the landlord can sue you for the remaining agreed rent, and might add damages. But he might not be able to collect. Walking away might be the prudent... Read more »

1 Answer | Asked in Tax Law for Tennessee on
Q: Does the withdrawal of an NFTL from a particular property mean the property is free of the lien and have a clear title?
Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

No but it helps. There may be other liens, etc. A Fed Tax Lien needs to be released of record, both in the County of recording, and possibly other Counties. The Taxpayer may still have a Notice of Deficiency on him, or some other tax problem. A title search is necessary, and if there is a... Read more »

1 Answer | Asked in Small Claims for Tennessee on
Q: my husband has a judgement on him and im not listed what can happen to me?

I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I have a family member who I let stay in my house withou no lease signed. They have paid rent 1 time while living there.

We had told them at the ending of last month they need to be moved out now they are saying they have 2 months to live there still. They havent paid rent with in the last 3 months at all. Saying we have no right to step on that property to remove them?? They are trying to argue alot with us. The... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 23, 2020

You have to file a Detainer Warrant on the adults. It must be served or posted. You go to Court and ask for possession only. If they do not leave 10 days after judgment, then you must get a Writ issued for the Sheriff to remove them.

1 Answer | Asked in Criminal Law and Military Law for Tennessee on
Q: My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?

I am a 62 y/o Veteran with no prior criminal record. Upon advice from my court appointed lawyer, who did not want to take my case to court.

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2020

Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is to... Read more »

1 Answer | Asked in Family Law and Child Support for Tennessee on
Q: Child support unique situation. I intend to avoid knowing reprecussions.

Non-married, child. 12/15 breakup. Verbal agreement 50/50 sharing. I paid for 80%+ of food, toys, clothing, etc. Everything good. They popped another child out 10/16 and another one 10/17 with partner. Bad financial management led to them getting evicted, 03/18. Provided ex and children a roof over... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 22, 2020

If you are sued by your ex for child support and are properly served, and then you fail to respond, be it in Tenn. or Fla., you'll likely end up with some kind of default order against you. Which can lead to further issues. Best not to ignore lawsuits if one is filed--things usually just get worse.... Read more »

1 Answer | Asked in Domestic Violence for Tennessee on
Q: I was placed on probation for 8 years. My crime was aggravated domestic assault

Since then the order of no contact was lifted and signed by Judge Vance. I have completed my ordered classes, paid off my fines and court costs. I still reside with the "victim".

I am at the halfway mark in terms of my probation.

How can I go about filing a motion for termination... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

You can file a Motion to Modify your Sentence to Unsupervised Probation for the remainder. You need all costs paid perfectly, and the PO or DA can oppose it if they want. These Motions are usually granted if not immediately, then later. I recommend you have a competent attorney file it and... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a question about the court system in child neglect / and or / failure to protect.

Can mother be prosecuted and put on probation for said crime when accused has not been convicted?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jan 21, 2020

No. You have to be convicted for there to be some type of sentence. A conviction can either be by a jury or if you accept a plea by the District Attorney, you are convicted. I would hire a local attorneyl

1 Answer | Asked in Real Estate Law for Tennessee on
Q: 2 property’s sharing well, 1 property sales without being told they must share well. Are we bond to share well now?

Well sets on my property, other property is planning on building 2 more homes and use my well do we have to comply

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

Have you performed a title search? Because of permissive use over time there may be a prescriptive use easement for the benefit of the other property, or you may be able to assert none exists. Be prepared to litigate by hiring a competent attorney to look into it. The burdening water use... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got a speeding ticket and paid it but got 4 points added to my MVR is there any way I can get that removed?

Or would I have to wait 2 years for it to fall off?

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2020

Evidently you pled guilty and paid the Citation. The DOS puts points against your MVR for the last year, and you are only allowed 11. If you get a Notice of Suspension from DOS, hire a competent attorney to get an admin hearing. You cannot remove MVR points.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: title insurance company didnt find the original owners last Will, leaving it to family, now they have and she is losing

My niece bought a house in NC, it was sold and bought 4 times before she bought it. No one ever found the Will from 2003 leaving it to family. But now that she is selling it they found it and they want her to cut the price. Is this legal or not?

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Unless the Will is Probated, it has no effect. But apparently you have a NC Title problem, not in TN. She may wish to walk away from the deal or find someone else to close the transaction.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If officer doesn’t check my registration and insurance and he gives me speeding ticket is it valid ticket?

Troopers

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

The LEO must have gotten your information from his computer check of your tag. The Citation may or may not have errors, but its validity is not an issue, irregardless how the LEO drafted it prior to issuance.

1 Answer | Asked in Uncategorized for Tennessee on
Q: how can i find out a court date for a friend that is locked up in Catoosa County Jail?

They was arrested on a felony probation violation and has some misdemeanor chargers.

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Start calling the Criminal Court Clerk there in that County and State and ask by the Defendant's Name and Birthdate.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can someone else legally have my land surveyed without my permission in the state of Tennessee
Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Absolutely. A TN Registered Licensed Land Surveyor has a License to allow him to survey virtually anywhere in TN. He is not trespassing. Obviously every landowners' property has common corners to someone else's land.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Will a dismissed speeding ticket In GA be reinstated due to speeding ticket 7 months later in NC?

My GA speeding ticket (84 in a 70) was dismissed through community service and traffic school. I now got another ticket in NC for going 72 in a 55. Will my first ticket be reinstated since it’s only been seven months?

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Hopefully not, but where is your License issued? You should hire a competent NC attorney to get the Ticket there dismissed or reduced. Then it has no effect on any DL. It is doubtful NC will talk to GA until the Citation has a disposition, and hopefully will never talk to GA.

1 Answer | Asked in Federal Crimes for Tennessee on
Q: Can my title 40 be used on a felony charge that I was never convicted of?

I was charged with aggravated assault but the case got dismissed in court. I believe the DA used my title 40 to erase the charge from my record even though I wasn’t convicted.

Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

What is your question? You do not have a "title 40". That comprises hundreds of Statutes. Hopefully your charge was actually dismissed, which allowed you to expunge the records. It is not automatic, and it can be extremely difficult with lesser included offenses, etc. Hire a competent TN... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: how do i find out someones court date in Georgia that is incarcerated?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jan 19, 2020

Call the Court Clerk's office in that county, and they will tell you.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Taken my Dui to criminal Court and told there is additional jail time past my 48hrs how much time if conv. 7 days min?

Told there was additional jail time because I decided to fight it in criminal Court, and if I don't take the guilty plea and still found guilty I will have to finish my 48hrs and have more time added? bac wasn't over.20 so what am I looking at 7 days minimum. I know the max

Anthony M. Avery
Anthony M. Avery answered on Jan 16, 2020

You already know...7 days to serve, on a 11 mo/29 day Sentence. But you also have all the First Offense DUI requirements which are extensive and expensive. At Criminal Court you can file Motions, like Suppression, Discovery, Bifurcated Trial, etc. Giving BAC was a mistake, but maybe consent... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.