Tennessee Questions & Answers by Practice Area
- Bankruptcy
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Tennessee Questions & Answers
Q: This would have to do with Employment Law dealing with Drug testing after employment, not pre-employment.
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Tennessee
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
William Head's answer
Two issues are shown here. One, the application for employment. What was on it MAY make a difference.
Second, what was the drug? Drugs relating to mental conditions, for which the safety of others is at risk can be a problem.
To make sure that this was not merely an EXCUSE, contact a TN specialist:
http://attorneys.superlawyers.com/wrongful-termination/tennessee/
Two issues are shown here. One, the application for employment. What was on it MAY make a difference.
Second, what was the drug? Drugs relating to mental conditions, for which the safety of others is at risk can be a problem.
To make sure that this was not merely an EXCUSE, contact a TN specialist:
http://attorneys.superlawyers.com/wrongful-termination/tennessee/
Q: Can you be arrested in Tennessee for not complying with the police officer during a traffic stop
1 Answer
| Asked
in
Civil Rights, Criminal Law and Traffic Tickets
for
Tennessee
on
Answered on Aug 20, 2017
Answered on Aug 20, 2017
William Head's answer
The phrase "not complying" is too generic to tell what happened.
In a nutshell, once pulled over, you are required to give your name and address. That is it.
But, if you did not follow orders of police, for getting out of the car, or physically resisted them, when the arrest was taking place, a crime can be charged.
Plus, a traffic stop indicates a traffic offense. That means something was SEEN by the officer that was a law violation.
Additionally, something as...
The phrase "not complying" is too generic to tell what happened.
In a nutshell, once pulled over, you are required to give your name and address. That is it.
But, if you did not follow orders of police, for getting out of the car, or physically resisted them, when the arrest was taking place, a crime can be charged.
Plus, a traffic stop indicates a traffic offense. That means something was SEEN by the officer that was a law violation.
Additionally, something as...
Q: Hi. My ex husband gave me a car in credit as a gift , which he is still paying for and willing to pay after divorce.
Leonard Robert Grefseng's answer
Your divorce IS a legal agreement ( whether you both signed or whether you went to court and the Judge made a decision for you). If you are not yet divorced, you can put the terms for you to get the car and for him to pay for it in a "marital dissolution agreement" - along with other terms for the divorce. Your question isn't clear about your status, but what you are requesting is common and can probably be done. You best bet is to consult an experienced lawyer.
Your divorce IS a legal agreement ( whether you both signed or whether you went to court and the Judge made a decision for you). If you are not yet divorced, you can put the terms for you to get the car and for him to pay for it in a "marital dissolution agreement" - along with other terms for the divorce. Your question isn't clear about your status, but what you are requesting is common and can probably be done. You best bet is to consult an experienced lawyer.
Q: We were selling our home and the buyer had a contract drawn up but didn't put a date on there also didn't have us go
1 Answer
| Asked
in
Civil Litigation, Contracts and Real Estate Law
for
Tennessee
on
Answered on Aug 18, 2017
Answered on Aug 18, 2017
Mr. James Charles Wright's answer
The contract is very important to the issues you raise. In Tennessee real estate agents generally use a standard form contract. Your contract sounds like something the buyer created. You should reveiw the contract carefully and probably should have an attorney review. You indicate the contract did not have a "date" in it. I am assuming by this you mean a "closing date." If there was no closing date then the law would presume a reasonalble time. You also mention a lawsuit filed against...
The contract is very important to the issues you raise. In Tennessee real estate agents generally use a standard form contract. Your contract sounds like something the buyer created. You should reveiw the contract carefully and probably should have an attorney review. You indicate the contract did not have a "date" in it. I am assuming by this you mean a "closing date." If there was no closing date then the law would presume a reasonalble time. You also mention a lawsuit filed against...
Q: Can a person make a promise on behalf of someone else?
Mr. James Charles Wright's answer
Releases of liability generally enforceable to protect from liability for negligence. The release would not be valid to protect from intentional acts of the business or its employees. You are right to weigh carefully whether to sign a release.
Releases of liability generally enforceable to protect from liability for negligence. The release would not be valid to protect from intentional acts of the business or its employees. You are right to weigh carefully whether to sign a release.
Q: My son is 7 my husband is not his father but we are still legally married and want to get a divorce. Do we need DNA test
Leonard Robert Grefseng's answer
Yes. You don't say when you got married, but there is a legal presumption that any child born during the marriage is the child of the husband. In order to rebut ( overcome) the presumption, you will need to prove/convince the Judge that your husband is not the father. DNA testing is the best way to do that. If you don't, its possible that the divorce Judge would impose a child support obligation on your husband. The Judge is requires by state law to make sure the child support law is enforced.
Yes. You don't say when you got married, but there is a legal presumption that any child born during the marriage is the child of the husband. In order to rebut ( overcome) the presumption, you will need to prove/convince the Judge that your husband is not the father. DNA testing is the best way to do that. If you don't, its possible that the divorce Judge would impose a child support obligation on your husband. The Judge is requires by state law to make sure the child support law is enforced.
Q: What can I do about hit and run?
1 Answer
| Asked
in
Personal Injury and Insurance Bad Faith
for
Tennessee
on
Answered on Aug 17, 2017
Answered on Aug 17, 2017
William Head's answer
You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.
You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.
Q: How can I have evictions on civil record removed in Tennessee when I live in the same apartment?
Leonard Robert Grefseng's answer
Public records, once filed, really can't be removed or erased. However, it appears the landlord continues to allow you to remain even thought they filed to evict you 3 times. Get copies of the prior evictions- I suspect they will all refer to the same address. This is your proof that you were NOT actually evicted, that the landlord accepted your payment and allowed your to continue to live there. It may take some explaining, but there is no other explanation, Why else would someone need to be...
Public records, once filed, really can't be removed or erased. However, it appears the landlord continues to allow you to remain even thought they filed to evict you 3 times. Get copies of the prior evictions- I suspect they will all refer to the same address. This is your proof that you were NOT actually evicted, that the landlord accepted your payment and allowed your to continue to live there. It may take some explaining, but there is no other explanation, Why else would someone need to be...
Q: If I live with my boyfriend can I be held responsible for helping with his child support because of the household income
Leonard Robert Grefseng's answer
YOU can't be held responsible for his child/children, but if you help with expenses, then that is INCOME to you boyfriend. ( For example, if someone else paid your bills, isn't that like giving you money? ) I wish someone would pay my bills. So, if you pay or help provide for the household, yes, that can be considered income to the other member of the household. However, if he is the father of your expected child, he has a duty to support that child also, so that child, once born, should be...
YOU can't be held responsible for his child/children, but if you help with expenses, then that is INCOME to you boyfriend. ( For example, if someone else paid your bills, isn't that like giving you money? ) I wish someone would pay my bills. So, if you pay or help provide for the household, yes, that can be considered income to the other member of the household. However, if he is the father of your expected child, he has a duty to support that child also, so that child, once born, should be...
Q: Me and kids mom never married, I get the boys every other weekend, give her money. Can she get back child support?
Leonard Robert Grefseng's answer
As to the back child support, she can certainly file for it. There is no longer a statute of limitations on collection of child support. You don't say how old your kids are, or if there is any kind of court order in effect. If nothing was ever done, you should get paternity established. You will have the opportunity in court to demonstrate that you have provided some support for these children if the mother attempts to get an award of "retroactive" support.
Child support is based on...
As to the back child support, she can certainly file for it. There is no longer a statute of limitations on collection of child support. You don't say how old your kids are, or if there is any kind of court order in effect. If nothing was ever done, you should get paternity established. You will have the opportunity in court to demonstrate that you have provided some support for these children if the mother attempts to get an award of "retroactive" support.
Child support is based on...
Q: is there a law that protects a student from a drug interaction when it affects their performance for grades
1 Answer
| Asked
in
Civil Rights, Education Law and Health Care Law
for
Tennessee
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
William Head's answer
This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.
http://attorneys.superlawyers.com/products-liability/tennessee/
This case likely will not be pursued by a Tennessee civil lawyer, but this link takes you to a listing of TN cities, that you can use to fine a list of lawyers near you. Call a few of them, and talk via phone, to see if the case has any value.
http://attorneys.superlawyers.com/products-liability/tennessee/
Q: Can a woman move in with a man who she is not married to if she is getting child support and other government benefits?
Leonard Robert Grefseng's answer
Yes. However, her living arrangements do affect her eligibility for government benefits, so there is likely some duty to report material (significant) changes.
Yes. However, her living arrangements do affect her eligibility for government benefits, so there is likely some duty to report material (significant) changes.
Q: What's the best defense in a contempt of court case?
Leonard Robert Grefseng's answer
The most common defense is "inability to pay"- for jail time to be imposed, the Judge must find that the contempt is "willful" or in other words, you chose not to pay. If you did not have enough money to pay, you had no choice.
However, this requires complete disclosure of your finances. If you had money and spent it on other bills, this won't work. You have the right to an appointed lawyer if you can't afford one and they are asking for jail time.
The most common defense is "inability to pay"- for jail time to be imposed, the Judge must find that the contempt is "willful" or in other words, you chose not to pay. If you did not have enough money to pay, you had no choice.
However, this requires complete disclosure of your finances. If you had money and spent it on other bills, this won't work. You have the right to an appointed lawyer if you can't afford one and they are asking for jail time.
Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?
Leonard Robert Grefseng's answer
This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
Q: I purchased a family home..How can I protect this investment in the event i get divorced
Anthony Marvin Avery's answer
There are numerous conveyance methods to keep the improved real property in your Family's ownership. You did not give enough information about your Family members or exactly who you wanted to have the property at your death. Of course should others have an interest in the property, present or future, they must also convey their interests in the event you sell it. A Life Estate/ Remainder Deed or even a Class Gift might work well for you. You need a competent attorney who can draft such a...
There are numerous conveyance methods to keep the improved real property in your Family's ownership. You did not give enough information about your Family members or exactly who you wanted to have the property at your death. Of course should others have an interest in the property, present or future, they must also convey their interests in the event you sell it. A Life Estate/ Remainder Deed or even a Class Gift might work well for you. You need a competent attorney who can draft such a...
Q: Question about the difference between a proposal and a contract.
Mr. James Charles Wright's answer
The contract is as binding as its terms. If the due diligence provided an out then it may not be binding. If all terms have been met then the buyer may owe damages for breach or you may be entitled to have the contract performed. The right to retain or return of escrow will be controlled by the contract. Also the contract may provide for attorney fees and costs.
The contract is as binding as its terms. If the due diligence provided an out then it may not be binding. If all terms have been met then the buyer may owe damages for breach or you may be entitled to have the contract performed. The right to retain or return of escrow will be controlled by the contract. Also the contract may provide for attorney fees and costs.
Q: Son and girlfriend moved in uninvited there is no lease how to remove it's been 3 years
1 Answer
| Asked
in
Estate Planning, Real Estate Law, Elder Law and Landlord - Tenant
for
Tennessee
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Anthony Marvin Avery's answer
You will need to file a Detainer Warrant in General Sessions immediately, requesting "For Possession Only". There is a three year Statute of Limitations on Unlawful Detainers, but it is up to them to raise the issue. After Judgment if they are still there you will have to request a Writ of Possession to be entered and executed. It sounds like they will not like Deputies coming to serve process on them. Be careful though as they might try to charge you with domestic violence or some...
You will need to file a Detainer Warrant in General Sessions immediately, requesting "For Possession Only". There is a three year Statute of Limitations on Unlawful Detainers, but it is up to them to raise the issue. After Judgment if they are still there you will have to request a Writ of Possession to be entered and executed. It sounds like they will not like Deputies coming to serve process on them. Be careful though as they might try to charge you with domestic violence or some...
Q: Im a stepparent to a minor and carry her on my policy am I financially responsible for any medical bills in state of TN
Leonard Robert Grefseng's answer
No, you have no legal obligation to support or provide medical care for any child that is not your biological or legally adopted child. This is not what the collection people will tell you, in fact, I expect they will tell you just the opposite. The fact that you choose to,or are able to provide medical insurance is voluntary ( I assume the extra coverage is not free- you have to pay for it) is of no consequence. However, sometimes in the "fine print" on hospital admission forms or intake...
No, you have no legal obligation to support or provide medical care for any child that is not your biological or legally adopted child. This is not what the collection people will tell you, in fact, I expect they will tell you just the opposite. The fact that you choose to,or are able to provide medical insurance is voluntary ( I assume the extra coverage is not free- you have to pay for it) is of no consequence. However, sometimes in the "fine print" on hospital admission forms or intake...
Q: My mother in law is keeping our pit for a couple of months until we move. She had him fixed without our consent.
1 Answer
| Asked
in
Civil Litigation, Family Law and Animal / Dog Law
for
Tennessee
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Leonard Robert Grefseng's answer
If you have proof of purchasing the animal, I suggest you file a lawsuit to recover it. ( an animal is simply considered property under TN law). I expect she will say that you made a "gift", in other words, that you gave her the dog to keep, so try to find anything ( an email, or old text message) which confirms she was just babysitting the dog for you. Bad news is: this may be your word versus hers, and as the plaintiff in the lawsuit, the burden of proof would be on you to establish your...
If you have proof of purchasing the animal, I suggest you file a lawsuit to recover it. ( an animal is simply considered property under TN law). I expect she will say that you made a "gift", in other words, that you gave her the dog to keep, so try to find anything ( an email, or old text message) which confirms she was just babysitting the dog for you. Bad news is: this may be your word versus hers, and as the plaintiff in the lawsuit, the burden of proof would be on you to establish your...
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