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Q: Can a permanent resident face ICE after a traffic citation for driving without a license in TN?
I have a young man who was involved in an accident in Tennessee with no injuries or damage reported. He was issued a citation for driving without a license since he doesn't have one. He was instructed to book himself on his own recognizance (ROR) before the court date and to appear in court.... View More 
Carla Grebert
answered on Nov 10, 2025
answered on Nov 10, 2025
A permanent resident with a “green card” is eligible to obtain a driver’s license in Tennessee, and he should start that process right away. Getting a valid license is the best way to resolve a “driving without a license” charge and to prevent future problems.
As for the risk of... View More
Q: Should I retain a lawyer before arraignment for DUI if planning a jury trial?
I am seeking legal advice regarding a first-time DUI charge. I was involved in a single-car accident and had to be extracted from my vehicle. The arresting officer did not conduct any field sobriety tests or a breathalyzer test, as I was transported to the hospital. There was no blood drawn or... View More
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Anthony M. Avery
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answered on Nov 7, 2025
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answered on Nov 7, 2025
You are probably still at General Sessions, so you will want to prepare for a Preliminary Hearing. Trial is at criminal circuit court after an indictment. No tests being conducted is great, but I feel the hospital probably did a blood test which has to be subpoenaed by the State. You cannot... View More
Q: How can I resume house payments after bankruptcy issue?
I filed for bankruptcy a few years ago and made all my payments, but it was dismissed. I continued making my house payments as scheduled. In September 2025, my finance company blocked my account, refusing payments and claiming I owe $32,000 in legal fees because they didn’t receive a payment from... View More
Keith Edmiston
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answered on Nov 5, 2025
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answered on Nov 5, 2025
Hi. You've got a problem that many, many debtors run into when a Chapter 13 case gets dismissed before completion of the payments required by the plan. Absent an adequate protection order, the Chapter 13 Trustee cannot distribute any funds to the creditors until after the plan is confirmed,... View More
Q: How can I resolve a dispute over a property deed in Tennessee with the county?
I bought a property in Tennessee, and the deed indicates that part of it is listed under a different tax ID. This section is claimed by the county under their name without any deed to support their ownership. The county couldn't provide a deed to prove ownership but insisted that they'll... View More
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Anthony M. Avery
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answered on Nov 1, 2025
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answered on Nov 1, 2025
Asserting adverse possession, even under color of title, against the government is usually impossible. It may be a boundary dispute where acquiescence to ascertainable boundary monuments could be alleged. You have a dispute and apparently the grantor told you about it before you were conveyed... View More
Q: Must insurance send cancellation notice before canceling policy?
Legally, before my full coverage auto insurance can be canceled by my insurer, would they be required to send me a notice? I started the policy with a preferred auto company on September 26, 2025. I recently filed a claim yesterday, but I haven't received any communication or notice from my... View More
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Anthony M. Avery
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answered on Oct 30, 2025
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answered on Oct 30, 2025
Even if notice of cancellation is in your contract, carrier might still cancel you and you are left only to sue them. It may take a week to alert their investigator/agent. After that you will want to call them. Is there some reason you think they might cancel you? Do not prejudice your... View More
Q: Can a stepsister claim my father's house without being on the deed?
My father passed away in December 2024, and I am his only biological daughter. Recently, my stepmother passed away on October 27, 2025. My stepsister, who is not biologically related, moved into my father’s house in Tennessee, even though my father's name was the only one on the deed.... View More
Keith Edmiston
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answered on Oct 29, 2025
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answered on Oct 29, 2025
This response assumes that only your father was on the deed when he passed.
THE LAW, GENERALLY. When a person dies without leaving a will (dies "intestate"), the distribution of the deceased's property is governed by statute ("intestate succession"). In... View More
Q: Can a stepsister claim my father's house without being on the deed?
My father passed away in December 2024, and I am his only biological daughter. Recently, my stepmother passed away on October 27, 2025. My stepsister, who is not biologically related, moved into my father’s house in Tennessee, even though my father's name was the only one on the deed.... View More
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Anthony M. Avery
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answered on Oct 30, 2025
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answered on Oct 30, 2025
Hire a lawyer to search the title and determine heirship. If you are the sole heir, then file an unlawful detainer warrant against the stepsister. But you may have to file an ejectment action which is very expensive. Do not waste time here. Paying the note and taxes does not give them title,... View More
Q: Can I get in trouble for missing a debt court appearance due to urgent medical issues?
I am scheduled to appear in court this morning for a debt that I am unable to pay. Due to serious health reasons and caring responsibilities, including raising three grandchildren and taking care of my disabled mother, I am not currently working. The court summons was left at my aunt's house,... View More
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Anthony M. Avery
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answered on Oct 28, 2025
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answered on Oct 28, 2025
A default judgment will go down. You have ten days to ask the Court to set it aside. Hire a lawyer to do this. If you do it yourself, start by going to the Courthouse and getting a copy of the civil warrant with the judgment you want to set aside. Lack of personal service might be sufficient... View More
Q: Is bankruptcy my only protection after an at-fault accident with denied insurance coverage?
I was involved in an at-fault car accident in Tennessee while driving my mother's vehicle. Unfortunately, my insurance has denied coverage because the policy on my mom's vehicle had been dropped, and I mistakenly believed I was still covered. I'm in the process of selling my house... View More
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Anthony M. Avery
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answered on Oct 21, 2025
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answered on Oct 21, 2025
You are not going to be able to sell the house and immediately file BR. It will result in a bad faith dismissal.
Talk to a good BR attorney before doing either. You might be able to reach a compromise with the other car's insurance carrier, especially with a threat of bankruptcy.... View More
Q: Is bankruptcy my only option after denied insurance for at-fault accident?
I was in an at-fault car accident and my insurance denied coverage because I dropped coverage on the car, which is registered to my mom, thinking I would still be covered personally. I've informed the other insurance company that my insurance isn't covering it. The damage amounts to over... View More
Keith Edmiston
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answered on Oct 21, 2025
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answered on Oct 21, 2025
I'm very sorry to hear about your situation. Bankruptcy is not your only option - you could try to make payment arrangements with your creditors. However, with an income of $28,000, it does not seem realistic. I suspect that all of your income is eaten up in just daily living expenses.... View More
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Constitutional Law, Civil Litigation, Civil Rights and Gov & Administrative Law
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Q: Store refuses to release guns, claiming I'm an arms seller; what can I do legally in TN?
I ordered several guns online through Gunbroker, having them transferred to a Glock store. However, the store refused to release the firearms, claiming that I was an arms seller. They have also banned me from the store, informed other stores not to do business with me, and refused to conduct... View More
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Anthony M. Avery
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answered on Oct 17, 2025
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answered on Oct 17, 2025
You are going to have to hire an attorney to sue the firearm dealer who has your guns. If they are already paid for, including the local dealer/defendant's fees, then you might file an Action To Recover Personal Property in General Sessions. But most likely you will have to sue in... View More
Q: Towing company left me inside truck during tow; seeking legal recourse options.
I was in a situation where the company I work for called a towing service to tow my semi-truck, which had broken down and needed to be taken to a dealership. The towing company towed the truck with me and my dog inside the cab instead of moving us to the tow truck's cabin. Was the towing... View More
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Jason C Palmer
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answered on Oct 18, 2025
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answered on Oct 18, 2025
First thing's first: if you were injured as a result of this, seek medical attention. Keep documentation of all bills and records, and make sure you seek medical attention for every injury you sustained or believe you may have sustained.
Second, towing should only be done on unattended... View More
2 Answers
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Criminal Law, DUI / DWI, Traffic Tickets and Insurance Defense
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Tennessee
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Q: How to address drug charges in Gibson County, Tennessee?
I was pulled over for having a tag light that was just barely hanging over my license plate in Gibson County, Tennessee. During the stop, the police charged me with possession of methamphetamines and driving while in possession of meth. They also noted issues with my license plate and insurance.... View More
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Anthony M. Avery
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answered on Oct 13, 2025
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answered on Oct 13, 2025
LEOs are claiming they found drugs under your control somewhere. Perhaps you did not notice their searching, or it occurred after the vehicle was impounded. Hire an attorney to prepare for the PreLiminary Hearing. When indicted you will want to file a motion to suppress for an illegal stop if... View More
Q: How can I legally evict non-paying occupants in my Tennessee home?
I am the owner of a house in Chattanooga, Tennessee, and have been experiencing issues with two occupants: my 18-year-old granddaughter, who has lived here most of her life, and her boyfriend, who moved in about a year ago to help with the baby. They have not paid rent and refused to leave despite... View More
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Anthony M. Avery
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answered on Oct 13, 2025
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answered on Oct 13, 2025
Hire a TN attorney to file an unlawful detainer warrant. Since GrandDaughter has been there a long time, you may have a problem if she retains a good lawyer. I will not get into why here. File the action now. Sue for possession only. It must be served or posted, then judgment and then if... View More
Q: Can a credit card company put a lien on my home for debt? Court date 10/20.
I am being sued by a credit card company for a debt of $16,000 because I lost my job and couldn't make payments, though I've recently found employment. The court date is October 20, and the only communication from them was an offer to pay off early. I still have a mortgage on my home. Can... View More
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Anthony M. Avery
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answered on Oct 13, 2025
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answered on Oct 13, 2025
Plaintiff can get a judgment and lien against your real property. If you fight it, you need an attorney to file a sworn denial now. If a judgment goes down, then have your attorney exercise your exemption rights. Do not disclose employment or where you bank except if you are forced to in Court... View More
Q: How can I release my son from financial responsibility for his father's debts?
I'm looking for advice on how to release my 48-year-old son from any potential responsibility for his 78-year-old father's medical expenses and credit card debt. His father is currently in a rehab facility, and I believe his insurance coverage is running out. There is no legal agreement... View More
Jason Savarese
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answered on Oct 8, 2025
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answered on Oct 8, 2025
Usually, a son is not liable for his father's debts unless he specifically signs a contract agreeing to be legally responsible for paying those debts. The type of debt doesn't matter. So, his son needs to very carefully read everything he is asked to sign, to ensure he does not sign... View More
Q: Received a court summons from a debt collector for credit card debt. Can I avoid going to court?
I recently received a summons for General Sessions Court from a debt collector for a credit card debt totaling $1,098.34 plus the cost of the suit. I had no previous communication or notices from the debt collector before being served. The summons includes a court date, and this is my first time... View More
Scott McKenzie Stevens
answered on Oct 6, 2025
answered on Oct 6, 2025
You will need to file an Answer with the Court to avoid a Default Judgment. Once that is done you may contact the Plaintiff's attorney to see if they want to settle with you or not. However due to time constraints it may not be possible to avoid a court appearance unless you can work out a... View More
Q: How many driver's license points for ticket and school reduction?
I received a ticket today for following too close in Tennessee. How many points will be added to my driver's license for this offense, and is it possible to attend driving school to reduce these points?
Michael R. Stooksbury
answered on Oct 2, 2025
answered on Oct 2, 2025
A finding of guilty on a following improperly ticket would result in 3 points added to your license. If you accumulate 12 points in a one year period, the state may suspend your license. Driving school may be an option if you have not attended in the last few years, but that is up to the DA (or... View More
Q: Lien on parents' home not updated or released, how to remove?
In 2010, the chancery court of Williamson County placed two identical liens on my parents' home, totaling $700,000, due to a judgment. These liens haven't been updated or marked as released in the Williamson County deed office records. My parents, both aged 83 and 85, are unable to pay... View More
Scott McKenzie Stevens
answered on Oct 15, 2025
answered on Oct 15, 2025
Judgments in TN are valid for a period of 10 years. Unless the Judgments were renewed the filings in the Registry of Deeds of these Judgments would have expired by operation of law. If there is a concern that these still appear of record (even though expired), you may be able to file an... View More
Q: Can a TN Warranty Deed include "Transfer Upon Death" for TIC owners?
I want to know if a Warranty Deed in Tennessee can include a "Transfer Upon Death" provision. The property is held as Tenants in Common by a mother and son. We want to know if the son can designate the mother as the transferee to avoid probate. Also, there seems to be an issue with... View More
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Nina Whitehurst
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answered on Sep 26, 2025
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answered on Sep 26, 2025
There is no statutory authority for TOD deeds in Tennessee. The best solution is a revocable or irrevocable living trust. The choice depends on your other goals.
Joint tenancy with right of survivorship also works to transfer ownership at death but this technique has significant downsides... View More
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