Anthony Marvin Avery's answer The corporate entity that should have been the Defendant should have been brought to the Court's attention earlier. If it is not too late, you may wish to file a Rule 59 Motion or an Appeal. Hire a competent attorney immediately. If it was General Sessions, you have 10 days to file for a new trial in Circuit.
Anthony Marvin Avery's answer You need to find where the car is most of the time. File an Action to Recover Personal Property in General Sessions Court. Court Costs and a possible Bond will be required. You must also put an exact description of the car with VIN in the Civil Warrant. Hopefully the Lender has not already secured the collateral. The Lender must be dealt with also.
Anthony Marvin Avery's answer You have to sue the Thief and the Pawn Shop for Conversion. You may be able to file it yourself in General Sessions Court, but preferably hire an attorney.. But it may not be worth the effort. Even after you get a Judgment, you will have trouble collecting. Service on the Thief may be difficult. It appears that the Pawn Shop will not be criminally liable nor will their License be in jeopardy. If you know where the bike is, you might be able to file an Action To Recovery Personal Property...
Anthony Marvin Avery's answer Generally a Federal suit is controlled by the appropriate State Statute of Limitations. In Tennessee, personal injury is 1 yr, property damage is 3 yr, real estate/title actions are normally 7 yr. and so on. Occasionally a federal cause of action will have federal statute of limitations. You need a lawyer to see what type of case you have, and whether it can be prosecuted.
Anthony Marvin Avery's answer SOL on Class D Felonies is Four Years. I suspect this is more of a Medical Malpractice Case though, which requires many pleadings along with the Suit being filed within One Year of Injury. Assault may be a criminal option for the State, but it has a One Year SOL.
Anthony Marvin Avery's answer It is very possible, and you might even get convicted. There is no Title to a Dog, but it is probably not worth the trouble and risk to prove ownership in Court. Bond, Attorneys, Court Costs and Restitution could be very expensive. Many Judges and DA's will feel very sorry for her.
Whatever you do, do not have an argument with her or she will put you in Jail for alot worse than the ridiculous Theft of a Dog.
Anthony Marvin Avery's answer If the Lienholder does not make a Claim with a Bond within a very short period, just like you have to, then they do not get the collateral back. The Lienholder was probably notified of the Forfeiture Seizure, and the Notice of Seizure should have both your Name and your Lender. If they do get the vehicle, it will probably not satisfy the Debt, and they will be after you for the Note Deficiency.
Anthony Marvin Avery's answer Either Sister Landowner should be able to sue in Chancery for Partition, assuming they are Tenants In Common of 1/2 Undivided Interests each. Either can defend that there should be a equitable split up of the property or that there should be a sale, with the net proceeds divided. It does appear that a surveyed division with easement access could be ordered. It would be easier and cheaper to decide on a voluntary partition of the Tract with a surveyed boundary line. Then each Owner may do as...
Anthony Marvin Avery's answer The normal answer is no. There is an ATF Regulation that sometimes grants ownership of a specific firearm, but it is almost never granted, and never upon a violent firearm criminal conviction. A competent NRA lawyer can advise you of your weapon options.
Leonard Robert Grefseng's answer As you are now the owner, you can decide the terms under which your tenant may continue to live there. However, if he/she refuses your terms and won't sign, you will have to go through the eviction process ( give advance notice of termination, then filing a detainer warrant) to force him to leave. This assumes they won't voluntarily leave.
Leonard Robert Grefseng's answer if more than 10 days have expired since the court date, you will have to re-file the case and pay another filing fee. In other words, just start over. If less than 10 days, you could appeal the dismissal , but the costs of an appeal may be more than just re-filing. Check with the court clerk to see if they will re-set the case (but I suspect this will only work if you have a GOOD reason for missing court).
Leonard Robert Grefseng's answer I suspect not- changing the name will require filing documents to change the ownership of property, vehicles. business licenses, etc. Also, unless it is a sole proprietorship ( a single owner), changing the name will require filing documents with the Secretary of State ( for corporations and limited liability companies). In summary, those name change documents would establish that the former business that you want to sue is actually the same business as the new one , just under a different name.
Mr. Kent Thomas Jones Esq.'s answer Yes. If the Officer has reason for a search than he/she can do so. Your defense in criminal court is that the Officer did not have reason for the search. It is not altogether different that a person got a DUI after being pulled over. The question is did the Officer have reason to pull you over?
Anthony Marvin Avery's answer Probably not as that sounds like a Civil Judgment for Damages. Unless it involves Criminal Trespass, Vandalism or something similar with Restitution, then it is not punishable by incarceration. However the Landlord can attempt to collect on the Judgment, and you cannot ignore a Subpoena to testify as to where your assets/income are. Otherwise you will go to jail for Contempt.
Mr. James Charles Wright's answer I'm guessing you left them there- the custormer is claiming that you didn't finish the job- and that if you want the tools you can either finish the work or otherwise resolve things. You could contact the police but I am doubtful the police would get involved. After all the customer didn't go get the tools - you left them. You likely would need to bring a lawsuit to get the tools back - so it may be better (less expensive) to try to resolve matters amicably. If you can't otherwise work -...
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