Tennessee Civil Litigation Questions & Answers

Q: I'm female 58, my husband male is 62. We've been married 41 years. He collects worker's comp and disability social secu

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on
Answered on Mar 20, 2018
Marjorie A Bristol's answer
You should consult an attorney to discuss your options. Many will offer a free consultation. You shouldn't stay in a marriage with an ass. You have options. They may not be easy options, but you have options.

Q: I would like to sue the Ford company for its 5.4 L engine problems since they have had many issues and no solutions

1 Answer | Asked in Car Accidents and Civil Litigation for Tennessee on
Answered on Mar 13, 2018
Peter N. Munsing's answer
look for a class action but generally the problem you have is if you bought your truck as is, that means warts and all.

Q: General partnership.partner is refusing to give me my half of pay for the month that I earned.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Tennessee on
Answered on Feb 23, 2018
Mr. James Charles Wright's answer
You may have to file a lawsuit to enforce the partnership agreement.

Q: Life trust doesn’t have all assets on it and wasn’t every official and the fiduciary is just giving away thinks away

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on
Answered on Feb 5, 2018
Leonard Robert Grefseng's answer
Sorry, but your question is unclear. If you believe the trustee is acting inappropriately, review the trust agreement carefully to determine if the trustee is given authority to act in the manner you have described. If not, I would notify the trustee in writing of your concerns and ask for a written explanation. If that is unsatisfactory, you will have to file a lawsuit against the trustee asking the Court to remove him/her form the position and to make the trustee repay the value of the...

Q: I'm trying to find out if since I have new information to a civil case if I can file another case or not.

1 Answer | Asked in Civil Litigation, Small Claims and Car Accidents for Tennessee on
Answered on Feb 5, 2018
Leonard Robert Grefseng's answer
Sorry, but probably not. In order to have a case "re-opened" ( not a legal term) on the basis of "newly discovered evidence" you have to show that the evidenced was not available at the time of the first hearing. From what you described, that does not appear to be possible. Consult an experienced litigation lawyer asap for more specific advice on your particular case. There are time limits that must be observed.

Q: Do I need a lawyer for a General Sessions court hearing regarding civil action for breach of contract?

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Answered on Feb 3, 2018
Bennett James Wills' answer
There's no requirement for you to have an attorney (unless you are a business); but it usually helps.

Q: What is a subpoena for bank information? State of TN.

1 Answer | Asked in Civil Litigation for Tennessee on
Answered on Feb 3, 2018
Bennett James Wills' answer
If you received a subpoena for records someone is looking for your bank records. Call the clerk's office if you are unsure if it is real.

Q: Suspended license

1 Answer | Asked in Civil Litigation, Traffic Tickets and Criminal Law for Tennessee on
Answered on Jan 29, 2018
Marjorie A Bristol's answer
You should contact the Department of Safety and Homeland Security. They can tell you why your license is suspended. It usually has to do with tickets that were not paid and can be resolved.

Q: Is it against the law for a person to claim they are the stepmother of a child 15 yrs of age in order to.....

1 Answer | Asked in Civil Litigation, Family Law and Juvenile Law for Tennessee on
Answered on Jan 22, 2018
Marjorie A Bristol's answer
A 15 yo does not need parental consent to go on birth control They can consent themselves. So someone pretending to be a step parent is irrelevant. A step parent could not consent if consent were needed. If consent is needed, only a parent or legal guardian can consent.

Q: If someone use your car and wreck can your license be revoked by a Law Firm if you was not at fault?

1 Answer | Asked in Civil Litigation and Car Accidents for Tennessee on
Answered on Jan 19, 2018
Leonard Robert Grefseng's answer
Your question is hard to follow, but if you were not insured, and your vehicle was involved in a wreck, Yes, you can be held liable for the damages as the owner of the vehicle. Your license can be revoked for failure to comply with the financial responsibility law ( insurance) if you do not pay for the damages.

Q: the state of Tennessee how long can a debt collector try to collect on a civil judgement. if there is a time limit

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Answered on Jan 18, 2018
Leonard Robert Grefseng's answer
An action to enforce/collect a Tennessee judgment must be filed within ten (10) years from the entry of the judgment- the day the written judgment signed by the Judge is filed in the court clerk's office. However the ten year period can be EXTENDED- the creditor has to file a request seeking the extension within that same ten year period.

Q: Can you have a legal sexual contract?

2 Answers | Asked in Child Support, Civil Litigation and Contracts for Tennessee on
Answered on Jan 18, 2018
Mr. James Charles Wright's answer
Don't think so. Child support obligation is for the benefit of the child. This sounds like a contract that would be against public policy. I can't point to anything specifc but it doesn't sound enforceable. Also, what if she takes the birth control has a child despite the best science can offer or a mistake happens.

Q: I am a dependent neglect survivor from Knoxville tn. Am I able to access court records dating back that long?

1 Answer | Asked in Family Law and Civil Litigation for Tennessee on
Answered on Jan 12, 2018
Marjorie A Bristol's answer
Unfortunately, attorneys are not allowed to solicit clients on this forum. You can search for an attorney who is experienced with child abuse and civil rights matters. How long ago was it?

Q: Can I garnish wages of a defendants spouse since they are married?

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Answered on Jan 9, 2018
Leonard Robert Grefseng's answer
Probably not, if you did not sue the wife also then your judgment is against the husband only. A spouse is not automatically responsible of the debts of the other spouse, so it sounds like the wife was not part of the lawsuit. Attempting to garnish her wages would likely not be permitted. Collection a judgment is a complicated process and most of the time, it involves lots of effort to collect INFORMATION ( employment, assets, bank accounts, property, etc) so you will want to do lots of...

Q: What lawsuit can I file if the police shot and killed my son? He did not have a gun or any weapon.

1 Answer | Asked in Civil Rights, Criminal Law and Civil Litigation for Tennessee on
Answered on Jan 4, 2018
Marjorie A Bristol's answer
You should contact a civil rights attorney to see if there is sufficient evidence to file a civil rights lawsuit against the police.

Q: How do I collect money now that I have won a judgement in civil court?

1 Answer | Asked in Civil Litigation, Collections and Small Claims for Tennessee on
Answered on Dec 28, 2017
Leonard Robert Grefseng's answer
The rules of civil procedure provide for "discovery" to aid in collection. In other words, you can demand by subpoena to make the debtor appear in court and answer questions about their work and assets. Your question doesn't specify whether your judgment was granted by the circuit or general sessions court, but this procedure is available in both courts ( there is a specific statute for sessions court). Do some internet research, I suspect there are lots of informative websites on collection...

Q: If someone stands outside a post office and yells at/ approaches the employees is this harassment?

1 Answer | Asked in Civil Litigation, Criminal Law and Employment Law for Tennessee on
Answered on Dec 18, 2017
Bennett James Wills' answer
If this person shows up again it would seem that it is a matter for the police to handle.

Q: My ex-husband and I divorced in 2008. I live in Tn and just found him. How do I collect this judgment? Divorced in AL

1 Answer | Asked in Civil Litigation, Divorce and Small Claims for Tennessee on
Answered on Dec 18, 2017
Leonard Robert Grefseng's answer
There is a process for enrolling a "foreign judgment" in each State. "Foreign" means a judgment from out of state, not from another country. In order to enforce the Alabama decree, you must enroll the judgment in Florida and when that process is completed, the Alabama judgment is then just like a Florida judgment. You can then try garnishing his Florida wages. Be advised that Florida has some of the most liberal protection laws for debtors in the U.S. Consider hiring a Florida lawyer to assist...

Q: Can I have a clause on lease that if Tennant allows others not on lease to live there that they forfeit the deposit?

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Dec 13, 2017
Leonard Robert Grefseng's answer
Depending on what county you live in, that may be possible. Tennessee has a "Landlord and Tenant Act" which applies in most of the large cities (Memphis, Nashville, Knoxville, Chattanooga and some others as well) and under that law, security deposits have particular requirements ( such as being held in a separate bank account)

I do no think it would be wise to try and accomplish this penalty in those counties. I strongly suggest you consult an experienced real estate attorney to...

Q: Do I have to pay storage and towing fees if I don't retrieve my vehicle from a private wrecker service?

1 Answer | Asked in Civil Litigation and Consumer Law for Tennessee on
Answered on Nov 28, 2017
Leonard Robert Grefseng's answer
If you hired the towing company, you are personally liable for the towing fees. Storage is another matter, but I suspect the paperwork you signed ( if there is any) also allows them to charge a storage fee. If the apartment complex ( your landlord?) hired the towing company, you are probably not liable ( you would have to check your lease). However, in order to get your car back, you will have to pay them since they have a possessory lien on the vehicle. In other words, they can hold the...

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