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Tennessee Civil Litigation Questions & Answers

1 Answer | Asked in Civil Litigation for Tennessee on

Q: When should/can I (as defendant)file a counter suit/claim for attorney fees as a result of a plaintiff suing me?

Leonard Robert Grefseng answered on Apr 20, 2018

Attorney fees are not always recoverable, either the contract /agreement between the litigants must provide for fees to be recovered, or there must be a state or federal statute that allows recovery. If neither situation exists, the general rule in Tennessee is that each party must pay their own... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Tennessee on

Q: In the wittiness statement she said she held against her will but when the people left she escape. But in the police

Statement they said when they search the house she was one of the people that was found in the house so how was she held against her will and escape when the people left but was found at the scene when the officers search the house to me it means she escape and left but came back after being held... Read more »

Anthony M. Avery answered on Apr 19, 2018

You need to hire a competent attorney now. Next you need to start finding Witnesses at the scene who will give you statements and then testify. There may be cell phone pictures of the alleged Victim hanging out there voluntarily. Do not intimidate the Victim, but investigate her a little, such... Read more »

1 Answer | Asked in Civil Litigation for Tennessee on

Q: Contractor took hefty deposit to buy materials and has never built carport.

Scheduled and rescheduled. Answered texts for a couple of months but now we have no answers.

Bennett James Wills answered on Apr 17, 2018

Sounds like you are the victim of a potential scam. This happens more often than you would think. Consider hiring counsel to determine your best options.

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

Q: What to do if someone is intentionally hiding their address to avoid a small claims suit?

This person is a family member and is fully aware that I am attempting to take them to small claims court, so he has quit his job and started working under the table jobs. Also move to a new apartment with his girlfriend and intentionally will not provide me with the address because they think I... Read more »

Mr. James Charles Wright answered on Apr 15, 2018

Anyone over the age of 18- not a party- may serve the warrant any place you can find the relative. Or you can hire a private investigator to serve the process.

1 Answer | Asked in Criminal Law and Civil Litigation for Tennessee on

Q: I have been served TPO.

My ex girlfriend stated I stalked her and sent unwanted text which are false. I have text showing her stating we were working on our relationship, her waking me up for church. What should I do?

Anthony M. Avery answered on Apr 12, 2018

Right now it is a civil matter, and the actual facts do not matter much. She does not want anything to do with you, so do not contact her or even drive by her home. Even if she contacts you, hang up. Later on after the Restraining Order elapses due to time, only then do you let her contact... Read more »

1 Answer | Asked in Civil Litigation and Collections for Tennessee on

Q: Paid debt before warrant was served. Will they still serve me.

I received an ad for legal advice and it listed a civil warrant number. I found the information and immediately settled the debt. Will the warrant still be served? Do they serve via mail or in person?

Bennett James Wills answered on Apr 5, 2018

Maybe. It would likely be served in person.

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Tennessee on

Q: Can our lease renewal be refused because I had filed an OP against my husband but dismissed it 1wk later?

Lived in our sumner county apt for 2 years. Rent is always 1 wk early. Spotless. We're 40 so very quiet. We got into a fight last fall. The only way I could make him leave even for 24 hrs was an OP. Now our apt is refusing our lease renewal for something that affected no one but us. ??? Can they... Read more »

Bennett James Wills answered on Mar 23, 2018

If your lease is going to naturally terminate then the landlord has no obligation to renew it.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Tennessee on

Q: Can our lease renewal be refused because I had filed an OP against my husband but dismissed it 1wk later?

Lived in our sumner county apt for 2 years. Rent is always 1 wk early. Spotless. We're 40 so very quiet. We got into a fight last fall. The only way I could make him leave even for 24 hrs was an OP. Now our apt is refusing our lease renewal for something that affected no one but us. ??? Can they... Read more »

Mr. James Charles Wright answered on Mar 21, 2018

Lease renewals are controlled by the terms of the lease. If the renewal does not restrict the landlord then the landlord would have the right to non-renew the lease for any or no reason. Review your lease terms relating to renewal- your answer will be there.

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Criminal Law for Tennessee on

Q: I had a person threatened me for trespass for walking my dog on a public sidewalk. What are my rights?

I was walking my dog on a leash with baggie in my pocket just in case. This lady comes out on her mobile chair demanding I keep my dog off her property. I am on the sidewalk. I tell her I don't and show her the container with the baggie in it She then threatened me saying she will have me arrested... Read more »

Don Himmelberg answered on Mar 20, 2018

If you were truly on a public sidewalk (and, say, not on her driveway), then you are not criminally trespassing. As an aside, thank you for cleaning up after your dog!

1 Answer | Asked in Civil Litigation and Criminal Law for Tennessee on

Q: what opportunities do I have if I am accused of RECKLESS ENDANGERMENT POSSESSION OF A HANDGUN WHILE UNDER THE INFLUENCE

I fired the gun in the courtyard of the building where I live

Don Himmelberg answered on Mar 20, 2018

You have the opportunity to go to jail and pay a hefty fine. With that being said, there are defenses available to those accused of crimes while under the influence.

You need to hire an attorney as soon as possible, or ask that one be appointed to represent you.

1 Answer | Asked in Divorce and Civil Litigation for Tennessee on

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

I'm female 58, my husband male is 62. We've been married 41 years. He collects worker's comp and disability social security. He collects a very comfortable income. I quit work 11 years ago. He won't let me get a job, he's not an invaild. I basically have nothing. No formal education. He threatens... Read more »

Marjorie A Bristol answered on Mar 20, 2018

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.

1 Answer | Asked in Car Accidents and Civil Litigation for Tennessee on

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

Ford has had many problems with their 5.4 L engine and have yet to admit to their mistake, fix problems that are their fault, and stop producing this engine. For more evidence you can check any car complaint website and go to a Ford F-150 2004-2008 model with the 5.4 L engine and almost every... Read more »

Peter N. Munsing answered on Mar 13, 2018

look for a class action but generally the problem you have is if you bought your truck as is, that means warts and all.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Tennessee on

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

Not answering my texts and going aroud telling everyone I stole the check when bank confirmed she cashed it and took full amount

Mr. James Charles Wright answered on Feb 23, 2018

You may have to file a lawsuit to enforce the partnership agreement.

1 Answer | Asked in Estate Planning, Civil Litigation and Probate for Tennessee on

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

Leonard Robert Grefseng answered on Feb 5, 2018

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... Read more »

1 Answer | Asked in Civil Litigation, Small Claims and Car Accidents for Tennessee on

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.

At the time case was heard I was not allowed to present any evidence. Other drivers vehicle has several dangerous recalls and driver exaggerated damages on vehicle. After striking my car He continued to drive several yards before stopping and my instinct was to follow after him so both vehicles had... Read more »

Leonard Robert Grefseng answered on Feb 5, 2018

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... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on

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

Bennett James Wills answered on Feb 3, 2018

There's no requirement for you to have an attorney (unless you are a business); but it usually helps.

1 Answer | Asked in Civil Litigation for Tennessee on

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

I have been subpoenaed for this. Is this a true subpoena for court?

Bennett James Wills answered on Feb 3, 2018

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.

1 Answer | Asked in Civil Litigation, Traffic Tickets and Criminal Law for Tennessee on

Q: Suspended license

I recently came back from job corps. I went to the store. I didn’t know my license was suspended

Marjorie A Bristol answered on Jan 29, 2018

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.

1 Answer | Asked in Civil Litigation, Family Law and Juvenile Law for Tennessee on

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.....

put the child on birth control without the consent of both legal guardians?

Marjorie A Bristol answered on Jan 22, 2018

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.

1 Answer | Asked in Civil Litigation and Car Accidents for Tennessee on

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

Leonard Robert Grefseng answered on Jan 19, 2018

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... Read more »

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