I am unaware of which specific Constitutional right you are referring to. Assuming you mean to invoke the 4th Amendment right against unreasonable searches and seizures. I am unaware of any precedent that states citizens are not required to produce identification when requested to do so. 4th...Read more »
We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has... Read more »
It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But...Read more »
She loaded up my garage up with ten bags of clothing and shoes, I have asked her several times to get them and put in storage. She haven't did it. Her son come to my house and when he sees them he want to get them and sell some of them but she tells me I am responsible for them. I asked her... Read more »
One option you could consider is to notify her that she has 30 days to retrieve her belongings that she stored at your residence without your permission. If she fails to retrieve them by that time, you will deem them abandoned and dispose of them as you see fit. You could then sell/donate/throw...Read more »
I had a verbal contract to design a simple website for someone i know. I asked the standard half up front and half when done. I started getting red flags almost halfway through the process, he didn't want a contact page for consumers etc. After that, i started recording all conversations and... Read more »
Based on what you have described, you may have a valid and enforceable contract. Whether or not it is a good idea for you to file a lawsuit to recover the unpaid amount depends on a number of factors. First, how much does he owe you? If you file a lawsuit in general sessions court you will be taxed...Read more »
When I was advised by the Domestic Violence personnel that she had no proof and their was an officer present. When I try filing perjury no official in that county will see my proof that I can show that her statements were false. She used to work for the county and they use their friends that work... Read more »
None of your facts are unusual in Knox County DV cases. You must hire a competent attorney now to represent you and make it as painless as possible. Forget about the perjury. Talk to the lawyer about any firearms you have now. So far you have wasted your efforts. But keep in mind that the...Read more »
The customer complained to management who then fired my friend. The incident was not on company premises and my friend up to that point had been a highly valued employee. She was one of only three they kept on after bringing back everyone from furlough. My question is: is this actionable? Are they... Read more »
Generally speaking, in at-will employment states, employees can be terminated for any reason or for no reason at all. However, an exception to this rule exists if the employee is terminated for a discriminatory reason. For example, if other employees WITHIN the company have treated your friend...Read more »
I've been sent threatening messages from the same person through different accounts and they have made fake accounts just to be able to send these messages to me. Does it still count towards harassment even though it's fake accounts and names?
Yes, you may want to consider seeking an Order of Protection against this person. You could also consider calling the non-emergency police line and reporting the harassment. Sometimes a cease and desist letter from an attorney is successful in getting someone to stop messaging. If these options...Read more »
He got scared changed his mind he was off his mental meds cop tlkd2 him ask wat doing he was tryn2tellem when was told hands behind his back4a patdown4 thier safety cop cuffs him then 3-4all was assultin him@same time he's cuffed then in the garage it's on video slammed his face/head n2a... Read more »
Yes, it happens alot. The LEO needs some evidence that the suspect was driving the vehicle earlier. Then he puts together his proof of intoxication, and he gets a Warrant for DUI. Your Friend needs a competent attorney to prepare for a thorough Preliminary Hearing.
They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »
If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.
Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.
Civil suits usually do not involve incarceration, unless there is a post-judgment asset discovery problem. I recommend you go to Court, if for no other reason than to make sure the judgment reflects a correct amount and all payments. That judgment will be against you for a long time, so deal...Read more »
*note a mp40p is larger than most handguns/pistols. It has no stock to which I can shoulder it and it shoots 9mm. The classification of it when search says it's a pistol but was told it's a pistol carbine.
Just wanna be sure that be legal to carry on my person loaded if I choose... Read more »
It is classified as a handgun as it has a short stock and is held by one hand. But it is very large and will generate attention. HCP is for handguns only, not long guns. Just because Federal Law defines it as a handgun does not mean some LEO will not try to arrest you anyway.
There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »
First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There...Read more »
No jail for the initial civil action. But you need to go to Court, even if only to contest the amount of damages claimed. Any Judgment, including Default, can be subject to Asset Discovery. And if you do not answer under oath in Court, then you go to jail for Contempt. Finally the Judgment...Read more »
Go to Court to mitigate the damages or even get it dismissed for lack of proving the Case. A Judgment can be executed upon in many different ways. Personal Property is usually levied on first. Real Property Executions on a General Sessions Warrant require some special steps for the creditor....Read more »
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