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Tennessee Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for Tennessee on
Q: Can I go jail for a civil warrant?

Car accident no injuries They are acting like a Debt collector

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

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 »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: Is it legal to arrest a victim for refusing to testify in a dv case?No subpoenas were served before a warrant was issued

Who would I contact near Crossville, Tennessee?

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

You did not say what Charge. But alleged victims are often charged with filing a false police report or 911 call. With no subpoena, I doubt that it was contempt of Court.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: The apartments I used to live in is suing me for what they say is the last months rent. This is a year and 3 months aft

I moved out. Can they take my car or house

Anthony M. Avery
Anthony M. Avery answered on Aug 13, 2020

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 »

1 Answer | Asked in Civil Rights for Tennessee on
Q: What’s a civil warrant
Anthony M. Avery
Anthony M. Avery answered on Aug 11, 2020

That is a Writ and Summons for a Civil Cause of Action in a Tennessee General Sessions Court. The Service is wrote on its face as well as its final disposition in Court.

2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Lemon Law for Tennessee on
Q: Hello, we just bought a house from someone who “flipped” it after it was foreclosed on & we found lot of mold covered up

We have several walls down due to mold and the floor and ceiling in some areas along with our roof in need of mending to prevent it from coming back this is costing us a lot of money and has been very unsafe for my family we would like to take action against them but are unsure of what kind of... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 9, 2020

You can probably find a general practice attorney who will take the case. Of importance to your case will be the representations made by the seller and whether you received a warranty or bought it "as is." One of their defenses will be whether you had a property inspection or not.

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1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: My mother and brother bought a house together, my bother died my mom got the house because ot was in her and his name.

Who does the possessions go to. He had no will. He had a daughter and my mother gave her his vehicles . what else is his daughter entitled to.

Anthony M. Avery
Anthony M. Avery answered on Aug 4, 2020

If no surviving spouse, then the daughter issue takes everything that was your brother's. The real property may descend one -half to her if the mother and brother were tenants in common. But it would be very different if it was a LE/REM deed or to the survivor. You will need a lawyer to... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Tennessee on
Q: How long can someone b held without a bond even after arraignment

Charges are said to b Agg. Assault, vandalism times 2, violation of order of protection, Arrest 2 prior times, no bond, jail does not have paperwork/warrants, circuit court only meets once a month, arrested this time on july 18th

Anthony M. Avery
Anthony M. Avery answered on Jul 27, 2020

The Defendant needs a real attorney. A written Motion To Set Bonds must be filed and argued. I suspect he has been charged again while being on Probation or out on Bond.

2 Answers | Asked in Criminal Law and Civil Rights for Tennessee on
Q: Can someone please point me in the right direction? I’m lost and I don’t know what to do. We’re young and have no help

I called 911 to help my husband who was having a seizure. The police made me sign papers while he was dying without telling me what they were and while I was frantic and not in my right mind to sign anything due to me trying to get to the hospital to be with my husband. I feel like They are now... Read more »

Cayley Turrin
Cayley Turrin answered on Jul 21, 2020

Yes, I would hire an attorney to fight for you in this matter.

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1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: What should I do if I am told I cant come back to the camper I live in being extorted and strong armed out of my home

I have a contract to buy/live in a camper. The other party is extorting me for more than agreement, and wont let me back In my home. I've already paid 2600 of the 3300 we originally agreed upon and now she wants an additional $1000 out of no where. I have been told if I am seen near the camper... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 28, 2020

I would retain a local attorney soon to file suit against the former owner of the camper. You can also call the police and make a charge of harassment or theft; however, I would let your attorney know before you do that.

3 Answers | Asked in Civil Rights, Contracts, Criminal Law and Civil Litigation for Tennessee on
Q: I need some advice on what I believe is a civil matter ?!?

I was financing an individual one of my vehicles, the individual quit paying only vehicle and from what I have been told has traded the car off for something else and by doing that he forged a bill of sale and then lied to the person he traded to and said he was waiting on the title . I Have not... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 24, 2020

I would turn him to the local Sheriff's office and have them handle it as a theft charge.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: First question. Is it legal to have a lawyer who was either a current employee or former employee of a police department
Anthony M. Avery
Anthony M. Avery answered on Jun 16, 2020

Yes.. I know of several attorneys in that situation, including friends of mine. No Statute or Canon Of Conduct prevents this.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Can a store require me to conceal carry even though tn is an open carry state?

I went into a local Walmart, open carrying, and an employee stopped me from entering the store unless I concealed my firearm and showed me a sign with only words on it but had no Tennessee state authorization code is this legal? Are they allowed to do that when tn is an open carry state?

Paul E. Tennison
Paul E. Tennison answered on Jun 8, 2020

Yes. It is my understanding that the open carry law refers to open carry in public places, such as when walking on public streets/sidewalks. Private businesses are allowed to restrict public display of firearms. For example, banks and courthouses do not allow open carrying weapons so you should not... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Tennessee on
Q: Last Thursday I made a dumb decision and subsequently overdosed in my home the police and ambulance were called.

The police took my cell phone without my or my fiances consent. Were my rights violated and how do i get my property back?

Edit: no charges have not been filed.

Cayley Turrin
Cayley Turrin answered on May 26, 2020

It does sound like the police should not have taken your phone. Were charges filed? If so, that phone may be in evidence. If not, I would contact the police department and ask to get it back.

1 Answer | Asked in Civil Rights, Family Law, Personal Injury and Elder Law for Tennessee on
Q: I am search of a TN lawyer that can help me with a unique situation involving my disabled, elderly, veteran father.

He may be being neglected and or abused and seems to be being help captive by his wife. Who herself has never shown the mental or physical capacity to care for another individual let alone one who is not ambulatory or verbal.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

I'm sorry for your difficult situation. Your post remains open for a month and you may be better off simply reaching out to Tennessee attorneys here (Find-a-Lawyer) or searching independently on your own. This isn't really a lawyer referral service - it's only a Q & A Board. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights and Constitutional Law for Tennessee on
Q: Yes I was falsely arrested for a crime I didn't commit.said cause they think my husband did that's why I got arrested

Yes Walmart tried 2say my hubs stole a tote from there store yes a plastic tote which he didnt nd have receipt 2 prove it. Wasnt arrested the day we purchased it. We went back to get computer software which we bought nd as my husband was leaving was stopped by loss prevention nd cops I was in car... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 25, 2020

Both of you need competent attorneys now. You need to put on a good Preliminary Hearing, possibly with your Sister as a Witness. Remember the Victim will have Video Tapes.

3 Answers | Asked in Immigration Law and Civil Rights for Tennessee on
Q: Should high schools ask for driver's licenses to obtain parking permits?

If you are an undocumented teenager, not by choice, and you can't get a license to drive, how can you park at your high school? Should high schools in Tennessee be asking for driver's licenses? is there a legal way to fight this? This person just wants to be a normal teenager that drives... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on May 13, 2020

The root issue underlying your questions really is, "Should an unlicensed teenage driver be given a parking permit at their high school?" Under the law, the clear answer is no. An unlicensed driver should not be driving a car for any possible reason.

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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Federal Crimes for Tennessee on
Q: I am facing a citation for driving on revoked the first part of June. Looking for a lawyer around Columbia tn

I do have a past record.dui in2011 over alcohol. DUI second offence was in 2012. Driving on suspended....... I wasn't ordered to have the interlock untill the second one. I paid all my probation, fines, and my reinstatement fee. But i just got a job right before i was pulled over. So... Read more »

Shanone Emmack
Shanone Emmack answered on May 13, 2020

Yes it is possible to get things worked out. If you can afford an attorney then it is smart to hire one to help walk you through the process and make sure everything is completed to obtain your license. An attorney can help you obtain a waiver of the interlock device fees as well as negotiate... Read more »

1 Answer | Asked in Contracts, Family Law, Civil Rights and Health Care Law for Tennessee on
Q: How can someone get their power of attorney back from a guardian?

I'm married and polyamorous, my boyfriend was forced to sign over his legal rights to his family because he's disabled. His family recently decided to control everything he does, including a rule that he has to update them on where he goes. He's 25 and fully functioning. He wants to... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on May 8, 2020

Normally, a power of attorney can simply be ended by the rejection of the POA. However, it this is court ordered as you question suggests, he will need to retain counsel, file a petition and have a hearing to prove the POA is no longer needed.

1 Answer | Asked in Civil Rights and Family Law for Tennessee on
Q: If Tennessee department of chikd services violated numerous of my civil rights and removed my children

With no proof made me pay for the paoers givinf temp custody away or black mail me to split my kids up in different countys if i didnt. Disnt give me chance in court or court date perios but had judge sivn papers for temp custody as ipen case when it was ckosed told my 17 yr old daughyer biut my... Read more »

Daniel A. Herrera
Daniel A. Herrera answered on May 4, 2020

I've very sorry about your situation. You need to contact a local family law attorney in your area. Try to find one that offers a free consultation and they should get back to you with a better response.

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