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Tennessee Contracts Questions & Answers
1 Answer | Asked in Contracts, Criminal Law, Constitutional Law and Internet Law for Tennessee on
Q: 1. Did the 81st Congress in 1950 investigate and found that the lawyer guild is the legal bulwark of Communist Party?

2. Are Social security cards, birth certificates, and driver license contracts that give jurisdiction?

3. Is Anything that can legally be licensed lawful without that license?

4. Have all lawyers denounced their American citizenship?

James L. Arrasmith
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answered on Jan 28, 2024

1. The claim that the 81st Congress in 1950 investigated and found that the lawyer guild was the legal bulwark of the Communist Party is a reference to the activities of the House Un-American Activities Committee (HUAC). However, this characterization is a matter of historical interpretation and... View More

1 Answer | Asked in Contracts and Business Law for Tennessee on
Q: I am being sued by a client that did not like the website that was built for them. How should i handle the suit?

I offer free revisions for my clients so long as they are hosting with me as well. She refused the revisions and even refused to take over the site herself. Instead decided the sue.

Nina Whitehurst
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answered on Jan 14, 2024

Even if your contract is ironclad it is usually not worth the bad will and emotional drain to litigate. My best advice to you, but this is based on very limited information so take with a grain of salt, is to offer her a full refund in exchange for a settlement agreement in which you admit no fault... View More

1 Answer | Asked in Bankruptcy, Contracts, Constitutional Law and Identity Theft for Tennessee on
Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of

Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?

Why is the court system run off of creditor vs debtor?

Is the legal system operating in bankruptcy?

Our ignorance for the... View More

James L. Arrasmith
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answered on Dec 20, 2023

A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood.

The term "ens legis" refers to a legal entity created by...
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2 Answers | Asked in Contracts and International Law for Tennessee on
Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore.

I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to... View More

James L. Arrasmith
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answered on Dec 14, 2023

In your situation, where you've made a real estate investment with a Canadian company and are now unable to contact the founder, considering legal action is understandable. First, review the contract you have with the company. It should outline the terms of your investment, the expected return... View More

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2 Answers | Asked in Contracts and International Law for Tennessee on
Q: Should I sue a company based in Canada? I made an investment there and couldn't reach the founder anymore.

I made a real estate investment with a company based in Canada that flips houses for sale, run by one guy. I met the founder and in the contract, the expected return was to be a couple years. More than that has passed and this year I could not reach the founder anymore. The last time he talked to... View More

Anthony M. Avery
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answered on Dec 14, 2023

Apparently you have taken a risk without much investigation. It would probably be a lawsuit in Canada, but you will have to read your contract. There may not be a breach as of yet from your statments. In any event, you need to look closely at your defendant target. He may be judgment proof.... View More

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1 Answer | Asked in Contracts, Probate and Small Claims for Tennessee on
Q: If friend dies & has borrowed property, is his mom(sole heir) responsible for returning it or can she lawfully keep it

I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More

Nina Whitehurst
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answered on Dec 13, 2023

Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

Anthony M. Avery
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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

Anthony M. Avery
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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

David H. Relkin
David H. Relkin
answered on Nov 1, 2023

You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

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2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

Kirk Theodore Schroder
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answered on Nov 29, 2023

To investigate whether entertainment contracts have been fraudulently signed in your name, or to find out who authorized the use of your implied self in connection with the Kardashian-Jenner and Osbourne families on TV shows and networks like CNN, you should take the following steps:... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: Can you send notification of contract renewal 60 days prior on an invoice or does this have to be separate letter?
T. Augustus Claus
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answered on Oct 27, 2023

In Tennessee, you can send notification of contract renewal 60 days prior on an invoice or in a separate letter. The Tennessee Automatic Renewal Law does not specify how the notice must be sent, only that it must be sent at least 60 days before the contract renews. However, there are some benefits... View More

1 Answer | Asked in Contracts and Education Law for Tennessee on
Q: In the state of TN, what restrictions are there preventing a licensed educator from selling candy bars to students?

The fundraiser is not school sponsored. It is in support of a mission team to Uruguay.

T. Augustus Claus
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answered on Oct 11, 2023

In Tennessee, educators are expected to uphold ethical standards and avoid any appearance of impropriety. Selling items, even for a good cause, directly to students during school hours could raise ethical concerns and possibly be seen as taking advantage of the teacher-student relationship. If the... View More

1 Answer | Asked in Contracts for Tennessee on
Q: Fire alarm system is it suppose to summon emergency services or do I need to call 911?
Tim Akpinar
Tim Akpinar
answered on Oct 4, 2023

A Tennessee attorney could advise best, but your question remains open for a week. It could depend on your fire alarm system and the terms offered by the vendor. Many of the major contractors do contact first responders, but it would be advisable to check with your vendor and learn how they... View More

1 Answer | Asked in Business Law and Contracts for Tennessee on
Q: Can you use your DBA when signing a lease in TN?

The contract lists the DBA and not the actual name - is that still legal?

Anthony M. Avery
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answered on Sep 26, 2023

If the other party to the lease contract accepts that name as a signature, then it supposedly becomes a contract. But I would never advise anyone to execute a contract in that function. It may be unenforceable. Usually a signature would be ...John Doe d/b/a Doe Services...

2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Mr. James Charles Wright
Mr. James Charles Wright
answered on Sep 14, 2023

I am so sorry for your loss, and you are in my prayers- I have not lost a spouse- so I cannot appreciate fully your loss.

As to your question- you have done well not to post on the internet a lot of details - but at the same time without more details, it is hard to give much help. The...
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2 Answers | Asked in Contracts, Estate Planning and Probate for Tennessee on
Q: Signed contract to sell house.

My husband passed away 3 1/2 months ago. Due to grief and stress I signed a contract. But little did I know due to my reduced income and credit score I was unable to buy or rent anything. Do I have any options?

Thank you,

Anthony M. Avery
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answered on Sep 14, 2023

Are there any title problems, such as claims against your Deceased Husband? If so, you might not have merchantable title. And many title co. will require an unnecessary Probate which takes more than a year to close. Was earnest money involved? If so, give that back. The buyer suing you for... View More

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1 Answer | Asked in Contracts for Tennessee on
Q: I purchased a car less than 24hrs ago at a dealership and I’m not happy with it can I legally take it back
T. Augustus Claus
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answered on Sep 1, 2023

In Tennessee, once you purchase a car from a dealership, you typically do not have an automatic right to return it unless the dealership has a specific return policy that allows for returns within a certain timeframe. It's essential to review the dealership's return policy, which is... View More

1 Answer | Asked in Civil Litigation, Contracts and Mergers & Acquisitions for Tennessee on
Q: If a title loan company is bought out by another company and I didn’t sign a new contract does this void my old contract

They sold the loan agreement to a new business that bought them out and want me to sign an agreement with the new company. If I don’t sign can the new company repossess or does this void my contract because the debt was sold without my approval

Anthony M. Avery
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answered on Aug 7, 2023

Your approval for an assignment of your contract and note is not required. Holder of note is Holder In Due Course, and can enforce it. New contract might be easier terms, or it may be to lender's advantage. Either agree or make full payoff now. Otherwise consider bankruptcy or... View More

1 Answer | Asked in Contracts and Lemon Law for Tennessee on
Q: US Auto Sales went bankrupt soon after selling me a dangerous mechanical failing car. What can I do

Westlake portfolio says I have to keep paying to keep my credit up and they will do nothing about it... I don't have thousands of dollars to fix an issue that I should have been aware of when signing for the car... I never signed a contract with Westlake, only us auto... This seems very messed... View More

Anthony M. Avery
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answered on Aug 4, 2023

West probably bought the note or was even the original lender. Read whatever paperwork you have on the finance. You signed the note, and that has nothing to do with the car. You might be able to file a Notice of Exempt Property if they sue you, or CH 7 Bankruptcy. How do you know US went... View More

2 Answers | Asked in Contracts for Tennessee on
Q: My friend is incarcerated. She sent me her form that a notary signed. What is the next step for me to become her POA?

I have the form with her signature and it’s been notarized.

Anthony M. Avery
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answered on Jul 25, 2023

I do not recommend the attorney in fact signing the POA also in front of a notary. People you present the POA to might get confused. If you are going to convey real property, it should be recorded. You are now a fiduciary for the principal, so any conveyance of the principal's assets to... View More

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