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Tennessee Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Tennessee on
Q: I was and charged with a class A felony on a vouluntary drug test in which I was never shown or given any results.

The child does not belong to me nor do I have any legal rights to.I had to bail out of jail and was assigned a public defender but on the court date the public defender was a no show.The judge then tells me that I would have to hire one.I hired a one and my case was dismissed.My question is that is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2021

The affidavit of complaint is the charge and the bond is evidence of your being incarcerated. But why would you take a voluntary drug test? That will hurt any suit for a GTLA action under 18 USC §1983. You will have to identify the actual persons that did this, and you will have trouble... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: okay I picked up somebody walking and we stopped at the store just down the road to get gas he agreed to go in and pay f

for the gas and while he went into the store to pay for it the police stopped and searched and found drugs on him then they come and search my car is that legal or illegal because I just picked him up walking and he hit a very good pump my gas I didn't know what he had on him just because we... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 8, 2021

If you were not charged with anything, then even if it was an illegal stop and search, it is not your concern. Without a charge there is no standing to do anything, unless You sue the LEO for a §1983 violation for which you have no damages.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I had a contractor working on an exterior project. He refused to correct some very poor grading and drainage work.

The contractor refused to correct poor workmanship after his drainage system failed.

Bennett James Wills
Bennett James Wills answered on Apr 5, 2021

You would be wise to consult a local attorney versed in contract and construction law to review the issue. If the contractor is refusing to fix his work, you may need to consider filing a lawsuit to get appropriate relief.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Intestate Laws in TN.

My grandmother has a home, 2 mobile homes, and some land. My father was in line to receive a mobile home and the land it was on. My grandmother's husband died and 3 out of her 4 children died as well. Her last surviving child has a wife that I'm not sure intends to allow us to get what... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 31, 2021

You are asking too many questions for this forum. The Grandmother's heirs will take the real property, which is probably her issue or if deceased, their issue. If she has a Son surviving, and the deceased children have kids, the Son takes a share and the Grandchildren take what their parent... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I carey a firearm on my person in a vehicle in TN if I have a valid permit?

It is unclear to me whether the law prohibits everyone from carrying a handgun on their person or just people without a valid permit

Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

Handgun Carry Permits allow a sidearm to be on your person except in certain areas. Many situations allow the possession of a handgun without a HCP. However any display of a weapon can be a felony assault without a situation putting you in fear of harm.

1 Answer | Asked in Uncategorized for Tennessee on
Q: My son is 13 years old and refuses to go to school. How does unruly child work?
Ross Matuszak
Ross Matuszak answered on Mar 12, 2021

Thank you for your question. Unruly child means a child in need of treatment and rehabilitation who:

(i) Habitually and without justification is truant from school while subject to compulsory school attendance; or

(ii) Habitually is disobedient of the reasonable and lawful...
Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can houseguests refuse to leave in Tennessee? They knowingly had mail sent to try to establish residency.
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2021

Unless you can lock them out, without a fight, you will probably need a competent attorney to prosecute an Unlawful Detainer Action in General Sessions Court.

1 Answer | Asked in Uncategorized for Tennessee on
Q: If my boyfriend bought a vehicle and gave it to me as a gift but then wants it back. Can he press charges against me

I have a bill of sale but no title it is still registered to the previous owner

Anthony M. Avery
Anthony M. Avery answered on Feb 22, 2021

It is possible. Start putting together any witnesses to the gift. Hopefully the Bill of Sale is to you. But ownership of a vehicle is by Document of Title, which he apparently did not convey over to you. Be prepared to make bond and hire a competent attorney. If he does not swear out a... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I was charged with a class A felony on a vouluntary drug test on a child custody case in which im not the parent off.

I was never shown any test results but yet I was criminally charged. When I was arrested i never received a copy of the warrant either.I had to hire a attorney and which the case was dismissed. I called my attorney and got a copy of my file and still no test results or a copy of any arrest warrant.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2021

That is a Government Tort Liability Act case, which is complicated, non-jury, and has a 1 year SOL. Damages are statutorily capped. You will need a competent attorney to sue the LEO's and County. It is probably better to have an out of County lawyer. Time is probably getting close. I... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: How long does a person have to excute the terms of a will when she is the executor? This is in Maryville Tn.

This person passed away on March 20, 2019.

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

Has the Will been Probated? Until a Probate Action is instituted, there is no Will nor Executor. If Probate is going on, then you need to check the file at Chancery Court. Read it verbatim. It generally takes at least 15 months to close a Probate in TN, and often much longer. You may wish... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I had custody of my granddaughter until she was 11 & 1/2. She was adopted when she was 16 & killed when she was 20.

Can I get a copy of her original birth certificate. She was born, resided and adopted in Tennessee.

Anthony M. Avery
Anthony M. Avery answered on Feb 4, 2021

It is doubtful whatever Order giving you custody will impress the Health Department. But it might, so take your Order to the Department and ask politely. Usually only immediate Family can get the Certificate. If necessary, call your local State Representative.

2 Answers | Asked in Uncategorized for Tennessee on
Q: Its Martin Luther kings birthday my boyfriend was arrested on a charge that the limitations ran out

2 days ago n mcminn county jail tn the charge was failure to appear on a theft charge that the charge was 11/09/2002 19 years.

Bennett James Wills
Bennett James Wills answered on Jan 18, 2021

Your question is unclear. Did he still have an active warrant? Regardless of the statute of limitations issue, or other related issues, he would be wise to hire an attorney asap to review the case and see what options your boyfriend has.

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1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I back out of a loan that no service has been rendered? The loan was through made with a credit card company through

Ideal image. My service date is in 3 weeks but I notice ideal image has already charged for services. That has me thinking now I want to cancel.

Anthony M. Avery
Anthony M. Avery answered on Jan 14, 2021

Read whatever contract you got. You may have a termination option. But even if you do, how are you going to get your money back? Jurisdiction is probably in another State. It appears that You might have an option with your own credit card, or you might cut your losses with canceling the card.... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My mother had to go to Pennsylvania to help a family member and her property owner has taken over her mobile home.

The home belongs to her she was renting the lot the property owner has tossed all her belongings and is renting out the trailer she owns what do we need to do to reclaim her home?? Is it legal for them to take over her property to sale/rent?? McMinnville tennessee

Anthony M. Avery
Anthony M. Avery answered on Jan 7, 2021

If there is a written Lease, you will want to read it. Otherwise probably the simplest and most direct remedies are suing the Landowner in General Sessions Court for an Action To Recover Personal Property and Conversion. I recommend you hire a competent attorney, and be prepared to remove the... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: what recourse do i have when an employee took equipment from my business?

He was asked to bring equipment back. He will not. Lives in another county

Bennett James Wills
Bennett James Wills answered on Dec 29, 2020

You could call the non-emergency police/sheriff line in that county - they may consider it theft and go arrest the employee; although the property may be held for evidence reasons. You could go to the courthouse and swear out your own charges against the employee. Or you could go the civil route... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I received a notice tennessee code title 39 criminal offenses chapter 16 . Am I required to recieve this documents.

I have absolutely no idea what this is about

Anthony M. Avery
Anthony M. Avery answered on Dec 17, 2020

Those are criminal offenses of interfering with the conduct of the Government. Bribery, Tampering With Evidence, Bringing Drugs into a Jail...etc. I am not sure what is going on, but I would advise taking them to a competent attorney. Sometimes speed can help in defending against a criminal... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: In Tennessee if I'm driving down the highway and I see a trailer abandoned. Can i take it or can i be arrested?
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Tennessee attorney could advise best, but your post remains open for three weeks. Don't do it. You can't tell it's abandoned by looking at it. Abandonment occurs when the rightful owner relinquishes their rights in property - the fact that it doesn't look valuable or that it... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: My grandmother recently passed away on 9/20/2020. When she was alive she told me she changed her will and added me.

However, my mom is executor and she has not told me exactly what was stated in the will. How can I get a copy if I’m not executor but someone who is named in the will?

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

If the Will is filed at Probate, then go to the Court and look at the file. If it is not Probated, then the Will has no effect, and your Grandmother died intestate where the Heirs take the land and the Next of Kin take her personal property.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can a campground legally refuse to let you leave?
Tim Akpinar
Tim Akpinar answered on Sep 17, 2020

A Tennessee attorney could answer best, but your question remains open for four weeks. As a general matter, if it was a public campground with park rangers having jurisdiction in the area, they probably could for a justifiable reason. For a private facility, it might depend on the facts -... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: If someone transfers the car title over to you can they take it

I have the paper where he signed I just haven’t had time to go to the dmv and get it changed over.

Anthony M. Avery
Anthony M. Avery answered on Sep 11, 2020

Unsure of your question. Title is not transferred until the State DOS issues a new Certificate of Title. You can claim an ownership interest in a forfeiture proceeding if you timely assert your claim. Getting sued in tort for a wreck is sometimes defended if actual possession is not transferred... Read more »

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