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Tennessee Uncategorized Questions & Answers
1 Answer | Asked in Uncategorized for Tennessee on
Q: Does separation mean divorce?

Does separation mean divorce

Anthony M. Avery
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answered on Jun 9, 2022

No, very different. Legal Separations and Divorces have different Statutes.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How can a father give up his rights voluntary if the mother wants him to? Does someone have to adopt the child/children?

The mother wants him to give up his rights but we don't know how to go about doing it if he doesn't give them up then she is gonna continue to be a headache and threaten him with his kids because sometimes he can't see them on weekends due to working not having a sitter or because of being sick

Bennett James Wills
Bennett James Wills
answered on May 12, 2022

You would file a petition to terminate parental rights and litigate the issues. Consult counsel to see if your situation would qualify.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is touching somebody while angry or mad considered assault?

I've seen many cases of someone getting arrested just for yelling or screaming and it was classified as domestic assault. I've also been arrested at a younger age for domestic violence and I barely even touch somebody with the tip of my finger. So I'm wondering if somebody touches me... View More

Bennett James Wills
Bennett James Wills
answered on Apr 20, 2022

Assault in Tennessee includes placing one in fear of imminent danger or physical contact.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I received a letter from a credit agency for 4 medical bills for different years.

Is there a statute of limitation on collecting money for medical bills?

Anthony M. Avery
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answered on Apr 15, 2022

Generally a 6 year SOL from a breach of contract to sue, unless otherwise agreed upon. Any payments started the SOL period again.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Can I take a life insurance policy out on myself and not tell my spouse?

I am married. I would like to take a life insurance policy out on myself without my spouse's knowledge making my son the primary and only Beneficiary. I do not want my spouse to have any knowledge of a life insurance policy. Would I have to tell my spouse?

Anthony M. Avery
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answered on Apr 3, 2022

No requirement to inform the spouse. But you will need to conceal the payment, notices, etc. So be careful of whatever mailing address is used. You will need another alternate beneficiary besides your Son, otherwise if he predeceases you, it would go to your Estate or Next Of Kin.

1 Answer | Asked in Uncategorized for Tennessee on
Q: My grandad passed and so has my dad but in the trust it says only on my name that it’s to go To the living issue. ???

So does that mean I’m not going to receive anything and my part will go to my daughter ?

Anthony M. Avery
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answered on Mar 21, 2022

You need a competent attorney to examine the Trust term. But it sounds like only your Issue will be the Beneficiary. If ambiguous, you may need to file suit to Construe the Trust, where the Trustee and other interested parties are the defendants.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Hey My friend asked me but I didn’t know, my friend received a letter in the mail stating she has a warrant but when I

But when I put her info in it says she isn’t found.. Does my friend have a warrant and what’s it for??

Anthony M. Avery
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answered on Feb 11, 2022

You can call the Sheriff, who may or may not tell you if there is an outstanding Warrant. Otherwise she should hire an attorney to check it out, and turn her in, hopefully at Court where the Bond might be reduced or basically waived.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Roane county Tennessee... 14 Day notice to quit handed to self 29 January... how long before have to be out?

read somewhere that if the day came and went you had 16 days to vacate

Anthony M. Avery
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answered on Feb 9, 2022

If you have been served with a Detainer Warrant, then go to Court. Ten days after the Judgment for Possession, if you are not out, a Writ of Possession can issue for the Sheriff to remove you. But if no Warrant, then the Owner has not started the Detainer process.

1 Answer | Asked in Uncategorized for Tennessee on
Q: If I understand correctly in order to seize a vehicle reading above (in TN) 1st or 2nd offense, or just 2nd?

This would not be for DWI it would be for narcotics possession 1st offense, absolutely no priors

Anthony M. Avery
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answered on Feb 2, 2022

Forfeiture Warrants can be issued against vehicles on any drug transportation incident. It is a civil issue with the DOS. Vehicles can also be seized as criminal evidence.

1 Answer | Asked in Uncategorized for Tennessee on
Q: What is the penalty for spotlighting deer in Tennessee. I'm not a hunter, was not in possession of or own firearms

I have battled cancer for years and have been left, disabled, and financially devastated. I am trying to find ways to restart my life. I have always been interested in astronomy and was merely trying to get the best shot of the night sky. I have no idea if there were deer in the field I was... View More

Anthony M. Avery
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answered on Dec 20, 2021

Most game law violations are Misdemeanors. But you need to hire a competent attorney to prepare for a rigorous Preliminary Hearing. Upon Dismissal, a § 1983 Suit might be filed in Federal Court, but it will be a Governmental Tort Liability Act Suit. Most Game Wardens are much more... View More

1 Answer | Asked in Uncategorized for Tennessee on
Q: My vehicle was taken without my permission and wrecked. I had no insurance and still owed on the car. The place I got

The car from is threatening to put a warrant out on me... can they do that?

Anthony M. Avery
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answered on Dec 20, 2021

The lender can sue you for the balance due and contractually authorized costs. If the secured lender feels you have defrauded them, a possible felony may be sought.

1 Answer | Asked in Uncategorized for Tennessee on
Q: If 4 family members own property can 2 members sell their 1/4 share.
Anthony M. Avery
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answered on Nov 10, 2021

An Action for a Sale For Partition can be filed by any titled owner. But value, debt and taxes may be factors preventing a successful sale. Hire a competent attorney that knows real property litigation.

1 Answer | Asked in Uncategorized for Tennessee on
Q: How long do I have to recover personal property in Tennessee?

I got out of a bad situation and the person on question still has some of my personal property. I left in May of this year and really want my stuff, I just don't know if I can still get it.

Anthony M. Avery
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answered on Nov 10, 2021

An Action To Recover Personal Property in General Sessions should be appropriate. The Court should have the Civil Warrant to be filed and tried.

1 Answer | Asked in Uncategorized for Tennessee on
Q: In what court system would a case concerning a mother and son and property be governed?
Anthony M. Avery
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answered on Oct 18, 2021

Your question is way too broad. From that it could be any State or Federal Court, including Criminal. It will need to be a little more specific.

2 Answers | Asked in Uncategorized for Tennessee on
Q: can I get indecent exposure expunged in TN?
Anthony M. Avery
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answered on Sep 30, 2021

No... I am afraid not.

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1 Answer | Asked in Uncategorized for Tennessee on
Q: I have a prior meth charge , can I get a prescription for adderal because I have adhd?

I got caught with two grams of meth and got a simple possession. I was wanting to get aderal to treat my adhd, since a apparently it's illegal to use meth to treat it

Anthony M. Avery
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answered on Sep 29, 2021

There is nothing illegal about a MD prescribing medicine to you. However the MD may not wish to treat you, and that is his discretion. You will need to see a doctor.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I have a court date coming up in October. I’m being sued 11,7520 for a car that I no longer have what do I need to do?

Should I hire an attorney?

Anthony M. Avery
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answered on Aug 30, 2021

If you do nothing, there will be a large default judgment against you. Hire a competent attorney to consider defenses and/or protecting assets. Bankruptcy may be a consideration.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I got a weird voice-mail. It's about my husband claiming they are about to file something with the court in our county.

No company name was given. I was just told I needed to call this other number because they are about to sue no explanation. Said they found my name based off our address. I'm freaked out. What do I do? We haven't gotten anything in the mail or anything. The number they called from also... View More

Anthony M. Avery
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answered on Aug 30, 2021

Ask your Husband if he owes anyone or something has happened. If so, then he needs to sart considering an attorney to hire and/or protecting assets. If he has no idea what the call was about, then just forget about it until he gets served.

1 Answer | Asked in Uncategorized for Tennessee on
Q: I am looking to purchase property in green county tn. I need to know if I can place two homes in 11 acres .
Anthony M. Avery
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answered on Aug 16, 2021

You will need an attorney to search the title including the zoning. It may require a subdivision being approved by Greene County. Always check the title before purchasing real property.

1 Answer | Asked in Uncategorized for Tennessee on
Q: if a person was dropped of charges of shoplifting. but had signed a trespass form from the local police department.

Does that mean the person is still banned from the store?

Anthony M. Avery
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answered on Aug 2, 2021

Not sure what you have done, but it appears that you know not to go to that business again. Criminal Trespass, or worse, will probably occur otherwise.

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