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Tennessee Questions & Answers
1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me and my son have an order of protection against my childs father. Would he get visitation?
Paul E. Tennison
Paul E. Tennison answered on Feb 11, 2020

There may be more facts that would change this analysis. However, if a child has an Order of Protection (OOP) against anyone, that OOP would trump any previous Court ordered parenting plan. The person with a valid OOP against him cannot exercise visitation with the protected child. The OOP should... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: can a property be sold with a lien on it because the title company placed a bond to discharge lien with conditions?

We placed a mechanics lien on a property but they were able to sell it. The title company placed a bond to discharge lien but with a condition that if the ruling was in our favor. The contractor and owner under which the building permit was filed under and we got our permit. That the they will have... Read more »

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

If you do not file suit to execute your m & m lien within a short period of time, you lose it. Hire a competent attorney now to see if you can execute it. If you still have a lien, it is against the property, not any of the owners.

2 Answers | Asked in Criminal Law for Tennessee on
Q: Are there any lawyers who will take on a criminal defense case pro bono or with affordable payment plan options?
Bennett James Wills
Bennett James Wills answered on Feb 11, 2020

If you cannot afford a lawyer the public defender's office may be able to assist.

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1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: If someone told me my dog bite them because he was running loose in their yard, do they have to show proof my dog did it

My dog will not stay in the yard and I don't believe in chaining them up, only makes them more territorial and mean. I had a man come to my house and tell me that he was bitten by my dog because he was in his yard, does he need to show proof that it was my dog that bit him or will the court system... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

If there is no other witness and the man claims he was bitten by your dog, then most likely anyone would believe that he was. Proof could be something as simple as a picture of the bite marks. If the man is willing to put on a sworn document or swear in court as to what happened, he is likely to be... Read more »

1 Answer | Asked in Family Law for Tennessee on
Q: I reside with my wife in South Korea (she is active duty) last November I flew to TN where I obtained full custody of my

Son and daughter. They reside with us in S. Korea now. My ex wife has supervised visitation two times a year. I have to fly the kids back in April for her visitation and we have the final parenting plan hearing (I currently do not receive child support it was an emergency hearing) is it fair to ask... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

You may certainly ask, that seems reasonable. However, if your ex has no job, no home, and was recently arrested I do not really see how she could pay. I recommend you consider consulting with an experienced family law attorney if you have additional questions. Good luck!

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: What takes precedence, lease or law?

My family needs to break our one year lease early. Our lease states that if we were to terminate early for any reason, we will be responsible for all remaining rent due to the end of the lease, forfeiture of all deposits and fees, plus two additional months of rent. Which will equal about $15,000.... Read more »

Paul E. Tennison
Paul E. Tennison answered on Feb 10, 2020

Law trumps the lease. There is a mitigation of damages requirement in Tennessee.

In general the reason people put language in the lease that goes beyond what the law allows is that such action is not illegal. People think with good reason that strong worded language scares people into...
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1 Answer | Asked in Probate for Tennessee on
Q: Vacant land to be sold before other asset distribution?

My wife's father died (no spouse) in Tennessee with a will which states everything is is to be split between six siblings. Her sister is executor of the estate and the will has been probated. The four month waiting period has passed. A parcel of vacant property is included with the inheritance... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2020

More than likely yes as most Probate Judges will not order asset distribution without all claims paid. And 4 months is just the start, creditors actually have a year from death of the decedent to file claims usuually. Thus it is hard to properly close an estate earlier than 16 months or so.... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can I hire a lawyer with an outstanding warrant?or do I have to turn myself in first?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 9, 2020

You can and should hire an attorney at any given point. Some courts will require you to turn yourself in, and in others, the attorney may be able to get you out of the warrant.

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1 Answer | Asked in Child Custody for Tennessee on
Q: My husband has a custody trial in a few days. His ex girlfriend has texts of myself and my husbands mom she plans to use

My husbands mom sent her snapshots of texts between myself and his mom when in a heated argument. Will his ex be able to use these in court if my mother in law is not there to testify? Or will it be considered hearsay? Can texts be used from anyone not there to testify even if there are snapshots?

Jean Richardson
Jean Richardson answered on Feb 8, 2020

You're correct, the texts are hearsay. I'm assuming you're a party opponent. Under some circumstances, communications from a party opponent can be considered admissions. In this case, I don't see how that exception to hearsay applies.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for a real estate agent/company to make you use them for a specific house or unit?

My wife and I found a condo we wanted to purchase before signing a buyer agreement with an agency. After we signed and submitted an offer, we discovered that our agent sent two consecutive offers that had incorrect terms on them, including one that would have required us to place an 80% down... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2020

You should not be signing offers without reading them. You might hire an agent to represent you, but you need to be very careful about looking for properties in the first place. It would be wise to hire an attorney to continually assist you, and check out prospective properties prior to you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was found guilty of criminal contempt for violating an ex parte order of protection. Can it be expunged?

On the court website the charge shows as violation of a protection order, but it should have been criminal contempt. I know violating a order of protection is not expungeable, but I don’t know if criminal contempt is expungeable. I’m not sure if I should be worried that the charge may have been... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 7, 2020

Generally speaking, in the State of Tennessee, anything that shows you are guilty will stay on your record forever. A plea bargain is an admission of guilt. If it was a first time offence, then you may be eligible for diversion. If you get that, then you will have a suspended sentence for one... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the least complicated way to sell a 200k paid house to a son parents will finance sale Parents are retiring
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

There are many ways of conveying improved real property to a son. I recommend hiring a competent attorney: to perform a title search including looking at the legal description; drafting a quit claim deed (since I doubt he wants to sue his parents); deciding upon an agreed purchase price... Read more »

1 Answer | Asked in Divorce for Tennessee on
Q: Do you know a site where I can print off Divorce forms with children and property? Tn site for children w/o property
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

You obviously need a competent attorney. Trying to do a Divorce yourself with property and children involved will be a permanent disaster for everyone concerned. Make payments, barter with firearms, vehicles, whatever, to hire a decent attorney, or stay married.

1 Answer | Asked in Collections for Tennessee on
Q: I'm disabled and get SSI, if a judgment is brought against me , can they take my car, can I get a exemption
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

In Tennessee, there is a $ 10,000 Personal Property Exemption in addition to a few other Exemptions.

But before or after the Judgment, but prior to any Execution or Garnishment being issued, you must explicitly claim these Exemptions in writing with that particular Court. A good lawyer...
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1 Answer | Asked in Animal / Dog Law and Business Law for Tennessee on
Q: Is it illegal to run a dog kennel business out of a garage? Murfreesboro, TN

There is a home near to me and they have several dogs in crates in their garage. They also have about 6 puppies that they put in their front yard in a small cage. I have never seen anyone spend time with any of the dogs. They do open the garage door occasionally and when they do the dogs... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 7, 2020

If you suspect this is animal cruelty or unlawful contact PAWS in Rutherford County at 615-898-7740. They should be able to respond.

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was released under the impression that I had flattened my time but find out 4 months later I am on probation???

I was incarcerated in 2016. I was released on October 19, 2020. When I was released I was under the impression that I had flattened my time. February 5, 2020, a parole officer came to my house to inform me that I was apparently on probation. I was unaware and so was she. My sentence was flatted. I... Read more »

Shanone Emmack
Shanone Emmack answered on Feb 7, 2020

You should go to clerk's office and look at your file and find out what plea agreement you signed . The details of your plea will be in your file. You should hire an attorney to talk to the District Attorney or set a hearing in front of the judge to address parole issue and determine if you did in... Read more »

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I received a ticket with the incorrect date I was not in the state at the date that was listed, officer also didn’t sign

There is no amount for the fine, it is traffic control device, and there is no other info.

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

If you have not already checked with the appropriate Clerk about this Citation, you may wish to hire a competent attorney to look into it.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can having a paid attorney help with a probation violation?
Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Well if the attorney is unpaid, he is not going to help with the probation violation. Very often, a competent attorney can mitigate the damage from violating a probation order. The amount of jail time that is saved could be substantial.

1 Answer | Asked in Child Support for Tennessee on
Q: Is a parent considered "current on child support" if there are arrears?

My ex husband fell behind on his child support for a few years and is now paying the regular support plus a few dollars in arrears each month. The support order says he can use the child as a deduction only if he is current on child support. Is he considered current, if he still owes $6000 in... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Feb 6, 2020

No, his is not current. If he was current the arrears would be "zero."

1 Answer | Asked in Probate for Tennessee on
Q: What papers do I file when one heir is living in home rent free and won’t move out or sell? Will in probate years

Co-executors can not agree on a price to sell the home and one is living rent free for many years and wants to keep the home. There are 4 people involved two get 1/3 and two get 1/6 of the home and the rest of the estate. The will has been in probate for over two years. I want to fill a petition so... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 6, 2020

Either a co-executor or a tenant in common can file an action for a partition sale. The home may or may not be in probate. You need a competent attorney to do this. The personal property assets are probably lost at this point. But a good attorney should be able to force a sale.

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