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Tennessee Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I got pulled over in a "school zone" that the flashing lights were off and i didn't know kids were present due to covid

and received a ticket but the officer didn't ask me to sign it on the paper or on an electronic device. Does that mean an automatic dismissal in court since i wasn't asked to sign? Thank you

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

No. That is only an acknowledgement of the Citation instead of Arrest. You will need to go to Court in a respectful manner. Be polite about the lack of signature.

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u obtain exigent ntry based on incident that resulted in a good samaritan law being invoked...3 weeks afterthe fact

Good samaritan law .could exigent entry be made saying defendant had past history of destroying evidendc3... 3weeks later

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

Not sure of your question... But the defendant's attorney may be able to file a Motion To Suppress Evidence obtained by an illegal search. It is difficult to prevail and he needs a competent attorney.

1 Answer | Asked in Civil Litigation and Probate for Tennessee on
Q: Can I challenge a will that was executed in 2001 during which time that I was incarcerated.I was released in 2018.

Brother was sole beneficiary among myself and 6 other siblings.feel will was coerced undue influence on mother who was in Alzheimer status

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

In my opinion no... Besides blowing the SOL, there are practical matters to consider. Witnesses will be nonexistent now. And most importantly, the real and personal property is almost assuredly gone by now. I recommend you do a title search on any real property to see if any title problems can... Read more »

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 Criminal Law for Tennessee on
Q: my son was on bail in tn did a crime in nc did his time for that charge still waiting on tn 4 months later to pick up

he waived his extradation right and still have not heard a word about what is going on

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

I would contact his attorney in NC to see if he can find out. That seems to be taking an extra long time to extradite him but it could be because of COVID as well.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a scenario from my political science class. I'm genuinely stumped about how to answer and explain this.

Police officers cannot turn on their emergency lights when they stop to help a motorist. Officer D turned on his when stopping to give possible assistance to Al, who was parked in his van on the shoulder of the road. He saw a beer "in plain sight" and he subsequnetly arrested Al for... Read more »

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

So reading this I think it would depend on the reasoning of the Judge to why he suppressed the evidence and whether the same reasoning would then apply to say a dead body.

1 Answer | Asked in Civil Litigation and Civil Rights for Tennessee on
Q: I got a writ of possession about my vehicle but I never signed a warrant or was never notified of a court date.

There was a court date earlier this year but it got cancelled due to covid 19. I was told they had court 2 weeks ago but I was never notified about it. Is this illegal?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Apparently you knew of the suit against you. It was your responsibility to check with the Clerk to find out when Court was. You could file a motion to set aside the Default Judgment, but I do not recommend it.

1 Answer | Asked in Employment Law for Tennessee on
Q: Is my employer obligated to pay me over-time?

I live in Tennessee and work for a medium sized business based in Illinois. My job involves traveling to clients and performing monthly servicing of equipment. I have no managerial responsibilities, no direct reports, and no sales responsibilities. Also, no special skills are required to do my... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

A lot more facts are needed to analyze whether or not you should be classified as exempt. However, your situation does sound similar to cases we have handled in the past. There is an issue with the amount of money you are making that broadens the argument for your employer. If you are improperly... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: If I went to court in 2012 for a speeding violation that the judge dismissed, why am I now getting a court costs bill?

The judge dismissed the case, stipulating one year of no other moving violations. I have had no other violations since 2012, so can this TN county still levy $100+ court costs now, to “settle the case” as they claim? I have received no other communication from that court in eight years! And if... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

If the Citation was actually dismissed, then no points go to the MVR. But you apparently misunderstood the Judge, or the Clerk is mistaken. Either way you will have to pay those monies now, or it will be reported to DOS and they revoke your TNDL.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: So if I can not be arrested on a corpus warrant in TN, why is the clerk telling me to turn myself in?

Received a FTA because I had court dates mixed up.

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

You probably mean capias warrant. Hire a competent attorney to take you to Court when you are not on the Docket to set aside the capia and resolve everything. Have money ready to pay the costs and fines. Most likely you will walk out of there.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: Me n my boyfriend had argument bout year half go the law just now came to my house for him on domestic charges

He busted my car window out but it was cold that morning so it broke easy I was mad went to pd but we end up working thing out he paid for the window also he may have possible vop had bonds man call the jail see if he had bond they said no said he think there was 2 domestic violence charges and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

Boyfriend needs a competent attorney today. DA is worst than some felonies. He should not plead guilty under any condition except diversion.

1 Answer | Asked in Civil Rights for Tennessee on
Q: Will I get failure to appear and go to jail if I don’t go to court if I received a summons in my civil lawsuit
Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

Civil suits usually do not involve incarceration, unless there is a post-judgment asset discovery problem. I recommend you go to Court, if for no other reason than to make sure the judgment reflects a correct amount and all payments. That judgment will be against you for a long time, so deal... Read more »

2 Answers | Asked in Immigration Law for Tennessee on
Q: I751 is pending for 8 years should I apply for N400?

Hi there,

I have applied for i751 8 years ago. It's been pending since then and finally there was an action on my case last month. It has transferred to the another office. So friends and family members have telling me to apply for citizenship.

I would like to know that if... Read more »

Rehim Babaoglu
Rehim Babaoglu answered on Sep 15, 2020

Yes, file for your naturalization. You should hire an immigration lawyer and be represented for both matters. Eight years? There's something wrong with the way they handled your case. Good luck

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother passed away with a $37,000 mortgage balance on her home. No written will. I am her oldest grandchild and

I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: can an apartment send to collections for breaking a lease if the apartment was re-rented after abandonment?

I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.

2 Answers | Asked in Collections for Tennessee on
Q: Can you collect on a judgement that was issued for $18,000.00 dollars against a self employed contractor. What fee?

Poor workmanship on septic system that collapsed and had to be reworked. The county inspector and the State of Tennessee had to be called in to correct this issue. He was not licensed for this work even though he stated he was. He has his own remodeling business with new autos so he is still in... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

If you won a judgment then you can start the collection process. You have the ability to garnish wages, bank accounts, and levy real property. This can be a time consuming and arduous process. Consider hiring an experienced collection attorney to assist.

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1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: What motion if any can be file to help my brother?

My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

This is a Tennessee forum. It sounds like he may wish to file a notice of appeal if he still has time. Get ahold of an attorney in the appropriate jurisdiction.

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