Tennessee Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents (Intellectual Property)
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Stockbroker Fraud
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Tennessee Questions & Answers
Q: Can judge order heirs to bring back personal property they took after dad died ? No will ,but now have admin of estate ?
Leonard Robert Grefseng's answer
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.
Yes, the judge can order that and more importantly, the administrator of the estate has a DUTY to try and recover the lost assets. Consult an experienced probate/estate lawyer asap for specific advice on your situation, this is not something you can do without a lawyer. The legal fees are a priority expense of the administration.
Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.
Anthony Marvin Avery's answer
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
Q: Can you drop off students in a no-parking zone in a neighborhood beside a school?
Anthony Marvin Avery's answer
It is not legal for you to park there, much less halt briefly, and let out or pick up a passenger. However a Parking Citation is rarely a Rule of the Road Violation, so it does not go on your Motor Vehicle Record for the last year. You do not acquire points against your Driving License.
It is not legal for you to park there, much less halt briefly, and let out or pick up a passenger. However a Parking Citation is rarely a Rule of the Road Violation, so it does not go on your Motor Vehicle Record for the last year. You do not acquire points against your Driving License.
Q: I am looking for information on how to obtain my Pre sentence investigation report from 2001.
Lawrence James Arnkoff's answer
I am assuming from your question that you have a federal conviction.
If so your PSR should be available at the U.S. probation office
in the district your were sentenced. Also the attorney who represented
you at the time should have a copy. If that fails you could file a pro se
motion in that court asking the Judge to have the clerk of the court
release a copy of the PSR to you. Since it is not public record the clerk
cannot release it without a...
I am assuming from your question that you have a federal conviction.
If so your PSR should be available at the U.S. probation office
in the district your were sentenced. Also the attorney who represented
you at the time should have a copy. If that fails you could file a pro se
motion in that court asking the Judge to have the clerk of the court
release a copy of the PSR to you. Since it is not public record the clerk
cannot release it without a...
Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a
Leonard Robert Grefseng's answer
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...
Q: I have been ordered to pay my public defender $200.00 if I fail to pay can I be arrested and jailed until I pay him?
Mr. Kent Thomas Jones Esq.'s answer
It really depends on the circumstances and the nature of the order. If he has already defended you, and your case is over, then it seems like more of a civil debtor/creditor situation; however, with a direct order from the criminal court, it is probably more, so arrest is a possibility. You can usually get $200 just about anywhere. I would suggest paying him or her.
It really depends on the circumstances and the nature of the order. If he has already defended you, and your case is over, then it seems like more of a civil debtor/creditor situation; however, with a direct order from the criminal court, it is probably more, so arrest is a possibility. You can usually get $200 just about anywhere. I would suggest paying him or her.
Q: What can you do when someone makes false domestic violence reports to police?
1 Answer
| Asked
in
Criminal Law, Domestic Violence and Family Law
for
Tennessee
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Mr. Kent Thomas Jones Esq.'s answer
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
That is a difficult issue; however, it is one that occurs regularly. The accuser does something physical to you then calls the police and states that you have done something to him or her. You may get arrested. It is important to document the details of the situations and have witnesses and pictures if possible. If you go to court without an attorney and he or she shows up to prosecute, then it will be difficult to dig yourself out of the situation, especially if you have a criminal record...
Q: If I voluntarily went to the police station for interview for being accused of a crime and my rights weren’t read...
Mr. Kent Thomas Jones Esq.'s answer
Miranda rights are procedural in nature. If they are not given, that does not necessarily mean that you cannot be proven guilty, but, yes, statements can be thrown out.
Miranda rights are procedural in nature. If they are not given, that does not necessarily mean that you cannot be proven guilty, but, yes, statements can be thrown out.
Q: if I'm arrested and not read my miranda rights can the court still convict me?
Anthony Marvin Avery's answer
Yes if they have sufficient Evidence to present to the Court outside of what you verbally told the Officers. The Miranda Case only concerns Testimonial Evidence you give against yourself, not any other Evidence.
I have no idea what the Waiver is that you are talking about. That is not a Statute in Tennessee, but it might be a City/County Ordinance or a Local Court Rule. You should hire a competent attorney now.
Yes if they have sufficient Evidence to present to the Court outside of what you verbally told the Officers. The Miranda Case only concerns Testimonial Evidence you give against yourself, not any other Evidence.
I have no idea what the Waiver is that you are talking about. That is not a Statute in Tennessee, but it might be a City/County Ordinance or a Local Court Rule. You should hire a competent attorney now.
Q: can someone take pitcure of your house or your proputy with out asking
1 Answer
| Asked
in
Contracts, Criminal Law and Real Estate Law
for
Tennessee
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.
Yes as long as they do not physically trespass upon your real property.
Q: In Tennessee is it legal for a police officer to post surveillance camera footage from a home security camera
Cayley Turrin's answer
It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.
It is legal. Unfortunately it is very unfair and puts that person in a bad light that may not have done anything wrong but it is allowed.
Q: Is there a chance a good lawyer can prove no consent to search was giving if the officer had, no video of traffic stop
Mr. Kent Thomas Jones Esq.'s answer
Yes. If there is no evidence of something like a broken taillight or lights being turned off when it is raining or dark, then it is possible that a good lawyer can disprove that the condition occurred.
Yes. If there is no evidence of something like a broken taillight or lights being turned off when it is raining or dark, then it is possible that a good lawyer can disprove that the condition occurred.
Q: The lease agreement stated we would be liable for the remainder of the rent due unless a new tenant was found.
Leonard Robert Grefseng's answer
It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.
Consult an experienced real estate lawyer for advice on your specific situation.
It's hard to say precisely without reading the lease agreement, but generally, you are only liable for the costs of re-renting the unit and the amount of rent due during the period of time the unit was vacant. The landlord cannot collect the rent for one unit twice.
Consult an experienced real estate lawyer for advice on your specific situation.
Q: Is price fixing illegal in Tennessee?
Michael Hales' answer
Although I'm not a TN attorney, I imagine that this is simply one of the terms of use for selling on the website, taking this outside the realm of price fixing. Your parents can sell it for $1 (and can advertise elsewhere for that price), but they can't list in on the website for that amount.
A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article
Although I'm not a TN attorney, I imagine that this is simply one of the terms of use for selling on the website, taking this outside the realm of price fixing. Your parents can sell it for $1 (and can advertise elsewhere for that price), but they can't list in on the website for that amount.
A while back, I wrote an article about timeshares for my state bar that you may find helpful. You can access it at: https://skidmorehales.com/article
Q: what is meant by nature and amount of the lien sought to be fixed
Anthony Marvin Avery's answer
Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.
Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.
Q: with no video or picture eveidence on a charge of burglary 2nd degree how good are the chanches of not going to jail ?
Anthony Marvin Avery's answer
You have not stated sufficient facts, much less what the State has. Hire a competent attorney now and prepare for either a Preliminary Hearing or
Discovery and Trial, depending on where you are at in t his prosecution.
I would at least read the Warrant to see what the Officer/Affiant claims happened.
You have not stated sufficient facts, much less what the State has. Hire a competent attorney now and prepare for either a Preliminary Hearing or
Discovery and Trial, depending on where you are at in t his prosecution.
I would at least read the Warrant to see what the Officer/Affiant claims happened.
Q: Is there anything I can do to get my money back? Especially since I have him stating in writing that he would?
Anthony Marvin Avery's answer
I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.
I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.
Q: Can I hold tenant liable for damage they caused to my home? (rental property)
Leonard Robert Grefseng's answer
Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.
Yes, "normal wear and tear" are not recoverable, but you can recover for damages which exceed that. Take lots of pictures before an dafter the repairs are made. If you hold a security deposit, you should try to schedule an inspection of the property with the tenants BEFORE you refund any portion of the deposit. They might agree to allow you to keep the deposit in lieu of paying for the damage repairs.
Q: I have 3 siblings besides myself, our father passed away in May 2018 , no will.
Anthony Marvin Avery's answer
Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very difficult for them to get paid and not all Creditors would file Claims.
Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very difficult for them to get paid and not all Creditors would file Claims.
Q: Codes and regulations writ of possession of personal.property in Tn
Anthony Marvin Avery's answer
I am not sure what you are asking about. But the simplest Cause of Action to obtain your personal, non-real, property, is to file an Action to Recover Personal Property in General Sessions Court. This can often be filed without an attorney, but you must be prepared for any defenses or title problems. A Bond may be required by the Judge before he issues it, and the Sheriff may request your assistance in identifying the property to be seized.
I am not sure what you are asking about. But the simplest Cause of Action to obtain your personal, non-real, property, is to file an Action to Recover Personal Property in General Sessions Court. This can often be filed without an attorney, but you must be prepared for any defenses or title problems. A Bond may be required by the Judge before he issues it, and the Sheriff may request your assistance in identifying the property to be seized.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
