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Tennessee Questions & Answers

1 Answer | Asked in Divorce, Collections and Internet Law for Tennessee on

Q: need some on to do a motion to entry Qdro order for alimony arrears.

Bennett James Wills answered on Aug 12, 2019

If you are looking for an attorney, you can use this site to search for a family law attorney with experience in QDROs in your area. QDROs can be difficult so you should find someone who has experience in this area.

2 Answers | Asked in Contracts and Employment Law for Tennessee on

Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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1 Answer | Asked in Family Law and Child Custody for Tennessee on

Q: Can I overturn a verdict based on the service of process. Hearing stated my whereabouts were unknown.

Emergency custody hearing.

Bennett James Wills answered on Aug 12, 2019

The timeline of events is important. An attorney would need much more information to evaluate your case and determine your options. Consult with a local attorney asap to determine your rights.

1 Answer | Asked in Lemon Law for Tennessee on

Q: I did a voluntary repo my used car that was in the shop more than my drive way they say i owe 14000 what can i do

I purchased a used car from drivetime. After about 4 months I started having problems. 3 batteries 2 alternators and a transmission later the car still did not run properly. It would turn on when it wanted to the the gear shift would not stay in drive it pops out while your driving. The transition... Read more »

Bennett James Wills answered on Aug 12, 2019

You may still be able to redeem the vehicle. But if you did a voluntary repo without first seeking other redress from drivetime, then you would still owe the lien holder any outstanding balance after a commercially reasonable sale. You may still have options but you would need to see a local... Read more »

1 Answer | Asked in Family Law for Tennessee on

Q: I have been verbally assaulted by my partner's ex wife multiple times in front of their children

They are going through a custody battle and she has yelled at me and cursed at me multiple times in front of their children as well as other members of the community. Do I have grounds for harassment charges?

Bennett James Wills answered on Aug 12, 2019

On that limited factual basis, no.

1 Answer | Asked in Family Law, Child Custody and Child Support for Tennessee on

Q: If my son's father is paying child support but there is no custody order at all, can I move from tennessee to florida?

Bennett James Wills answered on Aug 12, 2019

It is possible. You must comply with the statutes regarding relocation including given the proper notice. See, e.g., TCA 36-6-108. You would be wise to consult with a local attorney first to make sure you do it correctly.

1 Answer | Asked in Uncategorized for Tennessee on

Q: Can your health insurance license be revoked or suspended if you are fired from a company?

Anthony M. Avery answered on Aug 9, 2019

Just because of a job dismissal licenses are not revoked. But if someone makes a complaint to the Regulatory Board about the reasons for the firing, then the Board/Issuing Agency may act upon the Licensee for those reasons.

1 Answer | Asked in Foreclosure for Tennessee on

Q: Can they not give us the 3 weeks to get our stuff legally since the house is now theirs

The house I lived in has been foreclosed on and now sold ,the attorney requested 3 weeks for us to get our stuff and the new owner said yes now they are talking about we can’t stay there in order to get our stuff and shortening the time

Anthony M. Avery answered on Aug 8, 2019

You need to leave as soon as possible. But the owner cannot obtain possession without a Detainer Warrant. It must be filed, served or posted, then a Judgment For Possession goes down in Court. If you are not out in 10 days, then the Owner gets the Sheriff to physically remove you with a Writ of... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on

Q: Hello, In 1990 I was charged with A Violation of Custody Order with no conviction. Will this felony ever go away?

I worked for the State of Colorado for 27 years. I’ve never had any further legal issues or arrests. I now live in Tennessee. The arrest was in Colorado.

Thanks.

Mr. Kent Thomas Jones Esq. answered on Aug 8, 2019

I'm not sure if your criminal issue was in Colorado or Tennessee. I would contact an attorney in whichever state it occurred.

If you were not convicted, then I think you have a chance of getting it expunged. If you were convicted or entered into a plea, then you would need to talk with...
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1 Answer | Asked in Family Law for Tennessee on

Q: What is the benefit of being named the primary residential parent in TN, when a parenting plan is 50/50?

Leonard Robert Grefseng answered on Aug 8, 2019

You are correct from your question that equal parenting time ( and joint decision making) render the designation of "primary" as of little substantive value. However, I understand in some areas, the local school board will look to the designation to determine which school zone to apply, and... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: I live in Tennessee, my husband bought a townhouse 2 years ago but I wasn't able to be on the mortgage because...

Of my credit. If my husband was to pass away or anything happened to him would the house be passed to me as I did have to sign?

Leonard Robert Grefseng answered on Aug 8, 2019

You must double-check the DEED ( not the same document as the "mortgage" or "deed of trust"- both relate only to the loan). If your name is on the deed along with your husbands', you are a co-owner with him and upon death, it would pass immediately to you. If your name in not on the deed, he can... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Tennessee on

Q: In tennessee can a women sign as the father on a birth certificate when the child is born?

Will they get the "fathers" last name and rights to the child?

Leonard Robert Grefseng answered on Aug 7, 2019

Only the father can sign a V.A.P. ( voluntary acknowledgement of Paternity). If not signed by the father at the time of birth, the only way to established parentage for a child born out of wedlock is for either parent to file paternity proceedings and have DNA testing done.

2 Answers | Asked in Criminal Law, Federal Crimes and Probate for Tennessee on

Q: How do I find out how much time my son has in jail in Tennessee. Online it says he is on probation that was a month ago

I called around and no clear answers. I am in Florida and don’t know what to do.the information online is wrong and I am starting to think he is lost in the system. Is there any number or person I can call to help. Tried Williamson jail where he is they said he is state property looked online and... Read more »

Leonard Robert Grefseng answered on Aug 7, 2019

I suggest you contact the court clerk - if he is serving a sentence for a criminal offense, there is paperwork at the courthouse that says what he was convicted of, and what his sentence is, and whether it is to be served in the local jail or the Tennessee Department of Corrections. If he have... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on

Q: Can judgements paid in full recently be included in Ch. 7? How long after selling house can file Ch. 7?

Live in TN. Already paid lawyers fees, taken 1st class, and filled out all paperwork but closing on sale of house with ex husband in 2 days so couldn't file ch.7 with court last week when I met with lawyer.

Anthony M. Avery answered on Aug 6, 2019

You cannot be filing Bankruptcy while you are selling real property. The Trustee will intervene and remove you from the equation quickly, and you will receive little or no money. And if judgments are paid, then they are no longer a debt, obviously not eligible for Bankruptcy. You need to hire... Read more »

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1 Answer | Asked in Family Law, Estate Planning and Probate for Tennessee on

Q: My father is on his death bed. He got married. He wants to get it annulled but doesn’t have that kind of time.

What can we do to keep her from the money? Can we get in annulled faster?

Anthony M. Avery answered on Aug 6, 2019

Annullment is not an option in Tennessee. And just filing divorce on grounds of fault does not get a divorce. Hire a competent attorney for your Father to start transferring assets now. Life Estate/Remainder Deeds and/or Trusts might be good options for some more important assets. But it must... Read more »

1 Answer | Asked in Criminal Law for Tennessee on

Q: What if they have aggravated assault and imprisonment charge.?

Anthony M. Avery answered on Aug 6, 2019

Those are serious charges and the Defendant needs to hire a competent attorney today.

1 Answer | Asked in Estate Planning and Probate for Tennessee on

Q: My husband passed away but inherited land in MS. Is it legal for my step kids to sell it & cut me out? WasMarried 23 yrs

I cared for my husband through 8 years of Alzhiemers, he didn’t leave a will, but I was his POA. Step kids are trying to also take a portion of my house in Tennessee. Step daughter made herself executer of my husband estate ,even when I told her he had nothing subject to probate. Now his brother... Read more »

Anthony M. Avery answered on Aug 6, 2019

Your heirship intestate succession rights should be governed by Tennessee Law, which is very similar Nation wide. You probably need a competent Mississippi attorney to represent you, a long time ago. File an Affidavit of Heirship in Shelby County Register of Deeds and start using it. You have... Read more »

1 Answer | Asked in DUI / DWI and Criminal Law for Tennessee on

Q: Is it,possible to plea,for,medical reasons. To receive no jail time.

Being charged with Dui. 2nd offense. Non alcohol related. Due to medication. Do not know blood results. Arrested. Taken to,jail. Bonded out. Probation violation. Within 5 days was fighting for my life... Flesh eating bacteria. Strep and 2 others. Had,life saving surgery and facial reconstructive... Read more »

Anthony M. Avery answered on Aug 6, 2019

You need an attorney that is competent. Medical problems have no effect on sentencing. You probably need to prepare for a Preliminary Hearing, and if indicted, try to get a 1st Offense or try it as you have little to lose. Prescribed Medication is worse than alcohol as there is no standard on... Read more »

1 Answer | Asked in Child Support for Tennessee on

Q: I have court on sept 19 for child support modification

My ex who is the father of both of my children has asked for child support modification and and still owes a hefty amount for the past two years , we have no parenting plan in effect . What will likely happen when we go to court? Btw , he hasn’t worked and still don’t .

Bennett James Wills answered on Aug 6, 2019

Without knowing more about the case it's hard to tell what would happen in court. Being in arrears never looks good. You would be wise to consult with a local attorney.

1 Answer | Asked in Family Law and Civil Rights for Tennessee on

Q: if i am 16 and i want to move out do i have to be emancipated or can i legally just leave as long as i’m not in danger?

Bennett James Wills answered on Aug 5, 2019

You may be considered a runaway and you could potentially get in trouble with DCS and/or law enforcement.

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