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Tennessee Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Tennessee on
Q: Im going to start an ecommerce website. I do I need an LLC out the gate to protect myself?

Im wanting to start an ecommerce website. Do I need a LLC to protect myself just to test the business and the market. However, I do have an ok savings but I do not want to get sued. I'm scared that I would lose my personal savings if I don't.

What I mean by testing the business... Read more »

Michael Ray Smith
Michael Ray Smith answered on May 17, 2022

I'm not a Tennessee attorney, but the answer to your question would be more or less the same in any state.

I agree with Mr. Wright. Yes, you should have an LLC out of the gate. A corporation is another alternative, but an LLC is generally the structure of choice for small...
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5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
Anthony M. Avery answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: In 2019 I was sentenced to 1yr probation or until my fines/fees was paid in full for an attempted forgery charge.

I went twice to my probation officer and never went back. I just recently paid off my fines and was informed that I had a 1st violation warrant and there's no bond. Do you think I will get released from probation or will I have to complete a year? I know I am probably going to have to do some... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2022

Hire a competent attorney. Turn yourself in at Court with him, having all costs paid in full. It is possible that the Probation might get extended. Be ready for a drug test. Do not make the PO mad again, and do not get in any more trouble.

1 Answer | Asked in Family Law for Tennessee on
Q: Can you get an annulment in TN after 16 years of marriage that began while you were still married to your first wife

You found out you were still married to your first wife after 3 years of marriage to your 2nd wife and you then divorced your first wife however did not remarry your 2nd wife. Does this mean your 2nd marriage is invalid? Can the person who was married be liable and go to jail for bigamy after... Read more »

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

The second marriage is invalid. Consult local counsel to determine your options.

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 Criminal Law for Tennessee on
Q: Can you explain this law to me please
Anthony M. Avery
Anthony M. Avery answered on May 11, 2022

What law?... You may need to consult with an attorney, especially if you think it concerns you in a criminal manner.

1 Answer | Asked in Estate Planning for Tennessee on
Q: If I open a trust fund for my daughter from a previous relationship Will this be protected?

If I get divorced from my current husband will this money be protected? Could he take half of it or is it safe since it’s in her trust fund.

Anthony M. Avery
Anthony M. Avery answered on May 11, 2022

Do not create this Trust yourself. Hire a competent attorney to draft a simple Trust, possibly Spendthrift, without anyone else but the Trustee knowing. It will be difficult to keep it out of a divorce unless it is set up right and only certain people know about it. You will probably not... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you have the names on a deed changed?

My husband and I have been living in his grandparents home for 13 years. They have been deceased for 10 years. We have their deed, but do not know what our legal rights are are. The house is needing work and we are not able to take a loan out because the house is not in our home. What are our... Read more »

Bennett James Wills
Bennett James Wills answered on May 11, 2022

You need to first determine whether your husband is the sole heir of the property. If his parents are alive, or there are siblings, this will help determine options. Typically, when someone dies without a will, property is passed to the next of kin by statute. The heir files an affidavit of... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Federal Crimes for Tennessee on
Q: My daughter's mom burned her social security card in a fire on purpose. Is that a federal offense? My daughter is 19

She admitted to it in child support court and the judge said it was a federal offense..

Cayley Turrin
Cayley Turrin answered on May 10, 2022

I would consult with a federal attorney.

1 Answer | Asked in Criminal Law and White Collar Crime for Tennessee on
Q: Can the law brake in your door on a arrest warrant and cut your home security cameras off and are they allowed to take

Take your phone out of your hand on a traffic stop and say we don't need anyone else here

Cayley Turrin
Cayley Turrin answered on May 10, 2022

Without knowing more I can not say if it is legal or not.

1 Answer | Asked in Criminal Law, Internet Law and White Collar Crime for Tennessee on
Q: Have someone threatening to post nude photos to my family and friends if I don’t get them a 500 dollar Amazon gift card?

What can I do?

Cayley Turrin
Cayley Turrin answered on May 10, 2022

I would call the police and let them know.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: How much would i need to obtain a lawyer for 2 inditments the first one is for driving on revoke not yielding for a car

and felony envading and the other one is poss of cocaine drug paraphernalia and attempted tampering with evidence

Cayley Turrin
Cayley Turrin answered on May 10, 2022

You have two felonies for sure. You should hire an attorney for your case.

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: If I don’t go to court will aggravated domestic assault be dropped? I’m the victim

I called the police to supervise while I got my stuff and left after a fight with my boyfriend. I failed to mention the part where I attacked him verbally and threw something at him. He choked me for a few seconds and there were scratch marks. I also had a black eye from his elbow. I said it had... Read more »

Cayley Turrin
Cayley Turrin answered on May 10, 2022

Once charges have been pressed it is up to the district attorney. If you are subpoenaed you need to appear in court.

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Is it a crime for my live in boyfriend to frequently turn my cameras to the wall or disable my internet connection
Cayley Turrin
Cayley Turrin answered on May 10, 2022

Well if he is a live in boyfriend then he has permission. If you don't want him to live with you, you can rescind permission and kick him out.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My son got pulled over they said cause he crossed the line and when he pulled over the cop came up

Cop came up to my son's car and my son was going to record the cops for pulling him over and the cop Lean in the car window and took his phone is that league?

Cayley Turrin
Cayley Turrin answered on May 10, 2022

An attorney would need more information. It sounds like he was stopped on suspicion of a dui. I would contact an attorney for him.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a person be guilty of promotion of methamphetamine if the conviction offense isn't methamphetamine related

My son was put on probation and a class D felony for promotion of methamphetamine.. But on the judgement sheet it asked is this conviction offense methamphetamine related, and it said no. So how can he be guilt of promotion

Anthony M. Avery
Anthony M. Avery answered on May 9, 2022

The Judgment may be in error and needs to be amended. But you may not understand exactly what the conviction is or the sentence. Son needs to talk to his lawyer.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: What happens if you don’t show up to court in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on May 9, 2022

Generally in civil cases, a default judgment will go down against you. In a criminal case, the judge will issue capias for your arrest or a failure to appear arrest warrant. Some civil cases could result in contempt jail time, and some rule of the road violations will also result in a suspended... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can the law brake your door open on a arrest warrant when no one home and turn your home security cameras off

The law had me indicted and when we was gone out of state on vacation they broke my door in and cut off my home security cameras. And can they take your phone out of your hand when they come up to your door and say we don't need anyone else here

Anthony M. Avery
Anthony M. Avery answered on May 9, 2022

The Capias can be executed on your person by forcibly entering your residence. It is not a Search

Warrant. When arresting you, they will usually remove every object on your person.

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