Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Tennessee on
Q: Currently paying child support and my ex wife doesn’t follow along with the PPP

My daughter is currently in kindergarten on a scholarship for her private school, but before this, I was paying child support AND my daughter’s tuition. Since she has gotten this scholarship, I no longer have to pay tuition. I have sent in my updated pay info to the state of TN, and have yet to... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 29, 2024

If someone’s not sticking to the parenting plan, there are two ways to handle it. One’s pretty straightforward, the other’s a bit more flexible.

First up, contempt of court. If they’re breaking the rules, they could face up to 10 days in jail for each violation.

Second, you...
View More

1 Answer | Asked in Child Support and Family Law for Tennessee on
Q: Ive ben legally married for almost 12years,and have a 10yo daughter with him.However I have not ben with him in10

of the yrs.Hes seen our daughter 5-6times tops then just stopped showing up,dont even call to check on her or on holidays.Hes NEVER given me a dime,not even when pregnant.He has a child with someone else witch she dont let him see him bc the baby(3/4yo)came home with bruises from a visit wit... View More

J. Ryan Johnson
J. Ryan Johnson
answered on Aug 27, 2024

You can seek child support from someone you are married to if you're living apart.

It would be better for you for him to file his takes so you can intercept his returns for unpaid support.

If he goes on disability, there should be an additional award for the child with a lump...
View More

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Hopefully you did not submit a blood test. Those drugs will show up and will be insurmountable unless it was an illegal stop. If 1st offense, 11 mo/ 29 days in jail, $350 fine and costs. DUI is an expensive crime. You will probably serve 48 hrs but lose your DL. Blowmeter may be an... View More

View More Answers

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI in TN. I take a few prescription medications that could be sedating. What are the maximum charges

Clonazepam for sleep, Lyrica for pain, and a intrathecal medication pump that contains fentanyl.

Daniel Woodard
Daniel Woodard pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2024

In Tennessee, the statute for DUI generally requires the state to prove 3 things: (1) that you were driving or in physical control of any automobile, (2) that you were on any of the public roads and highways of the state, and (3) you were under the influence of a substance or combination of... View More

View More Answers

1 Answer | Asked in Contracts for Tennessee on
Q: hello,I received a letter in the mail. from a lawyer.

It's a motion to renew,extend and/or revive a judgment (against me)for an additional ten yrs. I have no idea what the judgment is for. My husband and I did a bankruptcy way back when, I can't even remember when it was. And as far as I know no one fought it. It says I have thirty days to... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024

Get out your bankruptcy petition and see if the creditor was listed as a scheduled debt. If not, it was not discharged. You need to look at the Judgment which is probably a lien against you of record at the Register of Deeds. If the Judgment is legitimate, then there is no defense to the `10... View More

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can I be sued if I never had a lease agreement and have not lived on the property since 2019?

I lived in a fairly run down trailer that I rented from my grandmother in 2016-2019. I have had trouble with employment and my grandmother let me live there for basically nothing if I helped her with her yard and then when my grandfather became ill I took care of him. She counted this as work/... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024

It appears that you did not defend yourself in Court. Sessions Judgment can be appealed de novo to Circuit within 10 days, or its final. If final, then Judgment Creditor will try to collect against you and you need advice from a lawyer about exemptions and asset protection. If not final, file... View More

3 Answers | Asked in Probate for Tennessee on
Q: I recently received a phone call from a lawyers office in California telling me my grandmother passed away

The lawyer told me I had to fill out paper work before they would disclose any info about the probate case. The paperwork turned out to be a bond waiver. Do I sign the waiver and how can I find out info on the case and the parties involved

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024

You don’t HAVE to sign the bond waiver. If you trust the proposed executor then signing the bond waiver helps the case move along more quickly and cheaply meaning more money left over after expenses for heirs to inherit. But if you do not trust the proposed executor then you should not sign the... View More

View More Answers

1 Answer | Asked in Domestic Violence for Tennessee on
Q: How can I help with getting domestic violence charges dropped as the victim

My boyfriend and I got into a physical argument, he broke down the bathroom door and I bruised his shoulder. I contacted the police because I wanted the situation to be deescalated, we have never gotten into anything like this before. Obviously, he got charged with DV. We have a 2 month old at home... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2024

DA is worse than some felonies, especially in Knox Co. Boyfriend needs an attorney. He should not plead guilty to DA under any circumstances except there is Diversion, Dismissal and Expungement. Period...

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do I need to find & notify all possible relatives?

My cousin passed in 2019. I'm the only one taking care of his property & house. Do I still need to get a lawyer to find lost relatives, etc. in order to proceed with legalities to sell his place before the house gets run down too much. His parents are deceased, he had no siblings, never... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

You are correct about hiring an attorney to establish heirship and selling the property. Also keep taxes paid and ask for reimbursement for your expenses later although there is no right to recover them. The Affidavit of Heirship will be difficult but not impossible. And a title search is... View More

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Can you sue an insurance company if they refused to cover costs due to an unethical loophole?

About a year ago, a friend was living in Florida and she lent her truck to a friend. This friend allowed her boyfriend to drive the truck, who had been drinking (but still below the legal limit) and had no driver’s license. The guy got in a car accident and totaled the truck. The insurance... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

There are no ethical rules for insurance. Read your insurance contract for the exclusions the co. relied upon.

Bad Faith suit is only an extra 25% and exposes you to a bad faith claim. A suit for breach of contract may be possible within the contract term SOL. A good lawyer would...
View More

1 Answer | Asked in Estate Planning, Family Law, Probate and Criminal Law for Tennessee on
Q: My step son gave my horse away, I had been given me a pair of Belgian mares to me for Christmas. Can I get him for horse

theft. My husband sent numerous emails to people that he knew telling them about this. With a picture of me and the horses. During and after my husbands death, the step son has repeatedly sold off everything left to me in the will. He has since given my horse to someone else. I had tried moving... View More

Diedre Wachbrit Braverman
PREMIUM
Diedre Wachbrit Braverman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2024

You need to file a police report for the theft of your horse and the tracking device he put on your vehicle. Tell the cops everything he has done to harass you. You may get a restraining order. He may go to jail.

1 Answer | Asked in Estate Planning for Tennessee on
Q: My mom died two years ago and the 1.5M stepfather took everything, The attorney never tried to contact my brother or I.

My mom own half of the house too. Everything was taken and nothing to her side of the family.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2024

What you state as fact may not be the case. If the accounts were joint, the monies are his. If the house was tenants by the entirety, then the survivor owns it. You might hire a TN attorney to look into it if you really think the stepfather stole properties.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment

I won my case and the judge orderd the tennant to pay back rent but the tenenat has not made a payment. I had another garnishment served to there job but they quit to avoid paying and got another job but I dont know they work to have them served again what can I do

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

If you know where they bank, you might pay for a garnishment of their account. Outside of that, you might go after personal property you know they have and, as always file the judgment as a lien for 10 years in the County you think they live in. You could also get post judgment asset discovery... View More

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: final hearing for divorce where he will not sign

I made a motion for a default judgement. Got kicked back because I could not request a default on irreconcilable differences but marital behavior. Requested a final hearing and I have the date but unsure what to file to complete. Sent notice of Final hearing to defendant. Help what else do I need... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

IR Divorce is where there is an agreement. Apparently you have no agreement. In that case you must put on proof of grounds. You might not have any. Hire a lawyer who might be able to help, or stay married until he agrees or one of you dies.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: How is it not considered outright extortion when a court finds not guilty for a speeding ticket but still charges you

I got a speeding ticket in the state of TN for going supposedly 87 mph but when I pulled the bodycam and dashcam footage the radar showed 85 mph. I made a video on YT about it. I just cannot wrap my head around how this could be considered anything but extortion as I was found not guilty but still... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2024

Apparently you were either found guilty or had it dismissed with costs. I doubt there was any other disposition.. Read the Judge's Order on the Citation. It appears that you did not know what was going on and the Judge gave you a break through a Diversion even though you tried it.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: Do I need a lawyer for divorce due to property

In 2016 my parents signed the property I now own over to me and I registered it in my name in same year. My husband and I didn’t get married until 2020. The property is in my name not his. And also he works I do not and has 401k do I need a lawyer for that to since I don’t want anything from it.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

He can claim the appreciation in value since the marriage should be divided as marital property. Likewise you can argue the increase in his plan's value since marriage is marital property. You need an attorney when engaging in such a legal suit, as you could lose valuable properties.

1 Answer | Asked in Libel & Slander for Tennessee on
Q: My spouse sent messages to another man about my behavior. He has posted maliciously about me. Are those texts heresay?

My wife had an improper, non-sexual relationship with another man during a bad period in our marriage. She texted about my behavior, but I don’t know the validity of the texts. There was no violence or physical abuse. Now he has posted claims on Facebook (including my place of employment, full... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

If someone else than the other man presented them in Court, they would probably be considered inadmissible heresay. Probably no exceptions to TRE 801. But outside of Court, there are no evidentiary rules. If you sue someone for Defamation, you will need to comply with a relevant Statute, and... View More

1 Answer | Asked in Identity Theft for Tennessee on
Q: I need help someone used my information I'm not sure how deep it goes I'm a victim identity fraud
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. There are attorneys who deal with identity theft, data breaches, and related crimes. Additionally, your financial institutions and other entities that were affected may be able to offer guidance (contacting law... View More

1 Answer | Asked in Social Security for Tennessee on
Q: wife passed away June 19, 24. getting disability checks. $1600 a month. Her age 52. What percentage do i get

Can you explain to me the process of disability percentage and what I’m making when can I activate her checks to me and does that last for the rest of my life? What do I need to do? I am 62 and still working.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

I’m sorry to hear about your loss. Since you are 62, you may be eligible to receive a portion of your late wife's Social Security Disability benefits. Typically, you can receive a survivor benefit starting from age 60, but since you are still working, your earnings might affect the amount... View More

1 Answer | Asked in Constitutional Law for Tennessee on
Q: I was spending time with my girlfriend in a secluded area near to National Highway and a Police accused us, we didn't do

We didn't do anything,we were just sitting ang gazing and dreaming since we were near a Lake at National Highway in Chennai at Night Time.The police came in a squad and only one was in uniform,he threatened us that he will register a case as public nuisance and threatened to call our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

I'm really sorry to hear about your experience. It's understandable that this encounter has left both of you feeling shaken and distressed. The behavior of the police, especially when there was no wrongdoing on your part, is unacceptable and intimidating.

It's important to...
View More

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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.