Tennessee Questions & Answers by Practice Area
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Tennessee Questions & Answers
Q: If Rooms To Go ran over my mailbox and my neighbor saw it are they required to repair or replace it.
David A. Wolf's answer
Rooms To Go should be more gracious and forthcoming in repairing or replacing the mailbox. However, if Rooms To Go is willing to foot the costs - it may be worth it to do the leg work to get your mailbox in order. It is not worth the cost or hassle to take this matter to smalls claims court or to fuss with Rooms To Go in order to attempt Rooms To Go to do all of the work.
Rooms To Go should be more gracious and forthcoming in repairing or replacing the mailbox. However, if Rooms To Go is willing to foot the costs - it may be worth it to do the leg work to get your mailbox in order. It is not worth the cost or hassle to take this matter to smalls claims court or to fuss with Rooms To Go in order to attempt Rooms To Go to do all of the work.
Q: Can I sue for defamation if someone claims I threatened their kids filed charges & the "threat" is found to be baseless
David A. Wolf's answer
A defamation case or claim is quite difficult and complex. There are two ways to view any case including a defamation case: 1. Legal Cause of Action; and 2. Practical Cause of Action. If the elements of a legal case can be alleged and proved, then an action of defamation can be pursued. Each State has different rules and standards in place for defamation cases. Then, the question is whether it makes practical sense to pursue such a case. If the statements were intentionally made with the...
A defamation case or claim is quite difficult and complex. There are two ways to view any case including a defamation case: 1. Legal Cause of Action; and 2. Practical Cause of Action. If the elements of a legal case can be alleged and proved, then an action of defamation can be pursued. Each State has different rules and standards in place for defamation cases. Then, the question is whether it makes practical sense to pursue such a case. If the statements were intentionally made with the...
Q: Went 2 court for 1st time & judge gave me 60 days to get lawyer. Because of bail I can't afford one yet.What will happen
Megan R. House's answer
If you could afford to bail yourself out but not hire a lawyer, it sounds like you should have stayed in jail in order to get a public defender. The judge will probably not ask to you to plead until you have retained an attorney or decided to represent yourself (which I do not recommend).
If you could afford to bail yourself out but not hire a lawyer, it sounds like you should have stayed in jail in order to get a public defender. The judge will probably not ask to you to plead until you have retained an attorney or decided to represent yourself (which I do not recommend).
Q: How can I find out if there is a court date for a custody hearing for my child without me knowing?Can the father do that
Megan R. House's answer
If there is a custody proceeding involving you and your child then it is required by law that he serve you with the paperwork. However, if you think he is up to something, call down to the Shelby County Juvenile Court, give them your information and ask if anything has been filed or if a court date has been assigned. Best of luck.
If there is a custody proceeding involving you and your child then it is required by law that he serve you with the paperwork. However, if you think he is up to something, call down to the Shelby County Juvenile Court, give them your information and ask if anything has been filed or if a court date has been assigned. Best of luck.
Q: I have a tentant that is 4 months past due as of today. I have let the lease expire last year.Options to evict?
Megan R. House's answer
If there is not an active lease, then you may have what's called a month-to-month tenant. If the tenant is month-to-month, then you may evict with 30 days notice for non-payment of rent. You'll need to give notice, file the proper paperwork in court and go before a judge. I would suggest you hire an attorney to assist you, it shouldn't be very expensive and this can be a difficult process to navigate on your own.
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If there is not an active lease, then you may have what's called a month-to-month tenant. If the tenant is month-to-month, then you may evict with 30 days notice for non-payment of rent. You'll need to give notice, file the proper paperwork in court and go before a judge. I would suggest you hire an attorney to assist you, it shouldn't be very expensive and this can be a difficult process to navigate on your own.
The use of this website to ask questions or receive answers does not...
Q: Trying to complete my divorce, HELP! ! !
Megan R. House's answer
Without all the facts, it is impossible for me to know why mediation was ordered if there is nothing in dispute. It may be considered contested because a parenting plan and marital dissolution agreement have not been submitted to the court. I suggest you find an attorney as soon as possible to draft the necessary documents to finalize your divorce.
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Without all the facts, it is impossible for me to know why mediation was ordered if there is nothing in dispute. It may be considered contested because a parenting plan and marital dissolution agreement have not been submitted to the court. I suggest you find an attorney as soon as possible to draft the necessary documents to finalize your divorce.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and attorney...
Q: Will it still take 60 days to divorce if we have been separated for 2 years?
Megan R. House's answer
I recommend that you hire an attorney to handle the divorce and answer your questions.
I recommend that you hire an attorney to handle the divorce and answer your questions.
Q: I am in a lesbian marriage in Tennessee. Can I sign the birth certificate when my wife gives birth?
Terrence H Thorgaard's answer
One does not "sign the birth certificate". One signs an "affidavit of paternity", which is the basis for the issuance of a birth certificate by a state official. A sperm donor would sign such an affidavit if his sperm was used to impregnate the mother, by you would not be able to truthfully sign such an affidavit.
One does not "sign the birth certificate". One signs an "affidavit of paternity", which is the basis for the issuance of a birth certificate by a state official. A sperm donor would sign such an affidavit if his sperm was used to impregnate the mother, by you would not be able to truthfully sign such an affidavit.
Q: Complicated
Megan R. House's answer
Hiding things from your attorney does nothing but put both of you in a vulnerable situation. Tell him or her immediately and discuss it with them.
Hiding things from your attorney does nothing but put both of you in a vulnerable situation. Tell him or her immediately and discuss it with them.
Q: does it cost extra in a divorce to ask for my name back? my hubby had papers drawn up but i wont sign, until he adds it
Megan R. House's answer
I'm not sure what you mean when you ask if it's legal not to sign in front of his attorney, if the paperwork just has to be signed and notarized then you can sign in front of any notary. I practice in Shelby County, and in this county, there is no additional cost to ask that the court restore the wife to her maiden name. Further, if he is the plaintiff, after the papers are signed, he will have to go before the judge to ask the judge to grant the divorce, and thus finalize it. That is usually...
I'm not sure what you mean when you ask if it's legal not to sign in front of his attorney, if the paperwork just has to be signed and notarized then you can sign in front of any notary. I practice in Shelby County, and in this county, there is no additional cost to ask that the court restore the wife to her maiden name. Further, if he is the plaintiff, after the papers are signed, he will have to go before the judge to ask the judge to grant the divorce, and thus finalize it. That is usually...
Q: What happens if one spouse does not take the parenting classes in an uncontested online divorce?
Megan R. House's answer
I am unclear as to what you mean by online divorce. If you filed paperwork online, with any entity other than the court, and did not go to court and have a divorce decree signed by a judge then you are not divorced.
I am unclear as to what you mean by online divorce. If you filed paperwork online, with any entity other than the court, and did not go to court and have a divorce decree signed by a judge then you are not divorced.
Q: I got married in TN, in 2013 and 5 months after we got married my husband left me and moved back to MS where he is from
Megan R. House's answer
Since you are a resident of Tennessee and your husband is not, you may properly file in the county in which you reside, Shelby County. There are ways to get proper service on him, which will allow you to proceed with the divorce, without being able to get in contact with him directly. You should contact an attorney to consult with you about your options and the best course of action in this case.
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Since you are a resident of Tennessee and your husband is not, you may properly file in the county in which you reside, Shelby County. There are ways to get proper service on him, which will allow you to proceed with the divorce, without being able to get in contact with him directly. You should contact an attorney to consult with you about your options and the best course of action in this case.
The use of this website to ask questions or receive answers does not create an...
Q: Can a spouse legally relocate out of state with two minors of the same marriage before filing a petition for divorce?
Megan R. House's answer
I would suggest that you file first and ask the court to address custody, particularly this potential relocation issue, as soon as possible. For an uncontested divorce with children, you must wait at least 90 days after filing for divorce before your divorce can be finalized by a judge. However, there is a way to file the necessary paperwork and have a hearing on custody pending the final divorce decree without having to wait the 90 days to have an agreed parenting plan ordered by the court....
I would suggest that you file first and ask the court to address custody, particularly this potential relocation issue, as soon as possible. For an uncontested divorce with children, you must wait at least 90 days after filing for divorce before your divorce can be finalized by a judge. However, there is a way to file the necessary paperwork and have a hearing on custody pending the final divorce decree without having to wait the 90 days to have an agreed parenting plan ordered by the court....
Q: I received a ticket on my motorcycle and the officer wrote the wrong make of the bike on the ticket...is it still valid?
Megan R. House's answer
Yes, the ticket is still valid. Minor errors such as the wrong make and model of your back usually will not effect the validity of the ticket.
Yes, the ticket is still valid. Minor errors such as the wrong make and model of your back usually will not effect the validity of the ticket.
Q: Can I do most of the talking in court even if I have a lawyer?
Megan R. House's answer
If you have questions about your case, since you already have a lawyer, you should ask him/her.
If you have questions about your case, since you already have a lawyer, you should ask him/her.
Q: Do I need to file a AFFIDAVIT OF SUPPORT since I am just petition my mother only and I am just single divorce.
Shan Dimitris Potts' answer
Yes irrespective of your marital status and the person you are sponsoring the petitioner should always file the form I-864. Contact an immigration attorney to help you with this process. All the best. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law...
Yes irrespective of your marital status and the person you are sponsoring the petitioner should always file the form I-864. Contact an immigration attorney to help you with this process. All the best. Many immigration attorneys including me offer free consultations, make use of the consultations.
All the best.
-Shan Potts
Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez
15 years of successful immigration law...
Q: Today at my job I was shown a picture of man in a store. They said an employees card was stolen and if it was me.
Eugene L. Belenitsky's answer
You can be accused but that does not mean you can be convicted. Do not answer any questions. Do not talk to the police. Speak with a lawyer if you have any questions.
You can be accused but that does not mean you can be convicted. Do not answer any questions. Do not talk to the police. Speak with a lawyer if you have any questions.
Q: Does illegal entry have to be proven in auto burglary case, (TCA 39-14-402? Can a finders-keepers defense be use?
Eugene L. Belenitsky's answer
It appears that your grandson admitted to possessing a camera linked to a break in of a vehicle. You can help him by getting a lawyer to defend him. His story needs to be developed and evaluated against the State's proof. It may be that the car was broken into by someone else. Speak with a lawyer right away about getting your grandson some help. Good luck.
It appears that your grandson admitted to possessing a camera linked to a break in of a vehicle. You can help him by getting a lawyer to defend him. His story needs to be developed and evaluated against the State's proof. It may be that the car was broken into by someone else. Speak with a lawyer right away about getting your grandson some help. Good luck.
Q: My parents gave me a dog as a gift in ny and i have witnesses saying he did...i moved to tn and took the dog with me..
Eugene L. Belenitsky's answer
They can certainly press charges. You have a defense that this was a gift. Possession is considered important but is not conclusive. Who gave the dog the shots? Who took the dog to the vet? Who has the dogs records? Who walked the dog? Who fed the dog? Who initially paid for the dog? How long ago was the dog in your custody? Who named the dog? These are all important questions that need to be answered to establish ownership of the dog. Right now, your questions are hypothetical because there is...
They can certainly press charges. You have a defense that this was a gift. Possession is considered important but is not conclusive. Who gave the dog the shots? Who took the dog to the vet? Who has the dogs records? Who walked the dog? Who fed the dog? Who initially paid for the dog? How long ago was the dog in your custody? Who named the dog? These are all important questions that need to be answered to establish ownership of the dog. Right now, your questions are hypothetical because there is...
Q: I received a red light traffic cam ticket in the mail I live out of state and don't believe I ran the light but it was
Eugene L. Belenitsky's answer
They can unless you prove it was not you driving. If you fail to show up and fail to defend, there will be a fine issued and court costs. I don't know if they can suspend your out-of-state license for an offense in Tennessee. What you definitely want to avoid is getting a warrant for failure to appear, failure to pay costs & fines. Get an attorney to go to court and get this cleared up for you. If your ticket is from the Memphis/Shelby County area, this could be handled by an attorney for,...
They can unless you prove it was not you driving. If you fail to show up and fail to defend, there will be a fine issued and court costs. I don't know if they can suspend your out-of-state license for an offense in Tennessee. What you definitely want to avoid is getting a warrant for failure to appear, failure to pay costs & fines. Get an attorney to go to court and get this cleared up for you. If your ticket is from the Memphis/Shelby County area, this could be handled by an attorney for,...
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