Tennessee Civil Litigation Legal Questions

I don't think working off the books would preclude your suit, but workers' compensation laws might.  I do not know what the workers' compensation system in Tennessee provides, but in many states it would preclude an employee from suing an employer for any work-related injury - the employee would have to go through the workers' compensation system.... Read More

You husband didn't have the authority to tell the shop to order the parts and do the work. Since the warranty company was going to pay for it, they should have been told by the shop what the problem was and how much it was going to cost. It could have authorized the repairs or denied it. The repair shop has a lien on the truck until the bill is paid as long as they retain possession of the truck. The only way to get this matter resolved is for you to sue the warranty company in small claims court and let a judge decide who owes it.... Read More

If he was in custody, being questioned and he made a statement incriminating himself and was not given his Miranda rights, then the judge handling the criminal case will keep the incriminating statement out of his criminal prosecution. There is no civil suit if he is guilty of the charge for which he is being charged.  ... Read More

I don't know of any law that would prohibit her from seeking additional orders of protection. If it happens again, when you go to court, tell the judge about the previous OP that she has filed and been dismissed and ask the judge to issue an order that she is not to take any more OPs. You need to have copies of the previous OPs and orders showing the dismissals.... Read More

The expungement of federal convictions is controlled by federal law. Usually, federal convictions are not expungable. However, the Fresh Start Act of 2016 was introduced which amends the federal criminal code to allow an individual convicted of a nonviolent criminal offense to file a petition for expungement of the record of such conviction. I do not know if this bill was ever passed. Also, at one time there was an exception which allowed expungements for minor federal drug offenses under 18 U.S.C. 3607(c). If a person is found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) or an offense described in that section, he may be able to have his record expunged. This Act applies to simple possession of controlled substances. If a person was under 21 at the time of a conviction for simple possession and does not have a prior conviction for a drug offense, he may be eligible to have his record expunged. I do not know if this is still available.      ... Read More

I wish there were a clear cut answer to your question but there is not. Sales over the internet have provided courts with questions of jurisdiction that are still being worked out on a case by case basis. The first notice that you will receive that you are actually being sued is that you will receive a general sessions civil warrant which will contain a short summary of why you are being sued and it will have a court date. If you do not want to spend the money to hire an attorney and if you do not want to make the trip to Williamson County, when you receive the general sessions civil warrant you can file a "motion to dismiss". In the motion, you can tell the judge why you feel that the Tennessee courts do not have jurisdiction over you. Be sure to include in the title and the body of the motion  that you are making a "special appearance"  to contest the jurisdication of the Tennessee and that you are not making a general appearance and that you are not voluntarily subjecting yourself to the jurisdiction of the Tennessee courts. Be sure that you send the Plaintiff a copy of the motion. While I think that it would be better for you to hire an attorney, that is your decision.... Read More