Tennessee Recent Legal Answers from Lawyers

Assuming the truck is paid off and that your father was not married at the time of his death, you can file an Affidavit of Inheritance form with your local tag office.  You can get the form at the tag office or download it at the Tn Dept. of Revenue site.  Take the current title and a certified copy of the death certificate. Of course, you'll need to your own ID with you, too. GI-4 - Inherited Vehicle - Title/Registration Process – Tennessee Department of Revenue  ... Read Answer

If you’ve paid for the car in full but haven’t received the title, the seller is legally required to transfer it to you. Since the vehicle came from Mississippi, you’ll need to work with the Mississippi Department of Revenue, Title Bureau to verify who the titled owner is and whether there are any liens on the vehicle. Start by gathering all proof of payment—receipts, text messages, a bill of sale, or any written agreement. Then contact the Mississippi title office and explain that you purchased the car but the seller hasn’t transferred the title. They can tell you what forms to file, such as a bonded title application or complaint for failure to transfer title. If the seller refuses to cooperate, you can also report it to law enforcement or the state’s consumer protection division because keeping a title after full payment can be considered fraud. You may want to consult a Tennessee or Mississippi attorney who handles vehicle-title disputes to help you file the necessary paperwork or a small claims action to compel the seller to sign over the title. Acting quickly is important before your temporary tag or drive-out expires.... Read Answer

Inheritance is generally characterized as separate property and as such is not subject to division upon divorce like marital property is. However, if the income generated from that asset increases your ex's income then that income should be included in his income and expense declarations in order to compute support payments like alimony and child support. ... Read Answer

Without knowing the nature of the misdemeanor, it would be difficult to say definitely that you could not be deported for your situation – however, a citation generally indicates that an offense or crime is not serious. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

A “B” visitor is only admitted for the purposes of the particular trip. You should keep in mind that any quick action to submit an adjustment of status application after entry may raise the objection that your actual intent upon entry was in contravention of the B visa. The watchword is to be cautious. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

From your question, it appears that the creditor is seeking a deficiency judgment.  Deficiency judgments are often sought by creditors when the vehicle sells for less than what is owed on the car loan.   Creditors are entitled to seek a deficiency judgment in such cases; however, there may be potential defenses and/or counter-claims that you could raise in defense to said claims depending on the facts of your case.  For example, pursuant to Tenn. Code Ann. Tenn. Code Ann. § 47-9-610 there are certain notice requirements that the creditor must comply with prior to selling the repossessed vehicle.  If these notice requirements are met by the creditor, the creditor's failure to satisfy the notice requirements might serve as a defense in any future lawsuit by the creditor seeking a deficiency judgment.  There are also statutory requirements requiring creditors to sell the vehicle in a commercially reasonable manner, and the failure to sell the vehicle in a commercially reasonable manner may also be a defense.  The Servicemembers Civil Relief Act (SCRA), which is a federal statute, may also provide some protection that might be used as a defense in a lawsuit seeking a deficiency judgment if you are in the military depending on the particular facts of your case. Whether or not you should hire an attorney given the facts of your case is going to largely depend on how much you are being sued for.  In other words, if you are being sued for a few hundred dollars, it is likely not going to be cost-effective to hire an attorney.  On the other hand, if the creditor is seeking a judgment against you for $20,000.00 it would be highly recommended that you hire an attorney to represent you in the case.  In any event, I would recommend that you at least consult with an attorney regarding the civil summons that you have been served with so that you can determine the best path forward given the particular facts of your case.  If you were served with a civil summons that includes a court date, you must appear on the date set forth in the summons or else a default judgment may be obtained against you.  If the civil summons that you were served with does not include a court date, generally you must file a responsive pleading such as an Answer or Motion to Dismiss with the court clerk within thirty days of the date of service and you must serve a copy of this responsive pleading on the creditor's attorney as evidenced by a certificate of service or else a default judgment could be entered against you.... Read Answer

There isn't really enough information to answer your question.  In general, if you have reason to believe that your child support is set incorrectly, your best course of action is to consult with an attorney about filing a petition to modify child support.  In order to modify child support, you will need to show that there has been a substantial variance of at least 15% between what was originally ordered and what would be ordered using current information when calculating child support pursuant to the Tennessee Child Support Guidelines promulgated by the Tennessee Department of Human Services.  If the issue is that your employer is not withholding child support from your paycheck, you can always pay child support by making the payment yourself directly to the State of Tennessee's Child Support Receipting Unit.  The website below has information that can provide you with how to do so, and it includes options to pay electronically or by mail: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-payment-information/paying-child-support.html Be sure to include both the Court Docket Number, the TCSES Number, and follow the directions set forth in the website above carefully to ensure that you get credit for your child support payment.... Read Answer

Purchasing a home either during the pendency of a divorce or in anticipation of a divorce can be highly problematic for a number reasons.  If a divorce complaint has already been served upon you, purchasing the home might constitute a violation of the mutual statutory injunction that automatically goes into effect upon the filing of the divorce.  Additionally, if you purchase your home prior to the divorce being finalized, the home will likely be considered marital property subject to equitable division in the divorce case.  If you commingle separate funds with marital funds when purchasing the home, you might be transmutating your separate property into marital property.  I would recommend discussing the facts of your case with an experienced divorce attorney in order to determine your best course of action moving forward given the particular facts of your case.... Read Answer

There are two things involved here for you to obtain the benefit from your mother. The first is the length of time and the second the TN status that requires nonimmigrant intent. If your mother sponsored you, it would be under the F-3 category for married sons and daughters of US citizens. For Mexican-born, only those who applied before June 15, 2001, are receiving final interviews. So that is a wait of over 20 years. The second issue is that TN is not a dual intent visa under which a person can intend to immigrate while at the same time receiving the TN visa. Luckily, most consular and CBP officers would take into account the length of time that the F-3 application would take, and would accordingly still allow you to enter the US with TN status even if you have a pending or approved immigrant visa petition under that category. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

You should retain a personal injury lawyer in your state to investigate the matter to determine if the school can be held civilly liable. The issue in the case is whether the school officals were on constructive or actual notice of the problem and failed to take steps to protect your grandson in spite of that notice. ... Read Answer

Hello - your question showed up to me as an attorney in Colorado.  I don't know if perhaps your mother passed away in Colorado, as I see that you are in Tennessee.  In Colorado a claim against an estate is barred (i.e., no longer valid) after one year following death (sooner if notice has been sent to the creditor).  If she passed in Tennessee, its laws would govern, but it may have a similar law.... Read Answer

It really just depends on what type of entity you would like your business to be. The types are as follows: Sole Proprietorship, Partnership, Corporation, S Corporation, and Limited Liability Company (LLC). There are different forms for different entities. You can find out more information by visiting the Tennessee Secretary of State's website.... Read Answer

It really depends on what type of fee agreement you have with the lawyer. If you were the injured party, most attorneys take personal injury cases on a contingency fee. This means the lawyer does not get paid unless he/she is able to secure a settlement on your behalf.  If the attorney does secure a settlement then the fee is generally a percentage of the settlment - most often 1/3 of the settlement. You will want to refer to the representation agreement you signed with the attorney. The representation agreement should contain the fee agreement. ... Read Answer

I think you missed labeled this question. It doesn’t appear to be an immigration question. Unless you or your ex are immigrants with or without a Green Card, you must speak with an immigration attorney ASAP. Most immigration attorneys offer a free consultation, so you should be able to get your questions answered at no charge. Greg Dann, Esq., MBA Immigration Attorney   GAD Legal, LLC www.gadlegal.com Gdann@gadlegal.com Office: (888) 315-4828 Fax: (412) 847-5885... Read Answer

Hi John, You are correct, you definitely need help with a divorce! The situation as you've described it is one that could go from bad to worse if you do not seek the help of an attorney quickly. Not only do married couples (typically) share an interest in property acquired during a marriage, but also in debts. You could be provided some protection upon the filing of a divorce with the automatic issuance of the statutory injunction, but aside from that you will most likely need the court to enter a temporary order to calm things down during the divorce proceedings. If you haven't already, you need to contact a local divorce attorney to help you with your particular situation. Sincerely, Robert Lee Jackson II Attorney at Law Law Office of Robert Lee Jackson II 5115 Maryland Way Suite 301 Brentwood, TN 37027 Office: (615) 376-9933 ... Read Answer

It sounds like insufficient evidence for a prosecutor to file charges. But if you get a call from an investigator do NOT talk to them (even if you're  totally innocent!). Politely say that you will not be making any statements without speaking to an attorney. If you are contacted by the police or investigator then you will want to hire a criminal lawyer in your area and let the attorney handle everything. You may never get a call or visit from police, however. Sometimes they just don't have enough evidence to send a case to the prosecutor. Other times, the prosecutor's office rejects the case for insufficient evidence.  If it's filed then you can have a lawyer defend you in court.  Good luck!... Read Answer

You will most likely want to contact a divorce attorney in your local area (or the area where your wife filed, if different). Your post doesn't give any information as to where you or your divorce action is located, but if you want to contact me to see if I can help you or provide you with a reference, feel free to do so.Lee Jackson (615) 669-3591 lee@leejacksonlaw.com... Read Answer