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Found 96 results

  1. A friend is facing some legal challenges. Background on his situation: Moved from Pennsylvania to Tennessee in 2017, at the insistence of his wife. Has several young children with his wife. Has no family in TN and limited social network. His wife recently left him and moved in with another (married) man, whom she is now pregnant to. Has a verbal agreement with his wife to share 50/50 custody of their children. He is primary breadwinner; his wife is unreliable and does not hold a job. His wife indicated she was filing for (no fault) divorce, but so far hasn't followed through. Initially, he didn't want to pursue divorce, but changed his mind after learning of her pregnancy. My friend has a strong family/social support network in Pennsylvania, and plenty of job options if he returns. I think his situation will involve separate divorce and custody cases. I would appreciate any tips/advice on steps he should take/consider to minimize alimony obligation, increase chances he is granted primary/sole custody and (eventually, at least), win court approval to move (his children) to Pennsylvania. Thank you!
  2. is an 18 year old person leaving in Tennessee considered an adult with full control of their life if they are still in school (a senior in high school)? Can they move out of the parental home and live independently?
  3. Admittedly I made a mistake, I married my ex-husband. We were apart for three years and just got re-married this year. When we got divorced the last time, I paid him alimony for two years AND I needed to give him half of my 401K, which he managed to spend because he needed supplemental income. I don't believe that this second marriage is going to work out and I want to do some homework prior to filing for divorce, yet again. Since he already received half of my retirement, is he entitled to receive it again? I have built it up to more than it was before we divorced. Is he only entitled to what was contributed during our marriage this time around? I was very dumb and did NOT sign a pre-nup, thinking that things had changed and I wouldn't need one. Just wanted to know if anyone has experience with this and how I need to go about "sharing" my 401K. I've been at my company for 26 years! Thanks in advance for any input.
  4. In March, 2016, I purchased a used 2013 Chevy ECO Cruze, from a dealership with which I had been doing business for many years. About 1.5 weeks later, the weather warmed so I was able to wash/wax the car. I found black x's at the top of both headlamps; one headlamp has an amber reflector that I saw had a broken pod, the other headlamp has a clear/colorless reflector that is intact. The x's indicate the headlamps are from salvage vehicles, which told me the car had been in an accident at some point before my ownership. Also, on the right rear quarter panel, it is horribly scraped. It's clear to me that someone, at some time, tried to buff out the scraped area, but failed. It wasn't until Sept. 2016, that I remembered to ask the service manager (who was a friend) how I could get a CarFax report. He said to wait a minute & he returned with one in his hand. He was looking at it while walking toward me. He said, "There's nothing here except an accident..." I cut him right off with, "That's exactly what I wanted to know." His face looked like a dead man. He seemed to know there was a serious problem. As time went on, he kept making all kinds of promises on how he would take care of "it", but nothing was ever done. It became very clear to me that the General Manager was on-board with doing everything possible to keep me at a distance, placate me, make promises they never intended to keep, etc. At the last service at the dealership, I found that they had tried to cover up the evidence of the black x's by having someone attempt to sand them off (I found this when washing to car a few days later). They also tried using some kind of liquid substance that left marks in the plastic. The sanding ruined the smooth finish in the plastic. Question: Is there a law - state or federal - that addresses this situation? Did the dealership have a legal duty to disclose? Did the dealership have the legal right to attempt a cover-up? Did the dealership have a legal right to involve another person to attempt to cover up the x's on the headlamps, making that person an unwitting accomplice? I know this is long out of the one-year statute of limitations but... there is always the FCC, GM, Chevrolet, state attorney general... Thanks for any help you may be able to give. I need some legal teeth to bolster my complaint letters.
  5. I am at a loss and no better place to start than here. My grandmother left her five children a sizable amount of money upon her death. Because my mother has a history of drug and alcohol abuse, my siblings and I were also named in the will, however we are not direct recipients of the inheritance. Basically, as I understand it, we are simply listed so that upon her death, we would get the money, and not some other person who is in her life at the time. My mother was recently jailed for drug use and is now out. This money is a loaded gun in her hands and is going toward alcohol and drugs, and also going to support her drug-addicted friends. Do I have any ground to have her deemed incompetent so that the money is out of her hands directly? I do not want a cent of the money for my own personal use and I don't want it to appear to family that I am after the money -- which is why I have done nothing for two years. But with the recent arrest and additional information that shows completely reckless behavior fueled by a wash of cash, I can no longer sit idly by while she kills herself and supports the habits of derelicts around her. In a perfect world, the money would be set aside with provisions that I care for her with it (including putting her in a great rehab program for as long as it takes) and if anything, it goes into an educational trust for her grandchildren. Thank you in advance.
  6. If the father has sole custody but releases the child into her mothers care does he still have custody no matter the time period.
  7. If the father has sole custody but releases the child into her mothers care does he still have custody no matter the time period.
  8. Hello I have some questions regarding Tennessee statute of limitations. I have a friend who had got into some trouble in TN, in 2013, 2014 all misdaemenors. DUI 2nd and about 6 other I can’t recall. So in TN since it’s been so long do they drop this even though they haven’t convicted him And he hasint been in the state as far as I know since 2014, Too scared to go back. Is TN good about signing state bans where they drop all charges if you stay out of the state for a certain amount of time or if not forever. Any ways guys any bit of information is completely appreciated thanks. Or after this long should they be history. I’m not sure thanks guys.
  9. I parked my car on a Friday night in a parking spot that was not reserved when I parked there. On Saturday morning the maintenance team painted the reservation in the spot which had obviously been reserved by another tenant, but had not yet been marked/labeled. WHILE MY CAR WAS STILL IN THE SPOT! Two hours later the tow company pulled my car. I was sleeping from having worked the night before and was not aware this was happening. I have not yet addressed the leasing office, but I wanted to post here to see what my legal rights are. Can anyone offer guidance?
  10. Hello, Recently, a friend of mine got caught buying 34 hydrocodone pills. She has a very bad back and was at a time, prescribed these kind of meds which led her to become an addict and take such a drastic measure. She has never been in trouble with the law other than speeding tickets. She is a good woman that has lost her way in this awful addiction. They gave her a misdemeanor citation and has a court date on the 26 of this month. She is TERRIFIED they will send her to jail! She has 3 babies at home! She WILL DO what ever it takes to avoid going to jail. Help PLEEEASE!!!!!
  11. My mother passed away four days ago and I believe that her family will hide what she has willed me to have. What should i do?
  12. My question revolves around what happens after someone skips out on probation. But, of course, I need to give an appropriate back story so that I can get an accurate answer. This person was released from prison in March 2017. The reason he was in prison to begin with was a violation of probation, so he was serving time on an original sentence from 2009. He had a few charges in-between, that ran concurrently so basically this last time he was released, he had finally "flattened" his original sentence. (That he kept violating) {the original crime occurred in 2009, which resulted in a "sentence" of 7ish years of probation, which he violated repeatedly and received additional charges on as well} After everything was said and done, he had and additional 11/29 probation to complete after being released. This was from a misdemeanor charge of assaulting an officer while in prison. So, here we are in October 2017. This person went to his first probation appointment, (back in MARCH) was drug tested, and failed. Miserably. For cocaine, marijuana and methamphetamines. She (the probation officer) didn't arrest him on the spot, which I found odd. He definitely had phone communication with the officer thereafter, and called to beg for another chance, but was too afraid to go back to the next appointment and face her. She told him not to even worry about coming back to see her because she was processing his violation. She even told him what his bond would be. So, in his eyes (and mine) he had an active warrant out for his arrest. Of course, he did not turn himself in or anything like that. He carried on as always. And, he was served papers to appear and child support court... and actually went. Shockingly. But, he thought he would be arrested and was not. He said he asked his attorney and that no one ever violated his probation... according to him, there is no active warrant for his arrest. I want ant to know WHY. I'm 100% positive he had that probation, I read all the paperwork, I know for a fact he was put on 11 months 29 days probation that he was supposed to complete plus 150 community service hours as well. This person's original problem is that he is a drug user, which has resulted in multiple theft charges, etc. He does have the one misdemeanor assault charge, but his felonies are all regarding theft. Other charges include driving without a license, among others. He is a deeply addicted person. One of the worst addicts I've ever known. This is why he's had every criminal charge he's ever had. I don't really want to include this info, but I'm going to anyway. This person is very dangerous, is abusive towards family members, and s serious meth/crack user. He lives in close proximity to me and I've just been waiting for him to get caught up and go to jail. He's an idiot and I just figured he'd get caught sooner than later. WHY doesn't he have a warrant? From everything I've ever known about probation, it must be completed. It doesn't just disappear. Also- this IS occurring over multiple counties within close proximity to one another. How has this violation fallen thru the cracks?! Another quick, relevant, story. Years ago, (WHILE ON THE RUN) in the middle of all this, he was picked up while eating out at a restaurant. Cops came in and tackled him. (I guess someone ratted him out) the charge was separate, new, just a few months old, for leaving the scene of an accident. He was able to be bonded out of jail without (the police) ever seeing that he had other charges and was wanted another counties. (Like, the NEXT county over) obviously, all of the charges caught up with him because he did and back end up in prison. But at the time, I was shocked he was able to make bond, and that the PD couldn't see he was wanted. It's all occurred in the same state. TENNESSEE. Any info would be greatly appreciated.
  13. I bought a car from someone and they got the title in the mail from the bank after I paid it off. He then left with the car. I can't afford a lawyer what do I do
  14. In 2014, I made an on-line purchase of software. It was last year's version and I purchased it through an on-line retailer. I have the receipt and paid about 1/3 of the new price for the software. As it turns out, the retailer that I purchased from was not authorized to sell it. Over a year after the purchase, I was contact by an attorney accusing me of copyright infringement. Basically, they say that I purchased stolen software. I have offered to return the software. Have made no money from its use. Indeed, I have only used it 2 or 3 times and only minimal applications, at that. Now they want me to pay full price for the product and are refusing my offer to return it to them. What are my options?
  15. I was sitting at a red light for about 5-6 seconds when a car hit the back of my vehicle rather hard. Both of our vehicles were messed up pretty badly. I did NOT have insurance at the time because I had not had the vehicle but for a couple of weeks. I know I should have had insurance and now I am not sure where to go from here. The officer on scene wrote me a citation for FMFR. I am not driving this vehicle anymore as the back end is smashed into my tires. The other driver did have insurance but at this point since I was not injured (luckily), I am more concerned about my driver's license and what to do. I have not obtained insurance on the smashed car because I do not drive it and I do have another vehicle now but my questions are: - Do I need to get insurance on the now wrecked car or just pay the fine for it? Will it even help at this point? - If the police report finds the other party at fault can he still sue me for damages done to his car or himself? (still waiting on the police report) - In Tennessee is this an immediate grounds for license suspension? - Do I even have a case for the other party's insurance to pay for the damages done if I was uninsured?
  16. I'm a RN who works for a hospital that outsourced all of their leaves of absence claims to be processed by a third party, Sedgwick. I was approved for a six week leave of absence due to a medical condition by Sedgwick, but denied disability pay by the same company using the exact same paperwork my doctor completed. I contacted Sedgwick and was told I had to file a formal appeal (which took me three days to gather information) and then I was told that their department requires a peer review and insisted on speaking with my doctor in order to reverse the denial. My doctor refused to speak with Sedgwick. My only recourse, per Sedgwick is litigation. I incurred several thousands of dollars in debt while on my leave and now I have to find an attorney to take sue my employer. I'm completely astonished and disheartened that neither Sedgwick nor my employer is willing to approve my claim without talking with my doctor (who, again refuses to talk to him...which is his right to decline). I'm hoping someone on here can refer me to an attorney who specializes in this kind of claim to help me get justice and the funds I deserve. Any help would be greatly appreciated.
  17. Ok, so let me start this out by saying I am not arguing the fact that I owe the past due rent. Alright, here is the deal. We live in Tennessee, My wife and I were renting a house with the hopes of buying it within the year if we could get our credit and the money up. That did not happen in the first year because I was working on a 10-99 instead of a w-2. I switched to a w-2 job after being denied the first year and the landlord said it was fine but they really wanted to sell the house. We did not renew a 1 year lease agreement and went to a verbal month to month agreement. In Feb. of this year we were pre-approved for the loan to buy the house. We dealt with Quicken Loans and jumped through every firey hoop they had for us to jump through. After 4 months of hoop jumping we were told that because the money for down payment and appraisal was not "verified and seasoned" that they could not do the loan for at least 90 days. As soon as they told us that I relayed the message to the landlord because we have both been waiting 4 months to get going on the sale. The landlord told me that they wanted to paint and do some repairs before they listed it for sale and that since we couldn't get the loan we had to move out, and since she couldn't make us move in a week she would give us 30 days to vacate. There were no official "eviction" papers served to us just a hand written certified letter she wrote at home and paid to have mailed to us. We vacated within the allotted time but it took every cash dollar I had to find a suitable place for me my wife and 1 year old son, and I wasn't able to pay her the last months rent on time. She has since threatened to take us to small claims court over the $450. I have offered to make payments every week of at least $50 or more if i could afford it. She has refused (2) $100 money orders and will not accept anything less than the full amount, and has threatened to call the police on me for harassing her with partial payments if I bring another partial payment to her and "waste her time". I am not sure what to do here, any advice or laws anyone could point me in would be great thanks.
  18. My kids dad passed in February of 2017 and my kids lived with him and me we had joint custody. So I cleaned his apartment out by the end of march 2017 and had moved to my mothers until I could find a place . Do I found a job that payed cash to work out of town hauling cars for different people and school was still going on til may2017 I agreed to let my two girls to stay at my moms with my oldest daughter and my mom while I worked . And I was ready to get them and our on place when school was out and they said no I couldn't see them. I kept trying to see them as I continued to work out of town and every time I was in they was gone. So in August I find out my sister went and filed temporary custody of my kids in may of 2017 and had court date on July 5th and I was not nofied of the court day because she gave them the wrong address to serve me my papers so they had court on July 5 th and gave her temporary custody of my kids but she didn't come get them at my moms til the end of July saying she had temporary custody cause she had to make sure she was gonna draw their disability checks from Their deceased father first then she went and got them. I'm asking for help on what to do to get my kids back before the next court date which isn't til October. Can someone give me some advice.
  19. Hello. My question is, Is it illegal for a partner who is part of a partnership to have the money from the business go into a personal account that the other partner doesn't have access to? Isn't this considered "breach of contract?" And where can I get proof to support this?
  20. My Grandmother passed in Oct. 2016. Approximately 3 months later I received a copy of her estate naming me as one of 3 majority beneficiaries or heir at law. Originally it was my father but he passed. then it went to my getting 2/3 rds of his share and my mother the other 1/3rd. Then my mother passed and her share is to be split 4 ways between myself, my daughter, My half sister and her son. The other 2 majority beneficiaries or heir at law are my aunt and uncle who are also co executors. In the estate we are to divide the sale of her house. However, My aunt, another beneficiary had moved into the home prior to care for my Grandmother and is allowed to live in the home for up to 60 months before it has to be sold. We are all in agreement with this. I talked to my aunt when I got the estate papers to make sure I didnt have any unknown responsibilities. During which she expressed she would not be staying passed 12 months due to her financial situation she can not afford the upkeep of the home. I talk to my aunt every week and the home has not been put on the market yet. Yesterday my half sister ( a small beneficiary heir at law) received a receipt, wavier, and release. She warned me if I got one to not sign until we got some clarification being that I hold a larger share. Today I got mine in the mail. I looked it up and it is very very basic one page Receipt, Waiver, and Release. I understand that a lot of times they send these out when an estate is in escrow and once they are signed and returned the estate is disbursed. But, isnt this really too soon seeing the house has not been sold? Im not sure what I should do? Im not sure how much information is needed for advice in this situation, if more is needed I can try to oblige
  21. My aunts husband of 30 years recently passed and left her a living trust of the house they lived in. She is in a dementia facility and me an my cousin are her POA's . Neither of them had children.. We found out that all the joint bank accounts are now hers and that is what she will have to pay her bills for her staying at the assisted living facility . I have so many questions but mainly I was wondering does he have a right to get a percentage of the estate since they were married for 30 years ? Also can the executor sell the house and acreage before she passes away since she is in this facility? Thanks in advance for you feedback
  22. Is there a time limit for a Credit card company to garnish wages. Judgement 9 years ago and they took money from bank account , then they released account after a year or so. Now many years later with no further correspondence they garnish wages. I have received many pre approved offers for their cards (Discover) Clueless of what to do. ..
  23. 1. I understand that a close held corporation (100% owned Sub S Corp.) is considered self-employed for child support calculations but I cant find that written down anywhere. Is there a general set of parameters that determines if someone fits the self-employed category? 2. I also understand the deduction of depreciation for self-employed income is not allowed in most cases. How can I find the cases where this deduction was allowed in Tennessee? First question is most important and thanks for any documented information on these subjects.
  24. When there is an old will that a deceased relative has, what happens when two of the four beneficiaries are deceased? Neither of them were married or had children. The will was written in 1987 ?