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theblackavenger

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  1. What the legal principal to use if your HOA is ignoring deadly trees. We have been seeking co operation for 3 years. Now a tree guy said the trees are deadly. Thanks
  2. Is a injunction to compel an HOA to repair and/or remove dangerous trees, my best bet. I have contacted for the last several months....nothing.
  3. thank you for your response. I realize I will have to sue, my question is regarding the legality of using a satisfied judgement lien as collateral for future owed monies. This is what they claim. It seems to me that they can not. Am I right? Would they not have to sue again if future monies were owed. Or can they just use the lien from a satisfied judgement in perpetuity.
  4. Hello, I live in Nashville TN> Our HOA was awarded a defualt judgement and it was satified. They are refusing to release the lien becuase of current or future fee's we may incur. Where is the due process. Can they keep a lien on a satified judgement for fee's that may or may not happen in the future? Thanks
  5. I live in town homes that are in an association but managed by a 3rd party company in Nashville TN. All association fees are up to date. The property is and has been mismanaged and is now becoming a dangerous situation. The trees have not been touched in 10 years and there is serious heavy dead branches 30-40 foot in the air. I have a baby on the way as well as a child and other kids live around this complex. I want to sue them in small claims court to repair the trees as well as legal fees and punitive damages. I understand the legal principle would be to sue for gross negligence or breech of contract. Is there something better? a juicier cooler legal principle other than that like their negligence unable s us to have the quiet enjoyment of our dwelling or something? As far as compensatory and punitive damages....what do you think we need in terms of an argument to make the case that we were damaged and deserve to be awarded such damages? Thanks:)
  6. In tennessee what motion i.e, is it a motion to unseal? do I use when new evidence has come to light that strongly supports unsealing a material fact of the case. It is in circuit court. Thank you all!!
  7. If an executive (i.e. Executive for Sony Music) uses a company email to perpetrate fraud in a matter of personal business unrelated to Sony Music, can Sony Music be named in a lawsuit against the executive who used the company email? Note: Sony Music is just an example.
  8. In the state of TN, if an Agent is under contract with a Principal, and enters into an agreement that is within her power to do so under the contract she signed with the Principal, would the Agent be liable for the agreement she entered into or the Principal, who under the scope of his powers approved the terms of the agreement in litigation? Who is liable the Principal or the Agent?
  9. Is it appropriate, if a case is pending in the 6th Circuit Court of Tennessee, and a pre-trial mediation has already been set up, for the Defense to file a Detainer Warrant in General Sessions Court? Or should he have stuck with the 6th Circuit? Doesn't this fall along the lines of General Exclusive Jurisdiction?
  10. In Tennessee, will D.A.'s even prosecute perjury that occurred in a pending civil case?
  11. If a Plaintiff can prove, thru affidavit and answers to a motion, that the Defendant perjured himself, what kind of motion, be it contempt or whatever, can the Plaintiff file? I must say, that the judge in the 6th Circuit in TN, did not seem too interested in the perjury charges, based on oral arguments of the motion. How do I get him interested now?
  12. Can I use testimony and Affidavit from a sealed TRO motion hearing. I am the Plaintiff in the 6th circut court of TN. We have a hearing in general sessions court where I am the Defendant. Question; can I and if I do will it #### off the Judge. I like the circuit judge but need these affidavit on the record as they are at the heart of the case HELP The Black Avenger
  13. The avidavit in question were sealed after a motion for a TRO and a motion by the Plaintiffs for a Temp. Injuntion. were heard in TN> circut court. The question really is< can I re-introduce them in another venue ie an appelet court or general sessions where we are headed for a hearing in the same matter...this time as the Defendents. I WANT THIS STUFF IN THE RECORD> Will I #### off my Circut Judge if I use them again in front of another Judge. And, can I do it. I like this Judge...Don't love him but like.....I appreciate your thoughts. Thanks The Black Avenger
  14. Quick question, but first a little background... We were just in court as the Plaintiffs and now were are going back in a few days as Defendants to a matter pertaining to the case, but not the actual case. There was an affidavit from the defense in the first case that was of valuable use to us. Now, we being the defense, can we use the same affidavit from the other side in our answer to this new case? So, I guess to make it simple, can the same affidavit be used in two separate cases? Seeing as the cases are related? Thanx!
  15. We recently "closed" on a piece of property for our business, and now we may have some conflicts. I put "closed" in quotes, because we put $15,000 down to close on the deal, but immediately after we were told we could not change certain things to our liking (putting in a garden, redoing driveway, etc) because the landlord's mother did not want that. He also claimed that the area was zoned for business, when we checked with the Metro Planning Commission we found that this area is NOT zoned for business. He was supposed to fix the A/C unit, because of it being old and dilapidated, but did not, so we had to and payed for it out of our pocket. Also, we had the water shut off here, because he did not pay the bill, as we were paying him directly for it until we had it changed to our name. All of this in addition to many other things. Please advise as to the best course of action in getting out of the contract.
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