TIME IS NOT ON YOUR SIDE: VOID OR VOID-ISH JUDGMENTS
Wednesday, December 6th, 2017
Waller on Judgment Collection A void judgment binds no one, except sometimes. The Court of Appeals recently addressed the effect a void judgment has on a party who knows the judgment exists, but doesn’t act quickly to challenge it. A Virginia woman lost custody of her children when she went to jail in […]
Read More »HOW MANY DAYS IS ‘A COUPLE OF WEEKS’? TENNESSEE COURT REVEALS ANSWER
Wednesday, September 20th, 2017
How long do people intend when they say “a couple of weeks”? It’s a common phrase that is often said in casual conversation. Most people know that “a couple of weeks” is slang for a time period that is more than one week but too short to be measured in months. The exact meaning of […]
Read More »Stone & Hinds Attorneys Author Article on Construction Law
Monday, September 11th, 2017
http://cityviewmag.com/2017_04/mobile/index.html#p=97 Stone & Hinds Attorneys Jason Legg and David Lipsey authored an article on Construction Law that appeared in the July/August issue of Knoxville’s local magazine Cityview. This was the yearly “Top Attorneys” issue. Stone & Hinds attorneys regularly appear in Cityview as top attorneys in Knoxville.
Read More »HOMEOWNERS ASSOCIATIONS: THE DETAILS ARE IMPORTANT
Friday, August 25th, 2017
A recent court of appeals opinion serves as a wake-up call to homeowners associations that may be operating too informally. If the HOA is a corporation, it has to act like a corporation, or its actions may be void. Germantown Manor consists of 29 lots, 14 of which were still owned by the original developer. […]
Read More »EXTENDING OLD JUDGMENTS: TIMING IS CRUCIAL
Friday, July 28th, 2017
Waller on Judgment Collection The Court of Appeals has confirmed that the deadline to file a motion to extend the life of an old judgment is ten years from the date the judgment was entered. In Town & County Jewelers, Inc. v. Trotter, the Court ruled that the judgment creditor (usually the plaintiff) waited too […]
Read More »FEDERAL RESERVE BANK REPORT SUGGESTS THAT DEBT COLLECTION RESTRICTIONS NEGATIVELY IMPACT AVAILABLE CREDIT
Thursday, June 1st, 2017
The Federal Reserve Bank of New York recently released its report Access to Credit and Financial Health: Evaluating the Impact of Debt Collection. The report analyzes the impact state debt collection laws have on consumers’ access to credit. The report suggests that restricting collection activities leads to a decrease in access to credit and to […]
Read More »SUPREME COURT RULES IN FAVOR OF DEBT COLLECTOR ON CONTENTIOUS TIME-BARRED PROOF OF CLAIM ISSUE
Monday, May 15th, 2017
The United States Supreme Court ruled in favor of Midland Funding LLC, a debt buyer and debt collector, in a case determining whether filing a stale claim in a bankruptcy proceeding violates the Fair Debt Collection Practices Act. Midland purchases defaulted debts from creditors and tries to collect them. When a debtor files a Chapter […]
Read More »Divorce Settlement Survives Death
Wednesday, March 15th, 2017
The Tennessee Court of Appeals recently tackled a common post-divorce problem: what happens when one spouse doesn’t sign that quit-claim deed they promised to sign? If a divorce involves the transfer of real estate, it is crucial that the spouse giving up their interest in the property sign a quit-claim deed and record it at […]
Read More »Buyer Changes Payment Due Date By Repeatedly Sending Late Payments
Tuesday, February 7th, 2017
The Tennessee Court of Appeals recently ruled that a buyer in an installment sale contract had changed the due date for his payments by repeatedly sending late payments. Buyer signed a contract to purchase a gas station. He agreed to pay for the gas station in installments, with payment due on the first of each […]
Read More »Tennessee Supreme Court Upholds Termination of Tenured Teacher
Thursday, January 26th, 2017
Recently, Tennessee’s Supreme Court upheld a school’s termination of a tenured teacher. The teacher was terminated for low teaching skill and failure to control her classes. Tennessee law provides that tenured teachers are entitled to a hearing (essentially a trial) before their local school board within 30 days of termination. In this case, the hearing […]
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