Beyond the Bankruptcy Options

Chattanooga Attorney

It has been written many times in this blog and the main web site of Purple Law Firm, that bankruptcy is the best debt relief option for most people in most situations.  However, it has also been explained that in order to file bankruptcy, chapter 7 or chapter 13, you must qualify and meet other requirements.  And of course if you have filed Chapter 7 in the last 8 years you can not file again until after the eight years passes.  So are there effective debt relief solutions outside of bankruptcy? Are there ways to reduce your overall debt, the total money you owe to creditors, and still maintain your living expenses? Or maybe to just take care of the delinquencies?

What kind of Debt Relief works?

The answer to this question depends heavily on the type of debt issue you are experiencing.  For instance is it credit card debt that is just too high, or has a creditor actually filed a lawsuit.  If it is the latter,hen you really need the assistance of an experienced debt relief attorney.  Sometimes a lawyer can get the lawsuit dismissed by utilizing the fair debt collection act, or by raising a statute of limitation defense.  Other times the attorney can achieve debt relief by stopping a wage garnishment or bank levy and helping you develop a payment plan – known as slow pay.  While there are other debt relief options such as debt consolidation plans, those listed here are usually the most effective.

Foreclosure Options

If the debt problem you are facing is foreclosure,and bankruptcy is not an option then there are a few other potential solutions.  One of course is a foreclosure defense which directly challenges the creditor’s right to foreclose – a lot of media attention on this issue lately.  Another option, if you are not wanting to save your home, is to negotiate a surrender or short sale of the home. You may even be able to negotiate a surrender and a lease of your home so that you don’t have to move.

Of course there are many different solutions to debt relief, some of which are legitimate options, but some of them are little more than scams.  The best solution should be arrived at trough legal consultation with an attorney at law experienced in debt solutions. Don’t go it alone, that’s probably what helped get you in this situation, get legal advice and attorney assistance to help you get out of the debt nightmare.

Chattanooga attorney Jim Purple has been practicing law for thirty (30) years and is experienced in providing debt relief solutions for people like you.  Call (423-899-0131) or email today for a consultation appointment and begin the recovery from debt problems through bankruptcy or other debt relief options.

Related posts:

1. Debt Relief through Bankruptcy
2. Chapter 7 Bankruptcy : Exceptions to discharge of Debt
3. Bank of America (BofA) Financial Woes – Is bankruptcy in the future?

What is a Lawsuit

When you get behind on your bills, medical bills, credit cards, other loans, etc, first comes the collection letters and phone calls, then the civil lawsuits. A civil lawsuit is a court action which seeks a judgment for damages – the past due balance- interest, attorney fees, court costs, etc.  A sheriff’s deputy knocks on your door or shows up at you job and serves you with a civil warrant or civil summons.  Now you have to go to court, and face garnishment or levy of your bank account after a judgment is entered by the court, which will usually happen.  How do you stop this endless cycle?

Does bankruptcy stop a civil lawsuit and the collection process?

Stop Collections and Lawsuits

A civil lawsuit is the culmination of the collection process and like all other collection activity, upon the filing of a bankruptcy petition for either chapter 7 or chapter 13, the automatic stay prevents the continuation of a civil lawsuit or enforcement of a civil judgment.  In certain cases, such as an allegation of fraud, or a domestic relations related lawsuit, the creditor may file a motion in the bankruptcy court and move the court to lift the bankruptcy automatic stay.  If the automatic stay is lifted the civil suit continues in state court, then will usually return the the bankruptcy court after disposition – the entry of a judgment.  In a chapter 7 the question of dischargeablility of the debt  will arise, in a chapter 13 the judgment debt will be added in to the chapter 13 plan.

 File Bankruptcy Before Entry of a Judgment

While it is true the bankruptcy will halt the collection process, including judicial proceedings, it is best to file for bankruptcy prior to the entry of a judgment, especially if you own real property.  In Tennessee, a judgment creditor may file a certified copy of a civil court judgment in the Office of the Register of Deeds, and a perfected secured lien is created upon any real property that the debtor owns.  Once a perfected security lien is created then it usually can not be discharged in bankruptcy, without surrendering the secured asset- your real property.

Bankruptcy Attorney

If you have been served with civil process – a General Sessions Warrant or a Civil Summons – speak to a bankruptcy lawyer before the case is set to go to court.  Contact Purple Law Firm in Chattanooga, Tennessee, to get the legal advice you need, develop a plan of action that works for you, and learn more about filing bankruptcy – what happens to lawsuits.

Related posts:

1. The Automatic Stay in Bankruptcy
2. Court for Bankruptcy the Meeting of Creditors
3. Means Test in Chapter 7 and Chapter 13 Bankruptcy

Law Prohibits Creditors from Collecting Debt

When a person files bankruptcy either chapter 7 or chapter 13, upon completion of the case, all debts are discharged, erased, wiped out forever.  This is called an order of discharge. Under federal bankruptcy law no creditor that has been discharged can do anything to collect a debt, the creditors are even prohibited from contacting the debtor in anyway related to the debt.  The creditors are also prohibited from filing lawsuits, turning the discharged debt over to collection agencies, and placing further bad marks on the debtor’s credit report.

Exceptions to Prohibition After Bankruptcy Discharge

Now there are some very narrow exceptions to this rule.  Such as a surrendered home or other real property.  Often times the creditor has to proceed to foreclosure in order to wipe out other debts related to the house- i.e. mechanics liens, tax liens, etc.  In such a case the creditor is required by federal law to send notices to the debtor regarding the progress of the foreclosure.  However, the creditor is not allowed to attempt to collect the debt from the discharged debtor through the foreclosure process – only provide required notices.  Most creditors will put disclaimer language within the notices that advise the debtor that if he or she has filed bankruptcy this is not an attempt to collect a debt.

Violations of Bankruptcy Discharge Injunction – The Remedy

There are times when a creditor does not play fair and violates the discharge injunction set out in the bankruptcy code.  When this happens, the creditor needs to be taken before the bankruptcy court for sanctions.  Unfortunately the United States Congress did not provide a private cause of action for violations of the discharge injunction.  An offended bankruptcy debtor  can not sue the creditor in US District or State Court, such a violation must be handled through the contempt of court or sanction process.  The court may order reimbursement of the debtor’s expenses, like attorney fess, and may order the creditor to pay a “fine” into the hands of the Court Clerk.  Although a private cause of action would provide even more strength to a debtor’s case, typically the threat of contempt of court or sanctions is enough to stop a creditor from continuing to violate the law.  But, there are times when a creditor fails to heed the warning and continue to utilize bad collection practices in violation of the bankruptcy discharge injunction.  At Purple Law Firm we have actually seen this happen with a creditor which has resulted in the filing of  five (5) motions for sanctions for violation of the discharge in junction – this is a rare situation.

If you have completed bankruptcy and have been discharged report any collection activity from the involved creditors to a bankruptcy attorney.  The lawyer will review the situation and determine if sanctions should be pursued for the creditor’s violation of the discharge injunction.

Related posts:

1. Chapter 7 Bankruptcy : Exceptions to discharge of Debt
2. Court for Bankruptcy the Meeting of Creditors
3. Divorce and Bankruptcy : Consider carefully when divorcing if you need bankruptcy.

Tennessee General Power of Attorney and the Hazards

In Tennessee. a Durable General Power of Attorney is a very powerful legal document that appoints a person or persons to act on your behalf in any matter.  The “Attorney-in-Fact” can do anything that you can do, including buy, sell or mortgage property, open or close financial accounts, write checks, etc.  A power of attorney grants awesome authority to the attorney-in-fact and should be used with extreme caution.

In a recent estate case which was tried in the Chancery Court of Washington County, Tennessee, the Chancellor stated:

[T]his is the worst estate and power of attorney case I’ve seen come through my court. I’ve been on the bench now about twenty-one years and I have seen some real messes so far as operating an estate account, but I have never seen any that are in this bad a shape.

According to the Tennessee Court of Appeals decision in the case of In Re: Estate of Viola B. Copas : In August 1997,  Viola Copas (“Mother”) and her husband, Clyde Copas (“Father”) executed unrestricted powers of attorney appointing their son, RC, who was one of their three (3) children, as attorney-in-fact. Father subsequently passed away in October 1998.  The Mother died in July, 2005. Shortly after the mother’s death the son, RC, was appointed as the Personal Representative of her estate. RC’s siblings filed suit to have him removed as Personal Representative of the decedent’s probate estate and a separate suit seeking money damages for misappropriation of funds while he was acting as attorney-in-fact and the executor of the estate.

The trial court found that:

The Court finds he’s a thief. The total of [Siblings’] missing money is $863,469.38. I say “missing,” that’s the money that went to [RC] and he admits the he took $709,420.74 from these accounts… The Court notes that [RC]’s use of his power of attorney was abusive and that he used it to profit himself.

In the end the trial court entered a judgment against RC and in favor of Siblings for $2,040,276, plus attorney fees totaling $102,576.36.   The Court of Appeals affirmed the judgement of the trial court.

While this case involves an extreme abuse of a power of attorney for personal gain, it should be kept in mind before you execute a power of attorney, without restrictions, and without caution.  To learn more about a Durable General Power of Attorney, the hazards, and how it can be properly utilized for your benefit speak to an attorney at law  who is experienced in estate planning matters.

Related posts:

1. What is a durable power of attorney?
2. Probate in Tennessee : What does an Executor do?
3. What Is A Trust? Attorneys in Chattanooga, TN

Changes in Tennessee Law Regarding Release on Bail

Criminal Law Attorneys

It has long been held by the law and the courts that when a person is charged with a crime that he or she is entitled to bail – to be released from jail until and pending trial.  In setting the amount of bail the courts must consider several factors including the safety of the public. The courts and the public must keep in mind that bail is not to be used as punishment but is to guarantee the defendant’s appearance in court to answer the charge. Otherwise, the presumption of innocence would be in jeopardy. Often times when the crime charged is a relatively minor offense a person is released on an “own recognizance” or “OR bond“. This simply means that the person is deemed to be trusted to appear in court to answer the charges, and face the criminal process.

Conditions of Pretrial Release from Jail

Along with the amount of bail to be posted (paid), the court also will typically require other conditions upon the pretrial release of a criminal defendant. Obviously, if a person is released on bail or an OR bond then it is in the public’s interest that this person not commit any other crimes.  In domestic violence case Tennessee law sets many conditions on the defendant including no contact with the alleged victim, or even the requirement to wear a GPS tracking device. In DUI offenses the courts enforce other conditions of release. Other typical conditions of release include a prohibition on the use of alcohol or drugs, and other such restrictions.

Tennessee Law Now Allows Revocation of Bail

Effective January 2012, the Tennessee criminal courts now have the authority  to modify or revoke bail. Tennessee Code Annotated Section 40-11-141(b) provides as follows:

If after the defendant is released upon personal recognizance, an unsecured personal appearance bond, or any other bond approved by the court, the defendant violates a condition of release, is charged with an offense committed during the defendant’s release, or engages in conduct which results in the obstruction of the orderly and expeditious progress of the trial or other proceedings, then the court may revoke and terminate the defendant’s bond and order the defendant held without bail pending trial or without release during trial.

Under the previous Tennessee law, the bail bond could only be modified under certain conditions such as  appeal or the surrender of the defendant by the bail bondsman.  Under the prior law if the defendant committed a new crime while on pretrial release, then the bail for the new crime was either doubled or set at “no bond” which means no release – stay in jail until trial and during trial.

Now Tennessee criminal courts can revoke the bond or modify it if the defendant commits a new crime or violates any of the conditions of release, even if no new criminal charge arises.  To avoid the revocation of bail, comply with the conditions of release, do not commit any further crimes, and seek the advice and counsel of an experienced criminal law attorney.

Related posts:

1. Bail Changes for DUI Offenders in Tennessee
2. Bail Changes in Tennessee: DUI, Vehicular Assault or Homicide
3. Tennessee Domestic Violence Laws – GPS Tracking For Offenders

The attorneys of Purple Law Firm recognize the delicate nature of the issues involved in a prenuptial agreement.  There are many misconceptions about prenuptial agreements and the purposes for entering into such a written contract with your soon to be spouse.  A prenuptial agreement is a contract entered into before marriage which specifies in writing the intentions of the betrothed couple, the individual property of each person after marriage and the conditions relating to joint or marital property.  A prenuptial agreement also dictates the rights of each spouse in the event of marital dissolution by divorce or death.

Why Have a Prenuptial Agreement?

Often people are very reluctant and wary of prenuptial agreements, believing the only reason to enter such a contract is in the event of divorce. No one wants to enter into marriage thinking that it will end in divorce.  From a spiritual and emotional standpoint  marriage is a most sacred union.  From a legal standpoint marriage is a covenant or a contract. You have an offer – marriage proposal, acceptance of the proposal, then the parties mutually pledge to remain together for life.  Oral or written, this is a contract.  Dissolution of marriage by divorce is not the only purpose for a premarital contract, there are many other reasons as well, including estate planning.

Formalize Premarital Agreements into a Written Contract

Many couples not only agree to get married and how they want their wedding and honeymoon, but they also make agreements as to financial arrangements, estate issues (especially if this is a second or subsequent marriage), and other issues.   Think about it for a moment — two people planning to spend their lives together discuss many issues and reach multiple agreements about a wide variety of issues.  Unfortunately, most of the time these agreements are only oral, not written, and kept strictly between the husband and wife – no witnesses. But, what happens in the event of death of one or both spouses?  You have each agreed that the estates are separate, but do your children or other relatives know this?  Maybe your marriage does dissolve by means other than death? Will the promises you made when you got engaged be remembered and enforced?  Speak to a family law estate attorney about this issue and how a prenuptial or premarital agreement can help you.

Prenuptial Agreements are Legally Enforceable Contracts

Maybe you had agreed before you got married how to divide the various properties (what is mine is mine, what is yours is yours, etc.).  A prenuptial agreement simply puts these agreements into a written contract, that is legally enforceable. In the event of death the probate court would be required to uphold the provisions of the prenuptial agreement.  Or if you have done complete estate planning, the Trustee of your Trust or Trusts would be bound to its provisions as well.  A well written attorney prepared prenuptial or ante nuptial (after marriage) agreement will incorporate all of your oral agreements and promises to each other into a written contract, which would simplify resolution of estates upon death or in the unlikely event of marital dissolution by other than death- such as divorce.

Complete Estate Planning with a Living Trust and Prenuptial Agreement

One of the best ways to ensure that separate estates remain separate in a subsequent marriage is to have both a living revocable trust and a prenuptial agreement.  The prenuptial agreement will specify and reinforce the agreement between spouses that their estates shall remain separate, and the revocable trust will allow for the management and distribution of assets upon death.  The trust agreement may also be utilized to provide special benefits to a surviving spouse.  For instance, you  want to allow your surviving spouse to remain in the home until death then sell the home and distribute the proceeds to your children.  This can be accomplished through the use of both a prenuptial agreement and a revocable trust agreement.  There are many possibilities and benefits in estate planning, consult with an estate attorney about your goals.

Chattanooga attorney Jim Purple and Purple Law Firm have been planning estates and writing prenuptial agreements for over 29 years. If you live in the Chattanooga, Hamilton County Tennessee area contact Purple Law Firm.

Related posts:

1. Legal Documents, Contracts, Written Agreements
2. Tennessee Divorce: Is a Mediation Agreement Enforceable?
3. Contract Law : What makes a contract enforceable?

A Trust is a Contract Which Is Utilized for Estate Management

When most people think about the term “estate” the mind conjures up images of an extensive manor home, perhaps a mansion,  and its property.  It would be fair to say that the common belief is that if a person has an estate then that person is wealthy.  In the legal arena the word estate typically means  the whole of one’s possessions – all of the property and debts of a person or a family.  In other words, if you own anything of value, then you have an estate.   It may not be extremely valuable, but it is an estate nonetheless.  In this perspective your estate includes personal property and real property. If you have an estate then you should have a plan of how to deal with and manage your estate given certain life events, such as incapacity or death, or perhaps provision for a disabled child.

What Should Happen With Your Assets When..

Now most people think, at least a little, about who should inherit their property upon death.  Typically it is your surviving spouse and/or children that you desire to have your property after your death.  This of course is not always the case, some people are not married, and have no children, but have other relatives or charities that would be the beneficiaries of an estate.

However, a question that is not commonly thought about, let alone answered, is:  Who should manage my estate when I’m still living but unable to carry on my own financial affairs? This is an important issue to consider.  If you become incapacitated, mentally or physically, or are just plain unable to manage your own financial decisions, and manage your assets, then it would be a great relief to have someone that you choose to take over and manage these matters for you.  This should of course be someone you know and trust, and this person should manage your assets for your benefit.  Now at this point you may be thinking – well of course my child would do this.  But does your child have the legal authority to do so, the tools available and necessary instructions to manage the estate?  Probably not.

Estate Planning Attorney – Helps Make Necessary Decisions and Provides the Legal Means to Accomplish your Goals

This is where an estate planning attorney comes into the picture.  An attorney who is experienced in estate planning will help you make the right decisions about who, what, when, where and how in terms of your estate.  These decisions are not always easy to make alone, and there are usually issues that a non professional will not think about or be able to resolve.  Estate planning involves open and frank discussions about your needs and desires regarding your financial affairs then a plan can be formulated that will meet your goals and cover the contingencies.  Ensuring that in the event of an incapacity that your estate will be managed for your benefit – or for the benefit of you and your spouse.  Then providing for distribution or disposition of your assets upon your death – or the death of both you and your spouse.  An estate plan also must be able to care for other issues like a disabled child, perhaps an errant child or other family issues that could cause a wasting of or otherwise threaten the future of the assets of your estate.

A Revocable Trust Agreement Provides the Best Management of Your Estate

A Last Will and Testament is an authenticated legal document which is in essence your  declaration regarding your desires for post death distribution of your estate. A Will usually must be probated and does nothing to help manage your estate during your lifetime.  A Revocable Trust, sometimes called a Living Trust is a written agreement, a contract, between you and any other party who places property into the trust or has a management role in the Trust Estate.  Because a Trust Agreement is a contract it does not require probate or any other form of court supervision, the ters of the contract are followed by the parties.  If there happens to be a non-performance of  a duty or obligation under the terms of the Trust, then the Trust Agreement would be enforced by the courts like any other contract.

A Trust allows for the provision of estate management during lifetime and after death.  Unlike a Will, a Trust is extremely flexible and can be utilized to care for even the most complex of issues. Perhaps you have a disabled child, but other children who are not disabled.  For example – you want to distribute a share of the estate to the non-disabled children, but keep a share for the disabled child.  A trust agreement can provide for this situation and be written to remain in effect until you, your spouse, and your disabled child are all deceased, then distribute any remainder to the surviving children – or other persons.  Because it is a written contract, you can include many provisions, tailor it to your needs, and provide for multiple contingencies.  Be sure to discuss all of these issues and concerns with an estate planning attorney.

The Trust Holds Ownership and Beneficial Interests in Property and Investments

You may ask how does a Trust manage an estate.  When a Living Trust is created you place the ownership interest or real property, bank accounts, and certain other assets into the Trust.  The Trust actually becomes the owner of the assets – or more specifically the Trustee of trust holds the title r ownership of the property in trust for the benefit of the persons designated in  the Trust agreement.  The trust also hold the beneficial interest of certain assets, like IRS accounts, life insurance policies, etc.  Any proceeds from beneficial assets will pour into the Trust and be used for the benefit of the beneficiaries of the Trust Agreement.   All assets held in Trust must be managed and distributed according to the terms of the Trust agreement, and this is enforced by law.

A Living Trust is Revocable and Amendable

Typically a Living Trust is revocable – able to be cancelled – and amendable – able to be changed- by you and/or any other person placing property in the Trust like your spouse.  This is an important feature of a Trust – it allows you to change your estate plan according to changes in circumstances of you (and your spouse) or of your children or other beneficiaries of the Trust.  However, the ability to revoke or amend the trust usually terminates upon mental incapacity or death whichever occurs at which point the trust becomes irrevocable and unchangeable.

The Parties Involved in Setting Up A Trust and Managing the Trust Estate

Written agreements or contracts involve one or more persons or entities who are parties to the contract and knowingly and willingly agree to the terms and provisions contained within the written instrument.  A Trust Agreement is no different.   A person or persons who creates a Revocable Trust and places property into the Trust are the Settlors of the Trust – sometimes referred to as Grantors.  It is the Settlors’ property and assets that are to be manged by the Trust.  The person, persons or entity that manages the Trust is called the Trustee.  The Trust Agreement itself assigns authority and defines the responsibilities of the Trustee.  Typically in an individual Trust you will serve as your own Trustee, in a Family Trust you and your spouse will serve as Trustees.  In most situations you will want to appoint a Successor-Trustee who will take over the management role as the Trustee upon incapacity, resignation for other reasons or death of the original Trustee(s).   Again, because a Living Revocable Trust can be tailored to your needs and desires you can appoint one Successor-Trustee or have Co-Successor Trustees (two or more persons acting together) .  These are issues that should be carefully examined with your estate planning lawyer.

More than Settlors and Trustees are involved in a Living Trust.  Now that you have placed property and beneficial interests into the Trust, there needs to be a designation of who benefits from these assets, and how.  Those who benefit are called a Beneficiary. If it is your own individual Trust you are the Primary Beneficiary in a family Trust it is you and your spouse.  The Trust is for the benefit of Primary Beneficiaries first and foremost until death.  After the death of all Primary Beneficiaries then there are Secondary Beneficiaries – usually your children- who either benefit from the continuance of the Trust or receive a distribution of assets from the Trust.

Discover How a Revocable Trust can Help You – Speak to An Estate Planning Attorney

Now before you form an opinion about the need for creating a Living Revocable Trust, thinking perhaps that this is for wealthy people – consult with an experienced estate planning attorney.  Anyone who owns real property or has other assets can benefit from a living trust.  In Chattanooga, Tennessee, Attorney Jim Purple Purple Law Firm can help you to create and establish a revocable trust and a complete estate planning package.  As a lawyer, Jim Purple has been planning estates for normal people for over 29 years.  Whether your estate is a small estate or a million dollar+ estate contact the attorneys of Purple Law Firm in Chattanooga, TN who are experienced  lawyers who know what Trust centered estate planning is all about.

Related posts:

1. How is a will different from a trust?
2. How and when to make a will
3. Chattanooga attorneys for those people on the go

Request for Production of Documents in a Civil Lawsuit

Evidence Discovery in Tennessee Civil Law Cases

Attorneys in Chattanooga

In a Tennessee civil lawsuit one of the key pre-trial legal procedures involves written requests for production of documents.  Like interrogatories and a deposition a request to produce documentary evidence is a discovery tool which is provided by the Tennessee Rules of Civil Procedure.  This legal process is used to discover or uncover the documentary evidence that is in the possession or control of your adversary. As with any other legal procedure discovering evidence involves questions of law and issues of legal strategy.  A civil law attorney will prepare a request for production of documents in such a way as to maximize the possibility of effectively obtaining the evidence necessary to prosecute or defend your lawsuit.  When responding to a request for production of documents your lawyer will carefully review the request and direct the responses according to legal principals and strategic considerations.

Discovery of Documents is Liberally Construed in Tennessee

Like most states, Tennessee Rules of Civil Procedure are modeled or based upon the Federal Rules of Civil Procedure and the rules are liberally construed and interpreted to allow for discovery of most any type of information.  The rules permit a request for documents which are likely to lead to the discovery of relevant and admissible evidence. In other words the documents that are requested do not necessarily have to be admissible evidence, but should reasonably be believed to lead to the discovery of other evidence which is relevant and  able to be admitted at trial.  There are exceptions to this generally broad rule of discovery.  Your civil attorney will review any request and determine if such request is legitimately posed for the purpose of leading to discoverable evidence or if perhaps it is intended for an improper purpose like harassment or embarrassment.  If the lawyer believes that a request is not legitimate the attorney will object on legal grounds. Typical grounds for legal based objections include:

• A Request for medical information protected under HIPPA
• A Request for confidential information that is not relevant to the case
• A Request for information that is protected under attorney/client privilege
• A Request for attorney work product – this is a broad term and is often overruled by the court

The Court may compel a response to a request for production of documents

If a request for production of documents is objected to by the attorney then the requesting party may file a motion requesting the court to compel or order a response to the request.  The court will review the request and the objections then decide whether to require a response or not.  Controversies related to requests that involve confidential or sensitive information are often resolved by the issuance of a protective order which allows for the discovery of such information, but explicitly restricts the use and dissemination of such information to the parties, their attorneys and the court.  Documents produced under a protective order will not be made available to the public as a part of the public court file.

Have an Attorney Represent you in any Civil Lawsuit

Any civil lawsuit is serious and involves multiple issues.  Obviously money is at stake, but most people do not realize  that other issues, like your privacy are at issue in a civil legal action.  In order to protect your legal rights you ought to retain an attorney for any lawsuit in which you are a party.  It is the lawyer’s objective to not only defend or prosecute your cause of action, but to also protect you from unwarranted invasions of privacy and to ensure that your legal rights are upheld. Purple Law Firm is located in Chattanooga, Hamilton County, Tennessee and our attorneys are experienced in defending and prosecuting civil legal actions.  If you  are involved in a civil lawsuit contact (Call (423) 899-0131 or email) a Purple Law Firm attorney.  Our staff will answer any questions you may have and will thoroughly explain the civil procedure involved in your lawsuit, including the use of a  request for production of documents.

Related posts:

1. Interrogatories – Use and Purpose in Civil Litigation
2. Deposition: What is it?
3. A Penny Short, Lawsuit Dismissed

Penalties and Punishments for Driving Under the Influence DUI in Tennessee

Chattanooga DUI Attorneys

Driving under the influence of alcohol or drugs DUI is a very serious offense in most states, and Tennessee is no exception.  Obviously the best defense is to not drive an automobile after consuming an excessive amount alcohol or narcotics.  But the reality is  that the Tennessee Highway Patrol makes  3,000 to 5, 000 arrests for DUI offenses in Tennessee each year. The Tennessee Bureau of Investigations reports that in 2010 there were 23,460 adult arrests for driving under the influence in Tennessee.   Tennessee continues to be a very tough state for DUI laws and this makes the defense of drunk driving charges even more difficult.  Adding to the tough anti-DUI laws are court watch groups like Mother Against Drunk Drivers -MADD – which add political pressure upon the judicial system, judges and prosecutors, to ensure that DUI offenders are punished.  This makes the defense of DUI charges a challenge, but not impossible.

Penalties for First Time DUI Offense in Tennessee

The crime of  driving under the influence or DUI in Tennessee is defined by a blood alcohol content (BAC) of .08 % or higher, or any level of illegal narcotics.  There are certain mandatory minimum penalties for first time convictions of DUI in Tennessee and other punishments which vary based upon circumstances and within the discretion of the court including the following:

• 48 hours to 11 months, 29 days of jail for offenders under the age of 21.
• 24 hours to 11 months, 29 days of jail for offenders 21 and over
• .20 BAC or greater minimum jail time 7 consecutive days
• License revocation for 1 year
• You will be ordered to participate in a DUI school
• Pay restitution to any person suffering physical injury or personal loss
• $350-$1,500 Fine
  • With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900.
  • Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55- 10-412d]
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
  • Drug and Alcohol Treatment may be required at the judge’s discretion.

Pre-trial diversion is no longer an available option for DUI offenders in Tennessee. However, probation is still possible within the discretion of the court.

There are even Tougher Penalties for Subsequent (2nd, 3rd, 4th)  DUI Convictions in Tennessee

2nd  DUI Offense Penalties:

• 45 days to 11 months, 29 days of jail
• $600-$3,500 mandatory fine
• License revocation for 2 years/Restricted License available after first year
• Subject to .08 BAC
• Subject to vehicle seizure/forfeiture
• You will be ordered to attend a DUI school
• The judge can order you to install a vehicle Ignition Interlock Device at your expense.
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.
  • Pay restitution to ay person suffering personal injury or loss

• 120 days to 11 months, 29 days in jail
• $1,100 to $10,000 mandatory fines
• License revocation for 3-10 years/NO restricted license available
• Subject to .08 BAC
• Subject to vehicle seizure/forfeit
• DUI school
• Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense.

• Class E Felony
• 1 Year (365) days of jail time with a minimum of 150 consecutive days served
• $3,000 to $15,000 mandatory fine
• License revocation for 5 years/NO restricted license available
• Subject to vehicle seizure/forfeit
• DUI school
• Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

Defense of DUI Charges in Tennessee Requires Expertise and Experience

Ultimately DUI defense in Tennessee is very tough.  However, it is not impossible for an experienced  criminal defense attorney to obtain positive results for a defendant charged with driving under the influence.  The criminal defense strategy for an attorney defending you against DUI charges usually focuses primarily on the police procedures utilized during the stop, field sobriety tests, and blood alcohol and chemical tests used. Even if you have been arrested for DUI and a breathalyzer or other blood test shows that you are legally impaired by alcohol or narcotic drugs, you may not be convicted if the police significantly failed to follow proper procedure.  Keep in mind however that this defense is not an easy task and is not a guarantee to walking away from DUI charges.  Sometimes it is possible to use such failures to negotiate a plea agreement to a lesser charge.

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The defense of DUI charges in Tennessee requires expertise which comes with experience Chattanooga DUI attorney Jim Purple has that experience.

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To most parents their children are the most important part of their lives.  Whether your child is born outside of marriage or within a marital union that ends in divorce, the child custody becomes an issue for you.  Parenting a child with both the mother and father living together under the same roof can be complicated enough, but when the parents live separately it involves several additional issues and decisions.  A determination must be made as to which parent your child will be with and when, which parent has the authority to make educational, medical and other major decisions for the child, and how the child will be financially supported are all part of the legal process of the arrangement for the custody of a child in Tennessee. Sometimes a child custody determination is made by agreement between the parties other times it is adjudicated by the court.  In either instance you should have a family law attorney involved and any child custody arrangements should be formalized by a court order.

Shared Parenting – Joint Custody – is  the Standard in Tennessee

For well over ten (10) years the Tennessee law regarding child custody and the courts in Tennessee have fostered and enforced a standard of shared parenting or joint custody.  Many studies and experience has shown that children are much better served if both parents are significantly involved in the parenting of the child.  Although there may be issues with one parent or the other, the standard is to allow both parents the opportunity to be involved in parenting decisions and to exercise parenting time with the child.  Note that the term “visitation” has been replaced by “parenting time” and  “custody” is now “parenting decisions”.  Except for extreme cases, which will be discussed briefly below, sole child custody is not awarded to one parent with visitation to the other parent.  The parties and/or the court now develop a Permanent Parenting Plan which delineates or specifies the parenting responsibilities of both parents, including joint decision making in health care, education, religious or spiritual matters and other major decisions that must be made for the child.  The parent with whom the child will reside the majority of the time during the year is named as the “Primary Residential Parent” but only to satisfy certain requirements of law such as school zoning, income tax exemptions, etc. The other parent is the “alternate residential parent”.  For more information about shared parenting and your legal rights as a parent speak to a Tennessee child custody lawyer/ family law attorney.

Tennessee Shared Parenting in Reality

Shared parenting does not necessarily mean equal parenting, at least not in terms of residential time with the child.  There are times in which a split (50/50) parenting schedule results from child custody determinations.  In many cases, however, a 50/50 split parenting schedule is not practical for the child or the parents.  In most Tennessee child custody cases the primary parent will spend approximately 285 days per year with the child while the other parent spends the remainder.  The alternate residential parent spends approximately 80 days with the children on an every other weekend basis with time for holidays and summer vacations.  On the surface this arrangement may appear to be a custody/visitation arrangement with better sounding terminology.  However, the emphasis is on joint or shared decision making and equal opportunity to parent the child. In the event that the parents can not agree on a certain parenting matter, then usually the parenting plan will require the parents to attend formal dispute resolution or mediation in order to attempt to resolve the controversy before returning to court.  This is an effort to keep parenting and related issues within the confines of collaboration between the parents, as opposed to a dictate from a court.  However, there are certain issues that may arise in which mediation is not the appropriate remedy- such as child abuse, or drug/alcohol related problems.  If you believe that a change in child custody or parenting arrangements needs to be addressed, seek legal advice and counsel from an attorney experienced in child custody disputes and resolution.

Limitations on Shared Parenting in Tennessee Child Custody Matters

Obviously not all parenting situations are the same, and there are times when either the father or the mother exhibits a lack of parenting skills or has problems which present a negative impact upon the child.  In such cases the courts are tasked with determining if such problems require a limitation on shared parenting.  The legal term is “limiting factors” and range from problems involving child abuse, drug or alcohol dependency, to other issues which may impair the parent’s ability to effectively perform parenting responsibilities. When such limiting factors are present the court will typically employ the least restrictive remedy that protects the child’s safety and welfare, but allows the parent to be involved and spend time with the child.  The remedies available include a shift in parenting decisions in one or all areas exclusive to the unimpaired parent, limiting parenting time, or even supervised parenting time, or court ordered counseling intervention.  In the most severe cases, the court will grant sole custody of the child to the other parent and not allow any parenting or visitation time for the impaired parent, until such time as that parent can demonstrate an ability to appropriately exercise such parenting time or responsibilities.  Limiting factors in child custody determinations involve quite complex legal issues which need the attention of a seasoned professional – a child custody lawyer.

The Process of Making  Child Custody Determinations

The process of child custody determinations is sometimes different in divorce cases as opposed to these involving unmarried parents. The focus in Tennessee is upon agreed child custody or parenting plan arrangements.   In a divorce action, with limited exceptions,  the parents are required to attend mediation in order to attempt to reach agreement on a temporary parenting plan, if this effort fails the court will then enter an order adopting a temporary parenting plan as proposed by one of the parties – both parents may submit a proposed plan for consideration.  Prior to a final divorce trial the parties to divorce action are required to attend mediation in order to attempt to resolve all of the disputes including those surrounding child custody arrangements and child support.  Again the unresolved conflicts will be heard and decided by the court.   In cases involving unmarried parents, the requirement to initially attend mediation  is not always enforced, with the juvenile court often times entering basic child custody orders. If a parent insists upon a mediated parenting plan then the courts will usually make sure that the process is followed.  Keep in mind that Tennessee juvenile courts are overwhelmed with case loads involving dependency and neglect – child abuse- cases, so drawn out litigation is not usually favored.

Child Custody and the Need for an Attorney

Chattanooga Attorney Jim Purple

Issues involving the parenting, decision making and residential schedule for minor children involve many serious matters of law and sometimes dire consequences.  A child custody determination, once made by the court, is very difficult to change or modify.  The emphasis on shared parenting does not mean that the custody arrangements are readily changeable.  The courts in recent years have relaxed some of the more stringent barricades to child custody modifications, but a permanent parenting plan or other child custody order is intended to be permanent.  So it is vitally important the issues, problems and conflicts be resolved in the initial determination of child custody.  This is why you should have an attorney who is experienced in child custody and parenting issues.  Your lawyer will be there to guide the decision making process during any alternate dispute resolution or mediation sessions, advise you as to your legal rights, and the court’s typical reasoning in a given situation, and most importantly to advocate for you and your children.  Contact Purple Law Firm to discuss child custody and the legal process in Tennessee.

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