Tag Archives: Davidson County Tennessee

Orders of Protection

An Order of Protection is a civil action but it can have criminal repercussions if violated.  Orders of Protection can be issued between those persons who have lived together, had sex, are related, had dated or other such close relationship.  Orders of Protection can be issued when there is a real or immediate threat of harm to the complainant’s person or property.

Typical examples justifying the issuance of an Order of Protection are threats to burn the complainant’s car, threats of physical violence – especially when there is a history of domestic violence, actual physical violence, and threats against the complainant’s children and or pets.

Orders of Protection may be issued in one of two ways.  First, the complainant (the Petitioner), completes a form requesting an Order of Protection and submits it under oath to the magistrate.  If the magistrate finds probable cause, an ex parte Temporary Order of Protection is issued.  This temporary order lasts usually for no more than fifteen days.  The order becomes effective when the other party (the Respondent) is notified of the order by the Sheriff’s Office.  During this time, the Respondent must not contact the Petitioner either directly or indirectly through others and must stay away from the Petitioner.  If the parties were sharing a home, the Respondent may contact the police department to arrange for a time to collect her or his personal belongings from the home.  A formal hearing is scheduled and both parties may attend to present their side of what occurred between the parties.  A judge then decides to extend the Order of Protection or to dismiss it.

If at any time while the Order of Protection is in effect and is violated by the Respondent, the Respondent is subject to immediate arrest.

An Order of Protection may also be issued when both parties appear before a judge or magistrate. For non-married parties, this starts at the General Sessions Court level.  This is typically to establish whether by preponderance of the evidence the Petitioner can prove that the Respondent has done something that would merit the issuance of the Order of Protection.

If you believe you need an Order of Protection, please do not hesitate to act.  Your safety is paramount.

The Rushton Law Firm, PLLC offers both Orders of Protection prosecution and defense services.  Please contact us today to learn more about our services and how we can assist you in prosecuting an Order of Protection or defending yourself from a wrongfully issued Order of Protection.

To view an Order of Protection application, please click this link.

https://www.tncourts.gov/programs/self-help-center/forms/order-protection-forms

 

Leave a Comment

Filed under Family Law, grounds for divorce, Litigation

Collecting Your Judgment

Congratulations on winning a judgment against your Defendant! Even in the glow of your victory, take note that winning a judgment doesn’t automatically mean you get a check. Getting the judgment, no matter how much work you or your attorney put into getting it, can be the first step to getting paid, or what is referred to as a “satisfaction” of the judgment.

If your Defendant pays immediately, great! The payment is made to the Court Clerk and then the funds are forwarded to you. The judgment is then deemed satisfied.money gavel

But what happens when the Defendant doesn’t pay the judgment?

Note, even though there is expense and time involved, you can pursue satisfaction through judgment collection. The Court may or may not grant you a judgment increase to cover your collection costs. Thus you must decide how far you are willing to go to collect your judgment. Depending on the size of the judgment, the size of the reward (the judgment) is worth the extra effort to collect.

An initial step towards satisfaction is garnishing the Judgment Debtor’s wages. In Tennessee, employers are required to garnish the Debtor’s wages or be responsible for the payment of the debt. A percentage of the Debtor’s wages is collected until the judgment debt is paid in full. It takes a while, but eventually, you will be paid in full – so long as they remain employed with that employer.

What if your Judgment Debtor is self-employed? You can still collect on your judgment but it will likely take more time and expense. Your Tennessee judgment will last ten years and can be revived to last even longer – so you’ve got time if you have the patience.

First, you need to do some reconnaissance and maybe post-judgment hearings to determine what property your Judgment Debtor owns. Maybe he owns real property and personal property like cars, A.T.V.s, motorcycles, a truck, video game, three large screen televisions and more.

Second, if the Judgment Debtor still refuses to pay, the County Sheriff can seize the personal property and sell it at auction to satisfy the judgment. If the proceeds are not enough to pay the judgment, a lien can be placed on the real property. That lien (the judgment) must be satisfied first or at the time of closing before the property can be sold. Ultimately, this means you finally get your money!

You may have a Judgment Debtor who is “judgment proof”. This means essentially they do not have an employer from whom you can seek garnishment and don’t have any real or personal property of value. If so, this may mean your judgment may be difficult to collect and will require a lot of patience.

So, while getting your judgment is the first step towards adding to your bank account and the process can take time, ultimately you can receive satisfaction in more ways than one!

Leave a Comment

Filed under Litigation

Collecting the Erin Andrews Judgment.

Erin Andrews got her judgment.  Now what? Often, getting the judgment is just the first step. Collecting the judgment is the real work. The below link is a great article to give you a quick overview of the collection issues represented in Ms. Andrew’s case.

A judgment has a 10-year life span in Tennessee and can be renewed indefinitely.  And that is good news because this could take a while.  There is still the possibility of appeal to reduce the judgment.  Even so, if the judgment stands and is recorded, Ms. Andrews has at least 40 more years (four judgment renewals) before the Judgment debtor Defendant  property could revert to Vanderbilt. If the judgment is kept alive, and something tells me it will be, it will be an encumbrance on the land until it is paid.  Ms. Andrews could be in for a long wait.  Perhaps her Attorneys who will finally get to deliver the big check to her may or may not yet be in elementary school.

Then again, as the author points out, this hotel is in a prime location.  With the speed of construction/renewal/growth/redevelopment Nashville enjoys, there could be a fairly quick turnover and a speedy payment….. with perhaps twenty new townhomes squeezed into the footprint the hotel currently occupies or maybe a new commercial tower to rival the batman building downtown.  Either way, Nashville’s growth could increase both its own and Ms. Andrew’s economy.

Erin Andrews Judgment May Not be Easy to Collect Against Hotel Defendants

Leave a Comment

Filed under Litigation