Can a Credit Card Garnish My Wages For Not Paying?

In these tough financial times, it is common for individuals to fall behind or even making the difficult decision to not pay a credit card bill.  Many people struggle with the monthly decision over which bills they can afford to pay.  This leaves most people without the financial freedom of having their wages garnished by unpaid creditors.  While it is true that most credit card companies will push to have you agree to having their bills automatically be debited from your bank accounts, they cannot simply take the money from your hard earned paycheck without a court's order.  In order to garnish your wages, the creditor must first show the court that they have a valid debt owed to them, then they must get a judgment for that debt owed in order to begin garnishing your wages.  If you have received a judgment against you by a credit card, then let the Law Offices of Andrew E. Farmer assist in bringing an end to the collection calls and garnishments.  Our licensed Tennessee attorneys can assist in debt negotiation as well as filing in the Federal Bankruptcy Court.  Our Bankruptcy attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Knox, Blount & Cocke Counties.  Call (865) 428-6737 to schedule your free consultation today. 

Tennessee Texting While Driving Law

Since July 1st, 2009 the State of Tennessee has banned driving a vehicle while texting.  The language of the statute is written to include cell phone text messages as well as written message on a PDA, i.e. an email.  If found to be in violation of this statute, then an an individual would be facing a C misdemeanor which is punishable by a fine of no more than $50.00 and court costs of no more than $10.00.  While this may be an expensive text message, the real worry is that distracted driving is unsafe driving.  Many automobile injury cases arise each year from a driver focusing on his or her cell phone rather than the road.  If you were injured in an automobile accident by a distracted driver, then let The Law Offices of Andrew E. Farmer fight for the compensation you deserve.  Our office may be reached by calling (865) 328-6737.  Our licensed Tennessee personal injury attorneys practice in Sevierville, Pigeon Forge, Gatlinburg, and throughout all of Sevier, Jefferson, Cocke, Blount and Knox Counties. 

Do you need a Will if you have a Power of Attorney?

Recently I was asked by a prospective client if she needed to have a will drawn up for her mother.  The fear was that going through probate after her mother died would be too much of a hassle for the family.  This particular individual had been told that since she held her mother's Power of Attorney that this would give her the authority she needed after her mother passed to handle the estate herself.  This is not true.  A Power of Attorney is only effective during the life of the individual.  If there is a Will, then the Executor under the Will shall administer the deceased's estate.  If the individual passes without a Will, then the Probate Court will have to name an Administor to handle the affairs of the deceased's estate.

If you are looking to provide guideance for your family upon your passing, then allow The Law Offices of Andrew E. Farmer assist you in creating your Will.  Our licensed Tennessee attorneys can also assist you in your Medical Power of Attorney,  Durable Power of Attorney and other estate planning matters.  Our offic may be reached by calling (865) 428-6737 and our attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties. 

Modifications of Child Custody Orders

When a judge puts down an order for child custody following a divorce, the notion is that will be the order until the minor child or children reach the age of 18.  More often than not, circumstances will change during that potentially 18 years period until the child becomes an adult.  When these changes occur, it may become necessary to modify the current custody order.  This is done in order to provide for what is in the child's/children's best interests.  In order to establish the necessary basis for such a modification, the courts require that a material change in circumstance has arisen.  Some changes may be obvious, such as a parent having to relocate due to employment, however it is not always as clear.  If you are seeking to modify your existing child custody order, then let The Law Offices of Andrew E. Farmer build the case you need to achieve your goals.  Our licensed Tennessee attorneys practice in Sevierville, Pigeon Forge, Gatlinburg and throughout all of Sevier, Jefferson, Cocke, Blount & Knox Counties.  You may contact us at (865) 428-6737.

Will My Employer Know If I file Bankruptcy?

It is common for people to be concerned that their employer will discover that they filed Bankruptcy.  For some people they are afraid of being fired or possibly they feel a sense of shame for needing debt relief.  These fears are understandable though probably not well founded.  In the event that a person was to be retaliated against for filing Bankruptcy, such as being terminated, then there are protection provisions in the Bankruptcy Code to protect the employee.  Unless your boss or employer is a creditor who needs to be listed in the Bankruptcy filing, then there is strong likelihood that your employer will not be made aware.  The primary exception being that in the event of a Chapter 13, then the required monthly payments to the Trustee could be debited from your wages.  In this event, then your employer would be made aware to facilitate the wages being debited from your check. 

If you are looking to file Bankruptcy and live in East Tennessee, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  We are a debt relief agency as defined under the Bankruptcy Code. 

Orders of Protection in Tennessee

Domestic abuse and violence in a relationship is always a tragic occurrence.  If an individual is the victim or the parent of minor child who is the victim of domestic violence, then it is important to report the abuse to the proper authorities.  Additionally, that person may seek an Order of Protection.  An Order of Protection is a civil order that prevents the abuser from coming around or even contacting the Petitioner.  An Order of Protection may require that the abuser not possess firearms and carries criminal penalties if the abuser violates the Order.  The Order of Protection may also extend to cover the custody of children in limited appropriate circumstances. 

Once a person swears out an Order of Protection, then the abuser will be served with a copy of the petition and an Ex Parte Protection Order.  The abuser will have to appear in Court in order to challenge the petition.  This often will require a hearing on the merits of the petition.  If you have taken out an Order of Protection and want a skilled attorney to fight for you at your Order of Protection hearing, then call the Law Offices of Andrew E. Farmer at (865) 428-6737.  Our attorneys practice in Sevier, Jefferson, Cocke, Blount and Knox Counties. 

I was hurt in a car wreck. Do I need an attorney?

If you were injured in a car wreck that was not your fault, then you may need an attorney to fight for you.  While nothing the court can provide can undo the damage that you suffered in your car wreck, the court can seek to compensate you for your loss and suffering.  While may people feel that they can deal with the other person's insurance company, remember that the insurance companies have teams of attorneys seeking to protect themselves and are not on your side.  Let the Law Offices of Andrew E. Farmer fight for you.  Our attorneys practice throughout all of East Tennessee to help you today.