Jackson, Tennessee Firm Blog | Spragins, Barnett & Cobb PLC

How do foreclosures in Tennessee generally proceed?

On behalf of Spragins, Barnett & Cobb, PLC posted in Banking & Business Transactions on Thursday, November 15, 2018.

Lenders in Tennessee issue mortgages to homeowners with the expectation that the home loan will be paid back on time with interest. Unfortunately, some homeowners do not meet this obligation. When a lender is not receiving what they are due on a mortgage they issued, they may need to initiate foreclosure proceedings.

Foreclosures begin when the homeowner misses a mortgage payment. After a certain amount of time has passed, lenders can assess late charges on the missed payment and can begin trying to contact the homeowner to figure out why they are not paying their mortgage. After more time has elapsed, the mortgage servicer can send an official demand letter stating which terms of the mortgage the homeowner is in violation of.

Tennessee businesses may benefit from mediation or arbitration

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Friday, November 9, 2018.

There are many different types of disputes a business in Tennessee could have with employees or other businesses. It may seem like the only way to resolve these disputes is through litigation. However, before resorting to filing a lawsuit, businesses may want to consider some alternatives to litigation: mediation and arbitration.

In mediation, each party to the dispute will work with a mediator to try to reach a resolution. The mediator is a neutral third party, who serves as a facilitator. Unlike a judge, the mediator does not make a binding decision; instead, they help guide the discussions between the two sides in a manner that allows both sides to come to an agreement. Mediation is a private process, unlike litigation, and is often less costly than litigation.

What must a landlord in Jackson do to evict a tenant?

On behalf of Spragins, Barnett & Cobb, PLC posted in Real Estate on Sunday, November 4, 2018.

Sometimes, a tenant violates their lease with the landlord, forcing the landlord to take legal action. Madison County is subject to the Uniform Residential Landlord and Tenant Act. This act lays out the process landlords in Jackson must follow to evict a tenant.

First, it's important to note that self-eviction is unlawful. Under the URLTA, landlords must provide tenants with a 30-day notice of eviction stating what the tenant did that violated the lease, along with the applicable lease provisions. It must also notify the tenant that they have 14 days to remedy the violation. The eviction notice must also state that if the violation is not corrected within 14 days, once 30 days have passed, the lease will be cancelled and the landlord will start the eviction process. There are exceptions to the 30-day rule for repeat violations, substantial damage or threats or acts of violence.

What happens to your business in a divorce?

On behalf of Spragins, Barnett & Cobb, PLC on Friday, November 2, 2018.

Business owners must have keen insight into the future. This is important for projecting sales, anticipating the reception of a new product and adjusting your marketing approach, among other reasons. However, many business owners fail to use that insight when it comes to the ways their marriages may affect their business, particularly when the marriages end.

Divorce is certainly not something you expected, and you may have taken a leap of faith and skipped the prenuptial agreement that would have protected your interests during property division. However, even without such protections, you certainly still want to reach a fair settlement with your spouse that also allows you to continue operating your business, if at all possible.

How will you and your co-parent handle the holidays?

On behalf of Spragins, Barnett & Cobb, PLC on Wednesday, October 31, 2018.

Halloween is over, and that can only mean that the most wonderful and magical time of the year is right around the corner. However, if you are a newly divorced parent, the holiday season may seem more stressful than magical. Perhaps Halloween was a foretaste of what you can expect for the upcoming holidays.

Did you and your ex fight over who would help the child choose a costume? Did you argue about whether the child would trick-or-treat in your neighborhood or your ex's? Or did your child end up with twice as much candy as necessary to avoid the confrontation? If you do not want to go through the same stress for the important events coming up in the next couple of months, now may be the best time to work out a reasonable plan.

Unlawful workplace discrimination can include sexual harassment

On behalf of Spragins, Barnett & Cobb, PLC posted in Employment Law on Thursday, October 25, 2018.

Unfortunately, despite gains in the movement for equal rights, sexual harassment in the workplace is an ongoing issue. People in Tennessee who are being harassed at work may need to take legal action after exhausting internal procedures for addressing their situation. Harassment can be very damaging for both women and men alike, as men can also be subjected to sexual harassment. Therefore, it is important for all workers to be able to recognize what constitutes unlawful harassment in the workplace, so they can take appropriate action.

Sexual harassment can constitute unlawful discrimination in violation of Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission, harassment includes unwanted and unlawful verbal or physical acts based on a person's sex, among other protected categories. For example, sexual harassment could take the form of lewd jokes, physical threats, offensive pictures and intimidation. However, certain elements must be met for a person's actions to be considered unlawful sexual harassment.

Helping Tennessee businesses and lenders reach their goals

On behalf of Spragins, Barnett & Cobb, PLC posted in Banking & Business Transactions on Thursday, October 18, 2018.

The financial transactions between borrowers and lenders in Tennessee is an essential component of our state's economy. When businesses can secure financing, they are able to grow and expand their operations. Then, when they pay back the loans, the lenders secure the financial resources they need. In the end, financial transactions between businesses and banks benefit both parties and the state as a whole.

However, the business climate these days is not always predictable. Business owners need to be able to plan for every contingency that may arise in the course of doing business. Comprehensive business strategies need to be formed that minimize the risks the business may face, develop streams of revenue the business can use to grow its operations and, therefore, ultimately maximize profits.

What type of drug crime have you been accused of?

On behalf of Spragins, Barnett & Cobb, PLC on Saturday, October 13, 2018.

People often find themselves in difficult predicaments at some points in their lives. For some, the issues may feel easier to address than others are, but it may take a great deal of effort to get through certain events. For instance, if you have criminal charges brought against you, you will likely have to go through a considerable number of steps to address your case.

One of the first steps you may find helpful to take relates to understanding the charges police have brought against you. When it comes to drug charges, the circumstances of your case could significantly impact the types of allegations you face, and those allegations could affect your case overall. It may work in your favor to understand different kinds of drug crimes and under what category your charges fall.

Debt collectors in Tennessee have options to recover debts

On behalf of Spragins, Barnett & Cobb, PLC posted in Banking & Business Transactions on Thursday, October 11, 2018.

Lenders in Tennessee naturally expect that when they issue a loan, it will be paid back. Unfortunately, things do not always run so smoothly and, sometimes, lenders must work with debt collectors to recover debts. Therefore, it is important to understand what debt collectors can and cannot due.

Unsecured debts are those that are not backed by collateral. Some examples include medical debt and credit card debt. These types of debts "expire" after the statute of limitation period has ended. Once that happens, the debtor cannot be sued by lenders to obtain the payments they are due. However, it doesn't extinguish the debt. Thus, debt collectors are permitted to use lawful measures to continue seeking payment on expired debts.

Musk settlement with SEC avoids need for business litigation

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Thursday, October 4, 2018.

Electric cars are an environmentally-friendly mode of transportation that may one day be available to the average consumer. Tennessee residents may be familiar with the company Tesla and its chief executive officer, Elon Musk. Tesla produces electric cars, but the company is not without controversy.

Back in August, Musk stated on Twitter that funding was secured to privatize Tesla at $420 per share. However, the U.S. Securities and Exchange Commission determined that no such deal existed and therefore charged Musk with fraud. Specifically, it its lawsuit the SEC claimed Musk's tweet was "false and misleading" and that it did not comply with SEC regulations.