Saturday, July 14, 2012

Tennessee Unemployment Law

Have you recently applied for through the Tennessee Department of Labor and Workforce Development and received an Agency Decision stating you were ineligible?  If so, call at Barnette Law Offices.

You have a right to appeal the Agency Decision to the Appeals Tribunal.  It matters not if you have been alleged to have committed work related misconduct or to have voluntarily resigned.  You need a Tennessee unemployment law attorney like to explain to the hearing officer what is and what is not work related misconduct and to apply T.C.A. 50-7-303(a)(2)(A) to the facts of your case.  If the issue is voluntary resignation, you need an like Jason Barnette to help you show that you had compelling and necessitious reasons to leave your most recent work and that you exhausted all reasonable alternative before so leaving.

If you’ve been denied benefits through the Department of Labor, contact Jason Barnette at Barnette Law Offices.  We can be reached at 615-585-2245 and info@barnettelawoffices.com

Friday, July 13, 2012

LVNV Funding–Tennessee Court of Appeals

In a recent case of LVNV Funding, LLC v. Kevin Mastaw, the Tennessee Court of Appeals at Nashville struck a blow to all debt purchasers that sue Tennessee consumers.  No. M2011-00990-COA-R3-CV - Filed April 30, 2012.  The Court got it right and affirmed our position that – essentially – robo-signed Affidavits on sworn accounts are indeed hearsay inasmuch as they are not “business records”.  The ruling can be reviewed at http://www.tncourts.gov/sites/default/files/lvnvfunding_opn.pdf

When defending , we always object to any debt purchaser’s attempt to introduce Affidavits that are once removed or even twice removed from the personal knowledge of the witness.  While, “typically” gets most cases dismissed before hearing, he has made the argument time and time again that Affidavits submitted by debt purchasers are prepared for litigation and are therefore, not subject to the business record exception to hearsay.  Our Court of Appeals confirmed that.

What does that mean for you if you’ve been sued ?  It means that in order to win, a debt purchaser must now authenticate any document they intend to use to prove up the debt through witness testimony and said witness better of personal knowledge as to the contents of the documents.

If you’ve been sued by a debt purchaser or have one hounding you through a law firm, contact at Barnette Law Offices.  We can be reached at 615-585-2245 and .

Tuesday, June 26, 2012

Debt Purchasers–If You’ve Been Sued Call Us!

Have you been sued in a General Sessions Court in Tennessee?  Is the Plaintiff a debt purchaser?  If so, call at 615-585-2245 or email us at info@barnettelawoffices.com.

Debt purchasers go by many names – Portfolio Recovery Associates, Midland Funding, Asset Acceptance, CACH, LLC, LVNV, Gault Financial – but there are many.  Essentially, they all have the same business model.  Buy old credit card debts – or any debt really – for cents on the dollar and sue you for it.  However, you have options and will fully explain those to you during  a free consultation.

Debt purchasers – regardless of their name – must show a chain of title in order to prove up their claim.  This is often difficult for them.  Moreover, they typically must authenticate said chain of title through witness testimony.  Some may argue that their affidavits are not hearsay and rather, “business records” but do businesses; i.e., make affidavits for all the accounts they have?  Of course, no they don’t because such documents are prepared for litigation alone.

Furthermore, debt purchasers are subject to the .  Chances are, the debt purchaser that is now suing you has violated one of the Acts cited above.  Indeed, they may not even be lawfully permitted to sue you in Tennessee.

If you’ve been sued by a debt purchaser, call us at 615-585-2245 or email us at info@barnettelawoffices.com.  We can help.

Sunday, February 21, 2010

NASHVILLE PERSONAL INJURY LAWYER

Personal injury lawsuits are filed when people are seriously injured or killed by another person – whether intentional or by carelessness – or are injured by products that are defective in some way.  represents clients from Nashville and throughout Tennessee who are victims of such injuries aggressively and with compassion.

When someone is liable for injuring another person, whether through their direct acts, inactions, or through a product for which they are responsible, he or she can be made to pay the injured person damages. Compensatory damages try to put the injured party back in the position he or she was in before the injury occurred.  In some cases, can present enough evidence to a jury that punitive damages (additional money paid as a fine) are awarded to punish the tortfeasors in order to prevent them from doing additional harm.

accepts many types of personal injury claims for clients in Nashville and across Tennessee.  Such personal injury claims include:

Car and Motorcycle Accidents

Defective/Dangerous Products

Slip and Fall Accidents

Trucking Accidents 

Wrongful Death

Injuries suffered by virtue of any of the above reference accidents can be severe and life changing. realizes that your goal after such an accident is to get your life back. Medical bills must be paid, lost wages must be recovered, and agreements reached wherein the insurance company will continue payment for all future damages.

will advise you as to all available options.  In addition, Barnette Law Offices, LLC will aggressively work with the insurance companies and all other parties involved in your case to ensure all your needs are handled to achieve the best possible outcome.

If you or a loved one has been seriously injured through no fault of your own, contact online at http://www.barnettelawoffices.com or call us at 615-585-2245 to set up a consultation.

Saturday, February 20, 2010

Nashville Car Accident Lawyer

If you or someone you love has been seriously injured or even killed in an car wreck in or around Nashville, it’s to your advantage to hire an in order to obtain maximum to compensation.  As the victim of a car accident, you have the right to file a lawsuit for your injuries if the accident was caused by someone’s negligent acts or inactions.  There are many ways in which negligence and/or reckless driving behavior can lead to a serious or fatal auto accident.  Driving under the influence, speeding, reckless driving, making an illegal turn and even simply running through a red light constitute negligent driving in Tennessee. 

Maximize your chances of obtaining the highest settlement possible through contacting us at as soon after the accident as possible.  will review your case to determine if your claim has merit, advise you as to all of your options and give you a projection of how much your claim may be worth.  will ensure that you take the necessary steps to file a lawsuit against the appropriate parties.  Furthermore, will also communicate with the insurance company to aggressively protect your rights.  
Contact

If you’ve been involved in any serious auto accident or , Barnette Law Offices will recover maximum compensation for your medical expenses, future medical care, lost wages, property damage, additional financial hardship, emotional distress, pain and suffering, and decreased quality of life. 

Protect your rights under .  Contact Barnette Law Offices, LLC today at either 615-585-2245 or visit us at http://www.barnettelawoffices.com in order to !

Sunday, January 24, 2010

Barnette Law Offices, LLC – Google Favorite Place

Barnette Law Offices, LLC Named One Of 100,000 Businesses Across U.S. As A Google Favorite Place.

 was honored by as one of only 100,000 businesses to be named a “Favorite Place” out of 4.1 million businesses across the U.S. 

What this means is that is one of the most searched Nashville Law Firms.  We at Barnette Law Offices, LLC pride ourselves on this fact and encourage the use of Google.

Below, please find the bar code received from Google:

Please simply take a picture of the above with any smart phone and it will lead you directly to Barnette Law Offices, LLC.  Please feel free to contact us at or 615-585-2245 for all your Tennessee Legal Needs.

Sunday, January 10, 2010

Nashville & Tennessee Personal Injury Lawyers

Barnette Law Offices, LLC – TN Personal Injury Attorney’s

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Car accidents are inevitable. Even the safest and most cautious driver can be involved in a car wreck. Often these wrecks result in significant injuries and can have a catastrophic effect on the lives of the drivers, passengers, and their families. Car accidents may be caused by a number of different factors. Some are simply the result of mistakes, while others are the result of careless and thoughtless actions. Sometimes drugs and/or alcohol is involved. On other occasions, cell phones, speeding, and reckless driving may be the cause of the car wreck. Regardless, the impact can be devastating. Victims may be injured, cars damaged beyond repair, and work time lost. Making matters worse, your insurance company, who you pay a premium in hope that they will be there for you, may refuse to pay your medical bills or the full value of your car. If you have been involved in an automobile or truck accident, contact one of our experienced car wreck attorneys at Barnette Law Offices, LLC.

What Should I Do If I Am Involved In A Car Wreck ?

CALL THE POLICE. Get the name, address, telephone number of: all drivers and passengers, witnesses, registered owners of the vehicle (if different from the driver). Also, obtain the other driver’s insurance company and insurance policy number. Make a note of the accident location, as well as, any injuries sustained by you or anyone else involved in the accident. Make sure you get the officer’s name and the accident report number. Note any statements made by the other driver or passengers. This is especially important if they admit if they were at fault or using drugs or alcohol. Report the accident to your insurance company as soon as possible. Finally seek medical attention for all of your injuries immediately. For more information, call one of our experienced car wreck attorneys at Barnette Law Offices, LLC  - 615-585-2245.

What Are My Damages?

Tennessee allows victims to claim two types of damages: compensatory and punitive. Compensatory damages are calculated by adding together the victim’s medical expenses, pain and suffering, lost wages, and property damage. Punitive damages are awarded in circumstance where a defendant’s reckless driving merits “punishment” or when a defect caused the accident. Your recovery of damages may be limited by the other driver’s insurance policy. For more information, call one of our experienced Tennessee Personal Injury Lawyers at Barnette Law Offices, LLC at 615-585-2245 or visit us on our website at Barnette Law Offices, LLC.

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How Do I Recover For The Damages the Other Driver Caused?

In rare cases, a lawsuit will not be necessary. However, a lawsuit is usually necessary for you to receive the full value of your damages. The lawsuit is filed in the county where the accident occurred or where the defendant resides. Once filed, you become the plaintiff and the other driver is called the defendant. Unlike most T.V. shows, it may take several months or even years for your lawsuit to go to trial. Along the way evidence is collected, depositions are taken, and you may attend mediation. For more information, call one of our experienced Tennessee Car Accident Attorney’s at Barnette Law Offices, LLC – 615-585-2245.

What If The Defendant Does Not Have Insurance?

Your insurance coverage may include what is called “uninsured/underinsured coverage.” This type of insurance covers you in the event that the defendant does not have insurance or has less insurance than is necessary to cover your damages. When a lawsuit is filed, your insurance company will be notified. In the event the defendant does not have sufficient insurance, your insurance company will retain a third attorney who will defend their interest under the uninsured motorist policy. The insurance policy will only pay damages in an amount that does not exceed the limits of your policy.

What If My Car Is Totaled ?

Your insurance company will only pay what the car is worth. They will not pay what you owe. In many cases, you will be paid less than what you owe on the car. This is because the insurance company can deduct from the value of the car such things as previous accidents and normal wear and tear. For more information, call one of our experienced Nashville, Tennessee Personal Injury Lawyers at 615-585-2245 or contact us at Barnette Law Offices, LLC.

CAR WRECK ATT

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