Saturday, January 5, 2013

Nashville DUI Lawyer

Barnette Law Offices, LLC – Nashville DUI Lawyers

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Tennessee’s penalties for drunk driving are among the toughest in the country. If you are convicted of driving under the influence (DUI/DWI) you can lose your license for one year and will serve a mandatory jail sentence of 48 hours for 1st offense alone. If this isn’t your first offense, the penalties are even more severe, requiring 45 days in jail for a second conviction and 120 days in jail for a third. A restricted license is not going to happen absent exigent circumstances. If you’ve been charged with DUI in Nashville, Davidson, Rutherford, Williamson, or Wilson County or anywhere in Tennessee, it is imperative you retain skilled counsel such as the aggressive Nashville DUI Lawyers at Barnette Law Offices, LLC.

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Barnette Law Offices, LLC – Experienced Nashville DUI Lawyers

It is critically important to have experienced Criminal Defense representation if you have been charged with a DUI. The Nashville DUI Lawyers at Barnette Law Offices, LLC offer just this.

Free Consultation – The Nashville DUI Lawyers of Barnette Law Offices, LLC experience separates us from many DUI and Nashville Criminal Defense Lawyers in the region. We know the process, the procedure, and will inform you of the same.

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Again, it is imperative that you retain skilled counsel to represent you in a Tennessee DUI case. The Nashville DUI Lawyers at Barnette Law Offices, LLC are prepared to discuss your DUI charges right away. Time is an important factor in any criminal matter, but is particularly important in DUI cases.

Our Nashville DUI Attorney’s represent clients throughout Tennessee in the following charges:

  • 1) DUI defense, felony DUI, multiple offenses
  • 2) Underage DUI
  • 3) Vehicular homicide, vehicular assault defense
  • 4) Speeding, reckless driving, DUI-related traffic offenses
  • 5) Obtaining restricted licenses

Presenting Your DUI Defense

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If you did not submit to a blood alcohol content (BAC) or breath test, there are more options if the case proceeds to trial. If you did take a blood or breath test, the Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure the tests were administered and interpreted correctly.

The Nashville DUI Lawyers at Barnette Law Offices, LLC also challenge the validity of the traffic stop, making sure the police had reasonable suspicion to pull you over and that they followed the laws related to search and seizure under the Constitution. If this is not your first DUI charge, you face a stiffer sentence and possibly a felony conviction if, again, this is your 4th DUI charge. Our Nashville DUI Lawyers at Barnette Law Offices, LLC will make sure that your DUI prior charges resulted in convictions for 1st through 3rd and that you were properly represented by counsel in each proceeding.

You may find more information at our Nashville DUI Law website and please to not waste time contacting our skilled Nashville DUI Lawyers at Barnette Law Offices, LLC or 615-585-2245 if you have been charged with a DUI in Tennessee.

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Friday, January 4, 2013

Sued by CACH, LLC, Midland Funding, LLC, Asset Acceptance, or a Debt Purchaser in Tennessee?

Have you been sued by CACH, LLC, Midland Funding, Asset Acceptance, or another debt purchaser in Tennessee? Think there is nothing you can do as a Tennessee consumer to defend yourself?  Well, there is something you can do to defend yourself and counter-claim Tennessee debt purchasers.

Under the Tennessee Collection Services Act, debt purchasers such as LVNV Funding, Portfolio Recovery Associates, Calvary Portfolio must have a collection license and meet other certain requirements in order to lawfully be able to sue you.  Most, if not all, debt purchasers are in violation of the Tennessee Collection Services Act because they do not meet even half of the requirements.  Indeed, CACH, LLC, Midland Funding, and many other debt purchasers in Tennessee do not even have licenses.

What does this mean, 1) Tennessee consumer lawyer Jason Barnette can get the case filed against you dismissed; and, 2) in some cases, Tennessee FDCPA and FCRA lawyer Jason Barnette can recoup damages for you against the debt purchaser that has unlawfully sued you.

If you’ve been sued in Tennessee, call us at 615-585-2245 or visit us at Tennessee FDCPA and FCRA Lawyers.

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Wednesday, December 26, 2012

DEBT COLLECTORS CALLING YOUR CELL PHONE–CALL BARNETTE LAW OFFICES TODAY!

Are debt collectors and/or debt purchasers calling you on your cell phone?  Did you ever give them permission to do so?  Do you live in Tennessee?

If the answers to the above three questions are yes, then call Jason Barnette at the Tennessee debt collection protection firm of Barnette Law Offices.  Did you know that it is unlawful for a debt purchaser or debt collector to call you on your cell phone -  or residential line - without your consent under the Telephone Communication Protection Act.  Each time they do, it can be worth $500.00 to $1,500.00 pursuant to the Telephone Communications Practices Act.

Call us at Barnette Law Offices to make them stop and – potentially – make them pay for your damages at 615-585-2245, info@barnettelawoffices.com or at http://www.barnettelawoffices.com.

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Saturday, December 22, 2012

Sued by a Debt Purchaser in Tennessee?

Barnette Law Offices is accepting new clientele which have been sued by Debt Purchasers – or in some cases originally creditors – throughout the General Sessions, Circuit, and Chancery Courts of Tennessee.  We offer aggressive defense against such claims and where applicable, assert counter-claims under the FDCPA and FCRA.

Call us at 615-585-2245 or contact Tennessee Consumer Protection Lawyer Jason Barnette at info@barnettelawoffices.com

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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.