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Alabama Questions & Answers
1 Answer | Asked in Copyright for Alabama on
Q: How do I get permission to use a song in a stageplay?

I am writing a stage play and I want to use a song in the play. I read a NOLO book on getting permission to use copyrighted materials but it had a videogram license attached to it. I don't want to film the play. I just want to use the song.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 22, 2021

Consult with an attorney.

Start with Google, look for owners of the rights.

1 Answer | Asked in Contracts for Alabama on
Q: If a home builder changes the date of closing to tbd. I didn't sign that contract. Is it valid?

I signed the original contract with a close date of 9/16/21. The builder changed the close date to tbd. Now we can't get a close date in writing.

William Vann Burkett
William Vann Burkett answered on Sep 21, 2021

Generally, a contract will control the relationship between the parties unless modified. There are multiple ways to modify a contract under Alabama Law. The language of your executed agreement may have an effect on what methods are available to modify the agreement. In order to fully understand... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: In the case of someone being on probation: If they go to jail for a new charge and the probation officer violates them.

The file is then sent back to the original court and they file a warrant for their arrest. (Warrants filed expire at the end of every year & have to be refiled in the new year). The warrant was filed October 2017 & was never refiled after that. He was arrested in December 2020 on that... Read more »

Travis T Juneau
Travis T Juneau answered on Sep 16, 2021

Warrants do not expire in Alabama. In fact, I don't know of a jurisdiction where warrants do expire. If a warrant was issued for his arrest it will remain outstanding until the warrant is served via arrest. Warrants can be defective but, age alone does not make a warrant defective.

1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Civil Litigation for Alabama on
Q: What is the law when it comes to separation before divorce in AL? Can you move out immediately?

I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Sep 13, 2021

I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: We have a signed contract to purchase a house but seller is very ill and may pass away before closing.Does that cancel ?

Does that cancel our contract? It’s in Alabama.

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2021

Equitable Conversion takes place such that it is an enforceable Contract against the seller's successors in interest. It does complicate the title as the grantors' source of title must be determined and placed in the Deed's derivation of title clause. A Probate may complicate... Read more »

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: I have a dog I posted signs on my front porch Beware of dog a lady ignores the signs walks up on porch my dog bite her

Who responseable my dog is on a lesh she came on my property

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 9, 2021

In Alabama there are typically three instances where an owner can be responsible for a dog biting someone. 1) if the dog has known dangerous or vicious propensities. 2) If the dog is a breed that is listed on a dangerous breed list. For the State of Alabama that is only Pit Bulls. Counties or... Read more »

1 Answer | Asked in Civil Rights for Alabama on
Q: Can I sue Facebook for violating my civil rights specifically for violating my freedom of speech? Not first time they

I made a comment about our government leaving K9’s in Afghanistan. Military k9’s. My comment was “ it would be more humane to have put a bullet in their head than leave them to starve or be tortured by Isis. “

They banned me stating I was promoting hate or violence?

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

Because Facebook is not a government entity they cannot violate your first amendment right to freedom of speech. You can make an internal appeal with Facebook to argue your post did not violate their policies. They use computer bots to monitor content, but often on an appeal a human doing the... Read more »

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord keep my security deposit if i never moved in? 3 days of move date property was already occupied.

7/24/21 put deposit. Was told he gave previous tenets 30 days to vacate. He was supposed to contact me if I could move in sooner. I got a message 8/24/21 saying this was the last day and to contact him, he said that he wasn't sure if the tenets were moved out because they had left some... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

I would suggest contacting an attorney to go over the specifics of your case in detail. A landlord has a duty to provide you both legal and actual possession of a property. Having prior tenants living there would violate that duty.

1 Answer | Asked in Uncategorized for Alabama on
Q: Is there any legal recourse to protect me and my family from a cyber stalker?

I’m being harassed by a man I met online. We were in a long distance digital relationship that I ended, but now he won’t go away. He’s sending threats/messages/images to me/my family. How can I make him stop?

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

I would suggest calling the non-emergency number for you local police department. Describe the situation and detail the threatening messages. You might be able to get a protection from abuse order based on the facts of your situation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Does Alabama have rights for an aunt if the mother dies?

So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Sep 7, 2021

If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... Read more »

4 Answers | Asked in Immigration Law for Alabama on
Q: I live in alabama. My fiance is an undocumented immigrant. Would it be a good idea to get legally married ?

He has a valid passport and ID. I'm scared that in alabama, ICE will be involved quickly. And that our marriage wouldn't be classified as "legal."

Kyndra L Mulder
Kyndra L Mulder answered on Sep 2, 2021

Your marriage will be legal unless one of you is already married to someone else or under age.

Your husband may be eligible for a waiver of his unlawful presence and a green card. I suggest you contact an experienced immigration attorney to discuss the possibilities.

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I have reached my 60 day of not receiving my security deposit. How can i file to recieve double the deposit owed?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

If you have not already I would send a letter to your landlord making a specific request for your deposit back, and if they refuse an accounting of the defects they allege account for not returning said deposit. Give a time limit to respond. You may want to send it certified mail so that you can... Read more »

1 Answer | Asked in Constitutional Law for Alabama on
Q: 16th Amendment to the U.S. Constitution was never properly ratified.

This amendment which established the "income tax" was signed into law despite

serious defects. In reality, only two States [mind you, these were all Territorial

"States of States" at this time] ratified the amendment and ratification requires 36 (3/4 of)... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

Not sure what "serious defects" you are referring to. However, 36 States ratified the amendment by 1913. The first state to ratify was Alabama in 1909. The 36th state was Delaware. In total 42 States ratified. Four states rejected the amendment and two never considered it. (Alaska and... Read more »

1 Answer | Asked in Criminal Law and Education Law for Alabama on
Q: It's a wood storage building licensed as a gun store business I cut into the back of it with a skill saw I never entered

Is it a 3rd degree burglary in Alabama I never entered or took anything I only damaged the building by cutting a square in the back of it I gave up and left when I couldn't get into it

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 30, 2021

(a) A person commits the crime of burglary in the third degree if any of the following occur:

(1) He or she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein;

(2) He or she knowingly enters or remains unlawfully in an occupied building...
Read more »

1 Answer | Asked in Car Accidents for Alabama on
Q: Can a parent press chargers on their child if they put a dent on the parents car by accident
Tim Akpinar
Tim Akpinar answered on Aug 25, 2021

An Alabama attorney could advise best, but your question remains open for two weeks. Until you're able to speak with an Alabama attorney for meaningful guidance, an accidental dent does not usually amount to being a crime in most places. Unless an accident involved intoxication, recklessness,... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: My bf is on supervised prob in 2 counties in AL & its killing him financially. Possible to "combine" payments/reporting?
Travis T Juneau
Travis T Juneau answered on Aug 25, 2021

He should be able to combine supervision with whichever county he is living in if he is on state-supervised probation. However, the payments of court costs, restitution, fines, and fees will have to go to the sentencing court. He needs to talk to his probation officer and have supervision... Read more »

1 Answer | Asked in Insurance Defense for Alabama on
Q: Can I keep my vehicle after it is deemed a total loss and payed out by the insurance company?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

That will be determined as part of your settlement. If you have not accepted a property settlement offer you can negotiate to keep the vehicle. They will likely reduce their offer by what they assess the salvage value of the vehicle to be.

1 Answer | Asked in Uncategorized for Alabama on
Q: Can a insurance company make a renter pay for an accidental fire
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

Likely depends on the language of the lease agreement, property insurance agreements, and renters insurance agreements. I would suggest taking those documents to an attorney for review to get specific advise.

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