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Alabama Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Alabama on
Q: What is a certain issue

I was told my case needed investigation of certain issues

Travis T Juneau
Travis T Juneau
answered on Feb 7, 2023

A "certain issue" is another way of saying that there are red flags in your case that someone noticed that need to be explored further. It is the generic term for a discrepancy in the facts or a legal issue that needs to be answered before someone, likely your attorney, feels comfortable... Read more »

1 Answer | Asked in Collections and Elder Law for Alabama on
Q: I had a judgement against me in 2017. They just started garnishment on Dec 2022. I’m 66 years old. What can I do
Joel Gary Selik
Joel Gary Selik
answered on Feb 5, 2023

You have a number of options. These options include, consult with a Bankruptcy to see, not only if you qualify, but if it makes sense in your financial condition and future. Protect your assets by having assets in non-collectible, accounts or assets. File claims for exemption.

The first...
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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Estate Planning for Alabama on
Q: My dad died in October. He had his property and assets in a trust for me and my 2 sisters. How do we resolve a disagree

Disagreement on the division of the property?

Jack T. Carney
Jack T. Carney
answered on Jan 31, 2023

The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute...
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1 Answer | Asked in Child Support and Family Law for Alabama on
Q: Ex provides health insurance via military benefit. Refuses to pay half of uncovered expenses.

12yo is covered by health insurance by ex. This year we have incurred $400+ uncovered medical bills and she is starting orthodontic treatment soon ~$6800. Ex states the portion his benefits cover (for example, $1700 of braces) count as his payment towards these bills. Insurance does not exceed 5%... Read more »

Shane Michael Oncale
Shane Michael Oncale
answered on Jan 30, 2023

Your order should cover what is to occur with uncovered medical expenses and deductibles. If it does and he is in violation then you can take him to court to hold him in contempt and enforce the provisions. If for some reason there is no such provisions you need to go back to court to have them... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: How long after a Chapter 7 filed is it determined to be an asset/no asset case?

We are currently in a Chapter 7 in the state of AL we have lived her 1.5 years, and moved from CA, and other than providing the required information, our attorney barely communicates with us. I have sent her several emails with questions, and no response. We are in a very small town, and our law... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 27, 2023

In my PA district, around Philadelphia, the trustees send out a "no-asset" notice shortly after the 241/first meeting of creditors is completed. IOW, that's about a month or two after the case is filed.

Non-responsiveness of counsel, at least in the bankruptcy field, is not...
Read more »

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1 Answer | Asked in Health Care Law for Alabama on
Q: Had dcr with stent surgery 1mo ago. Can they deny having stent removed 3mo from now if I don't go to followup appt?

They are located 2 hours away and I don't have time or money to waste for a just a check up. They told me they wouldn't complete the process unless I do followup. ( really rude doc office )

Tim Akpinar
Tim Akpinar
answered on Jan 27, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. However, as a general matter nationwide, if a medical provider has a valid basis for requiring follow-up examination, it isn't something that an attorney is likely to challenge on any legal grounds. It's... Read more »

1 Answer | Asked in Family Law, Immigration Law, Child Support and Civil Rights for Alabama on
Q: As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen i

As a 20-year-old Christian, if I am at the age of 20 and the age of majority in Alabama is 19, then what would happen if I moved to Mississippi, in which the age of majority is 21? Will I turn back into a boy in that state?

John Michael Frick
John Michael Frick
answered on Jan 26, 2023

The age of majority is governed by the law of the state with the most significant relationship to the contract or transaction in question. Your place of residence at the time of the contract or transaction will be a meaningful contact in that analysis.

1 Answer | Asked in Employment Law for Alabama on
Q: What can I do about being fired from a job without any reason whatsoever

If I just got fired from a job without any reason or warning or anything what kind of legal actions could I take

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 26, 2023

I'm sorry to hear about your experience. Assuming you are not a member of a Union, you are likely an at will employee. As such, you are provided very few rights under Alabama law. An at will employee may be terminated for good reason, bad reason or no reason at all. Exceptions primarily... Read more »

1 Answer | Asked in Child Custody and Family Law for Alabama on
Q: If I have sole physical custody and joint legal custody would I be allowed to move out of the state with my daughters ?
Scott Frederick Levin
Scott Frederick Levin PRO label
answered on Jan 24, 2023

Depending on the exact wording of your divorce decree, it is possible.

1 Answer | Asked in Criminal Law for Alabama on
Q: My neighbor burned my house down and was found guilty,the local DA got him out with understanding I was to receive

My money loss ,time has passed no money,and criminal has sold his house no word from criminal or DA,do I have any rights or options to try to cover my loss,

Travis T Juneau
Travis T Juneau
answered on Jan 24, 2023

You should call a personal injury attorney in your area to determine if you can and should file a civil lawsuit against your neighbor.

1 Answer | Asked in Criminal Law for Alabama on
Q: I was searched by two state troopers an no drugs recovers but I gave the drugs to ambulance guy in the back of ambulance

I had the drugs o my nuts he acted like he was gone get rid of them or I would have just dumped it in the hospital room bathroom I faked the home event to get rid i f the drugs he gave it to them at hospital an they charged me with it .. that ain't legal right

Travis T Juneau
Travis T Juneau
answered on Jan 24, 2023

If I understand your story correctly, you faked an injury so that you would be taken to the hospital so that officers, who were searching your car, would not find the drugs that were hidden in your trousers. In the ambulance, you gave the drugs to the paramedic, who, in turn, gave them to the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: What is the average settlement from a rear ended accident ? Whiplash,c4/c5 injury, back brace and physical therapy?

Just looking for settlement amounts that are reasonable . I have a lawyer but we have not discussed amounts.

Mitchell G. Lattof Jr
Mitchell G. Lattof Jr
answered on Jan 23, 2023

There is no "average" settlement. There are many factors that have to be evaluated in order to determine what a reasonable settlement might be in your case. These would include extent of negligence on the part of the other party, issue of any potential contributory negligence on your... Read more »

1 Answer | Asked in Bankruptcy and Contracts for Alabama on
Q: My car was repossessed in Sept 2022. I received a letter stating that I could redeem it for $17000 by Oct 3, 2022 or it

Would be auctioned. I never received a letter stating when and where my car was to be auctioned at. The next letter I received stated that my car had been sold and that I owe 6,911. Per their contract, I wasn't properly notified. What can I do about this?

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

Hire a civil lawyer to sue the car seller and seek damages for their breach of sale requirements.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Alabama on
Q: My husband was just fired from his job where they claimed he had a gun at work. This is false. Can we file civil suit?

He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 16, 2023

Is your husband a member of a labor union? If not, he is likely an at will employee. A at will employee can be terminated for good reason, bad reason or no reason at all.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Q: Why was my right to counsel denied in a custody modification or neither informed of my right to be represented

Since i couldnt afford a attorney I was forced to have to represent myself and lost the joint custody I had of my boys and I believe it has to do with my exwife working for the Marshall county sheriff's office conflict of interest

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

You aren’t entitled to a court-appointed attorney at taxpayer expense in such a civil proceeding, but are entitled to hire one at your own expense.

Claiming indigency that would entitle you to a court-appointed attorney if you had a criminal case against you in a custody case isn’t...
Read more »

1 Answer | Asked in Libel & Slander and Personal Injury for Alabama on
Q: Are attorneys hands tied as far as filing lawsuits for incidents that happened during the pandemic if it was negligence?

I was in a medically induced coma because of Covid 19 and I came out of the coma. I fell from the bed on the floor and my heart stopped and they brought me back several times & I sustained a hypoxic brain injury. & was reintubated. I have my official medical records and I signed a contract... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. Don't lose further time awaiting a reply here. This isn't an attorney referral service, so there's no point awaiting a reply regarding possible representation. With a looming statute of limitations,... Read more »

1 Answer | Asked in Consumer Law, Collections, Constitutional Law and Gov & Administrative Law for Alabama on
Q: Hello! This question is in regards to15 U.S. Code § 1681a - Definitions; rules of construction

As far as exclusions, it states your consumer report does not include a report containing information solely as to transactions or experiences between the consumer and the person making the report; does that mean that late payments on your credit report are illegal?

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 12, 2023

No.

1 Answer | Asked in Consumer Law and Criminal Law for Alabama on
Q: In Alabama If someone doesn’t pay after having a debt judgement against them can they be jailed for contempt of court

Ex husband of person who received letter passed away about 4 years ago. Judge in divorce case said he was to pay the debt. She got a letter saying she had ten days to pay or at end of ten days she has to surrender to law enforcement

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 11, 2023

If it's a failure to pay court ordered child, then it's not the same as an ordinary money judgment. Contempt is possible based on noncompliance with a court order.

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