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Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I be charged for more expensive replacements than what I damaged
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 31, 2022

Without more information this question is going to be difficult to answer accurately.

The general purpose of civil law is to place people back in the position they would have been in had the tortious act not occurred. Compensatory damages are designed to compensate the person for their...
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1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: I've had an affair with a client. I ended it, but he keeps pursuing me, and threatens to tell my job. What can I do

He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2022

You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that... Read more »

1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

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
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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 »

2 Answers | Asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 23, 2021

I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Alabama on
Q: Truck driver passed me in a completely ice and snow covered lane and the snow flying up busted my window.

The driver had already tried to pass once and backed out because the road was that bad and then a mile or 2 later tried again. As he passed the wave of slush and ice caused me and the car in front to have to completely stop because we couldn't see and my driver side window got busted. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. As a general matter in many jurisdictions, you probably would. Check with the Small Claims Court, either through its online resources or contacting an administrative person at the courthouse as to the types of cases... Read more »

2 Answers | Asked in Copyright, Civil Litigation, Civil Rights and Communications Law for Alabama on
Q: a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

Timothy John Billick
Timothy John Billick
answered on Jan 6, 2021

We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.

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1 Answer | Asked in Wrongful Death, Animal / Dog Law and Civil Litigation for Alabama on
Q: I think a vet clinic is responsible for the death of my cat, any advice?
Kristina M. Bergsten
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Kristina M. Bergsten
answered on Nov 25, 2020

You’ll have to either sue or file a complaint with your local licensing board.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... Read more »

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

1 Answer | Asked in Small Claims, Civil Litigation and Intellectual Property for Alabama on
Q: I bought a truck from someone. I found out he pawned title in 2016, I paid debt to get title

He is saying the bill of sale means nothing . I paid 1300 cash for truck 500 debt to creditors for title now he saying I owed him 2000 more and he going to go get truck

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 18, 2020

The bill of sale does mean something. If you paid him 1800 and have a bill of sale and he refuses to give you the truck you can have him arrested for theft by deception 1st degree, in addition to suing him civilly. Good luck!

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Alabama on
Q: I bought a Mobile Home from a individual and I have the bill of sale on it and my husband and myself decided to just

Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »

Sheila Crumley Field
Sheila Crumley Field
answered on Aug 18, 2020

You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: What can I do when executor is running up expenses?

My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... Read more »

Jack T. Carney
Jack T. Carney
answered on Aug 14, 2020

I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Alabama on
Q: My boyfriend borrowed a friends car (no insurance on car) with her permission. Something broke on the front end and he

Wrecked the car but didnt hit anyone else. She is threatening to press charges against him if he doesn't buy her another car by end of the week. The wreck just happened last night. Can she do that?

Samuel G McKerall
Samuel G McKerall
answered on Jul 9, 2020

No, under the facts as you have given them she cannot do that. On the other hand, if it turns out he did NOT have her permission, then she can, but it won't get her anything since he will then have to be spending money on a criminal defense attorney.

But beyond that, and there's...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: If the picture on the deed an a servey don't match what does the law say or do
Amanda B Cook
Amanda B Cook
answered on May 1, 2020

There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.

1 Answer | Asked in Bankruptcy, Civil Litigation and Lemon Law for Alabama on
Q: I purchased a car 5 months ago and was told that the car is now being repossessed by lein holder that I was unaware of

And also included in a bankruptcy filing but the two involved in selling the car to me or trying to get me to surrender the car to them or else I am in trouble with the law

Timothy Denison
Timothy Denison
answered on Mar 15, 2020

If you have title, it is someone else’s problem.

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Accident happened in Tennessee I live in Alabama the defendant is a national corporation with place's of business in Al.

Can I file a Federal lawsuit in Alabama

J. Brent Burney
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J. Brent Burney
answered on Feb 28, 2020

This is a very technical question that will depend on in depth analysis of the facts. I would suggest you schedule a meeting with an attorney that routinely practices personal injury law in the Federal courts.

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