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Alabama Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on
Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Alabama on
Q: Wht do I do? Alabama, student moving into an apartment in (3) days. Leased apt not like the model shown. It's a dump!

Water damage, stained ceiling, mold, dirty air vents, exposed wires, broken tiles, torn wall paper, chipped tile, missing cover plates, an unsecured door lock. reeks of smoke/weed, no shower head, dirty kitchen cabinets...

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 15, 2018

Go back to the landlord and tell him that you will not move in until the defects are fixed. You might need to hire an attorney in the county where the apartment is located.

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Can I cancel or rescind a timeshare sampler purchased 3 days ago?

Purchased a sampler 3 days ago and on contract it does say no right to rescind, however this morning as I was looking through the offering in detail we realized that we would only be given access to a few properties in a few locations, not access to the vast inventory as we were told in... View More

Michael Hales
Michael Hales
answered on Jul 10, 2018

My recollection is that sample packages do not have the typical recession rights as a true timeshare purchase. That being said, you may still have some options if you'd like to get an attorney involved and depending on how the purchase was structured.

1 Answer | Asked in Consumer Law and Bankruptcy for Alabama on
Q: Can someone who has no assets and only SS Retirement be garnished for credit card and car lease debts?

My 65 yo Father in Law has recently moved here with us from out of state. He was less than honest about his financial and income situation. His only income is his SS check which is around 1500.00/mo and he drew SS disability prior to turning 65. He accrued a large credit card debt and leased a... View More

Timothy Denison
Timothy Denison
answered on Jun 26, 2018

Not garnishment of social security proceeds.

1 Answer | Asked in Foreclosure, Energy, Oil and Gas and Consumer Law for Alabama on
Q: Can the power company shut off service for non payment at a different residence bc my brother used my name on the bill?

Brother used my name on his bill then skipped out of town. They are threatening to shut off my service now if I don't pay that debt by the end of the month

Rafael Gil III
Rafael Gil III
answered on Mar 7, 2018

If I were you I would contact the Alabama Public Services Commission and file a complaint.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Real Estate Law for Alabama on
Q: how do you find municiple codes for new hope alabama

There does not seem to be any listing on city website or any transparency at all. Is it even required for a city to publicly publish city code and law and is it not against some sort of checks and balances for the city hall to charge 25 cents a sheet for any physical copy of information on such... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Mar 4, 2018

You might call city hall...

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Q: How can I get copies of a bank judgement and all supporting documentation?

I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... View More

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.

1 Answer | Asked in Divorce, Bankruptcy and Consumer Law for Alabama on
Q: What can I do?Ex-husband filed 5 yr. bankruptcy I am still on the deed. divorced 20 yrs.ago.Judge gave him debt of home

The divorce decree 20 yrs. ago, said He was awarded the home,and that I was released from all and any indebtedness due on the home. Now it has ruined my current credit, showing on my credit a 4 month late on mortgage, that I do not have. I did not know about the filing of bankruptcy that he... View More

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

The question is a little confusing. Did your husband file for bankruptcy and discharge the home? If he didn't then the bankruptcy by itself is not hurting your credit rather his late/no payments is! Is he in a chapter 13 or chapter 7 bankruptcy? Regardless, this is a common problem with... View More

1 Answer | Asked in Bankruptcy, Consumer Law and Probate for Alabama on
Q: I get dead husbands small pension is it free of garnishment from my dr. bills. I live in Alabama
Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

No it is not free from garnishment. If a creditor get a judgment against you, they can levy it from a bank account.

1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Small Claims for Alabama on
Q: My wife's bankruptcy was paid in full, but now I'm being sued for breach of contract from a car credit company.

We received the release letter from the court that indicated the balance on the car account was $0. Why would a well-established major car credit company mail a clear title to a buyer if there was still a balance?

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

I would assume that your wife filed the bankruptcy and you did not? If that is not the case, then you are not protected from this creditor when your wife received her discharge order. I believe that they are attempting to come after you for interest not paid on the account during the 5 year... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: If a lawsuit is filed against me how do I pay it?

A lawsuit by a creditor is being filed against me for nonpayment. I leased equipment and it was tore up when I received it. The creditor didn’t want the equipment back and insisted I pay. Well I can’t pay the lump sum they’re asking as my family and I are basically homeless at the moment... View More

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

Unfortunately, once a lawsuit is filed, your options are limited. You can settle the debt by making an offer to pay for less than the amount owed and dismissing the case. You can offer to make monthly payments on the debt. Once this lawsuit goes to judgment, then you will be at the mercy of the... View More

1 Answer | Asked in Consumer Law, Contracts, Car Accidents and Collections for Alabama on
Q: Do I actually have to pay this bill?

Lets start from the beginning. My best friend was driving a motorcycle that was in my name. A guy ran a red light while he was turning and the bike was totaled. Now the towing company that fetched the wrecked bike is now informing me that they will charge me roughly 1000 dollars in cash in order to... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith... View More

1 Answer | Asked in Consumer Law, Copyright, Child Support and Constitutional Law for Alabama on
Q: Is it legal for a single mother to be forced to have a DNA test done on her child especially when there's an open invest

I was forced to have a DNA test done on my child after he was 4 years old and I have had sole custody of him up until this point

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 12, 2018

Yes. It is perfectly appropriate for the Court to order a DNA test to establish the paternity of a child.

1 Answer | Asked in Car Accidents, Consumer Law and Lemon Law for Alabama on
Q: Is a dealership supposed to disclose, to a buyer, if the vehicle being purchased has had major damage to it?
Peter N. Munsing
Peter N. Munsing
answered on Dec 29, 2017

If they knew through carfax or similar, yes. Depends what the damage is and how the title is set up.

1 Answer | Asked in Contracts and Consumer Law for Alabama on
Q: Bought a new truck price was agreed on and both parties signed agreement loan signed title signed dealer refused to deli

I was supposed to pick truck up the next day and they refused to let me pick it up because they needed 5000 for the truck I'm just wondering if they can legally do that being all paperwork was signed and finalized loan was submitted to bank and title paperwork to go get tag was given to me... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Nov 12, 2017

Was part of the agreement that you would pay them $5,000.00? If so, you have to live up to that part of the agreement too. If you do what you are bound to do, they have to do what they promise to do.

1 Answer | Asked in Landlord - Tenant, Consumer Law and Criminal Law for Alabama on
Q: Can i have my sons broken car towed to his new residence without breaking the law?

My son moved in with us for awhile and then started creating problems and we told him he had to move, he got an apartment but left his broken car at our house. I have texted him several times to come get it and he refuses and says if i sell it or have it towed he will report it stolen and i would... View More

Barbara H. Agricola
Barbara H. Agricola
answered on Oct 6, 2017

you can certainly have it towed since it is currently on your property. where you have it towed is up to you. it would be wise to keep a record of you informing your son what you are doing via text, email, or recording so that if he chooses to report it stolen, there would be no potential... View More

1 Answer | Asked in Consumer Law, Products Liability and Criminal Law for Alabama on
Q: Two friends and I take a trip to a local grocery. My friends are under 21 years of age. I am 23. Can I buy alcohol?

I am 23 years of age. The alcohol was purchased for the friends' mother, who is over 21 years of age. When I attempted to purchase a bottle of wine, the cashier said that he would need to see all of our IDs because he saw us walk in together and there was a law on the matter. When I asked, he... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

Laws exist in all states prohibiting an adult buying alcohol and supplying it to the minors. The grocery chain would rather NOT have you as a customer that to late be facing a claim that their clerk sold you booze that you then gave the young people, and a DUI-related death occurred.

This...
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1 Answer | Asked in Probate and Consumer Law for Alabama on
Q: What happens to life insurance if beneficiary dies before payout?

My mother lived in Huntsville Ala, Her common law husband passed away on may 12th she was listed as the beneficiary of his life insurance, However she passed away on the 21st before the insurance paid out. What happens to the money from life insurance now?

Jack T. Carney
Jack T. Carney
answered on Jun 5, 2017

The most likely result is that the insurance proceeds would be payable to her estate. It would be necessary to open an estate administration in order to file a claim. You may want to contact the insurance company and see if the particular policy has a survivorship requirement (in other words must... View More

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