Get free answers to your legal questions from lawyers in your area.
answered on May 15, 2011
Normally a suit is brought under one or more of the following: Breach of Contract, Open Account, or Stated Account (Account Stated). The allegation stated in the lawsuit determines the statute of limitation (SOL).Normally in Alabama a breach of contract action is a six year statute of limitations.... View More
answered on May 15, 2011
Really this just depends on your situation. When you file bankruptcy you must list all of your assets. Failing to do so is a crime upon a federal court (very serious). If your house is paid for it might be a better option to try to negotiate with your creditors. Chapter 13 might be a good option... View More
answered on May 11, 2011
As soon as you receive your bankruptcy discharge, you will be able to qualify for some basic consumer loans, although at a higher interest rate. The good news is most lenders state that it takes no more than four years to reestablish a normal credit rating provided you pay debts currently and make... View More
answered on May 11, 2011
Comparative negligence is a rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party directly involved in the accident. Comparative negligence can reduce the award of damages to the plaintiff in proportion to his/her fault. Comparative... View More
answered on May 11, 2011
All actions against health care providers must be commenced within two years after the act or omission giving rise to the claim; provided, that if the cause of action is not discovered and could not reasonably have been discovered within the two-year period, then the action may be commenced within... View More
1979 filing wherein minors were by affidavit of Trustee of Will to be above 21 and no guardian was hired during pendency of probate case.
answered on Apr 21, 2011
In actions based on fraud that would otherwise be barred by the statute, the claim is not considered as having accrued until the aggrieved party discovers the fraud, after which he has two years in which to commence his action. [Ala. Code §6-2-3]
answered on Apr 21, 2011
Not necessarily. It really depends on what your total situation is. If you are just trying to get a license for a job or other reasons you should contact the district office that works the county where the retail establishment is located and they should be able to provide all of the necessary... View More
answered on Apr 20, 2011
Under Ala. Code §6-2-37, Actions for monies due under open or unliquidated account shall be brought three (3) years from date of last
item on account or from when, by contract or usage, the account is due.
answered on Apr 14, 2011
The general rule is that spousal privilege cannot be invoked after a divorce. The privilege does, however, generally survive the divorce; that is, a person can be prevented from testifying about confidential communications with an ex-spouse made during the marriage.Either spouse can invoke this... View More
For a person with an income tax lien filed, can the State of Alabama file a garnishment on their checking account?
answered on Apr 12, 2011
In short answer, YES! Tax debts and liens are usually the hardest to deal with because they are extremely difficult to discharge. It is a priority debt and usually will be paid first and is rarely discharged. However, if payment is an issue there are ways to try to negotiate the debt and/or settle... View More
answered on Apr 12, 2011
Section 8 has income limits that must be observed. If your home is above a certain income limit you lose your Section 8 eligibility. Please see the link below to determine the amount for your area.
http://www.huduser.org/portal/datasets/il/il2010/select_Geography.odn
answered on Apr 12, 2011
Under Alabama state law, Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in specific sections of the statute. It really depends on if your father was married and how many other children are living. See the Code of Alabama Section... View More
answered on Apr 12, 2011
Federal law says that many federal benefit payments like Social Security benefits, Supplemental Security Income benefits, Veteran’s benefits, and Railroad Retirement benefits are not subject to garnishment. This means that these funds are exempt and you may be able to stop your creditors from... View More
answered on Apr 12, 2011
My best recommendation would be to call the attorney, assuming that you used an attorney, that filed the bankruptcy for you. It is possible that the attorney will still have the information. If not, you might try the courthouse. Of course there will be a fee for the copies. There are many services... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.