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Questions Answered by Nelson Craig Johnson
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 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.

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I signed a lease with a real estate company. Landlord has decided to sell the her home. Lease expires in October.

Owner's Agent notified me of owners need to inspect the premises. I requested that she wear gloves and mask. Owner said she would comply. I have extenuating health issues. Landlord has known about these issues. I was recently hospitalized for 4 days, because of a compromised immune system.... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

To give any specific advise an attorney would need to review your lease. I would suggest calling an attorney and forwarding him the lease agreement to determine a course of action appropriate to protect your interests. Because there is an upcoming showing time is of the essence. If it is a... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Do members of a Property Owners Association ( Homeowners Association) have the right to see contracts in Alabama?

The front entrance to our subdivision was damaged by a pickup truck. The Board approved a contract for repairs in excess of the insurance settlement. They used money from regular dues to pay the difference. I would like to have a copy (or at least see) the contract.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

I think it is more than reasonable for you to request a copy or to see the contract as you pay dues tot he HOA. Now if you are entitled to see that contract likely depends on the way the HOA was set up and the language of the documents drafted to create the HOA.

I would start by making the...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Alabama on
Q: Can an employer fire me because of an injury that happened almost 4 years ago?

I was working for a company as a temp worker and when I went to go do my drug test and physical I let the physician know that I had surgery on my neck, and when i went back to my job HR said that they are going to hold my hire date, I told them that I was fully released from the doctor that had... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 24, 2021

You should speak with an attorney experienced in the American's with Disabilities Act. I do not believe the answer to your question is going to be an obvious one, but it may fall within the ADA. Alabama is a right to work State, which means an employer can fire someone for any reason so long... Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: Can a company require covid restrictions at one location only when they own companies across 21 states?

They are only requiring corporate people to go home if unvaccinated. They do not require this for the entire company. If they fire someone would it be legal?

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

In general Alabama is a right to work state and a person can be fired for almost any reason. It is also likely fine for them to institute this policy for Alabama only. The limitation would be if you are protected under the ADA to avoid receiving the vaccination due to some pre-existing health... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can i press charges on someone who assaulted me while i was pregnant? I have pictures and videos proving it happened

i ended up having my baby at 26 weeks; she stayed in the NICU for 2 months and just came home a week ago.. i couldn’t press charges earlier due to my situation and being back and forth to the hospital but i do have evidence of the fight and a video of them saying they’d kill my baby .. I want... Read more »

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

It sounds like your primary question is how to start a criminal proceeding against the individual that assaulted you. For that you will just need to call the police and file a report. The criminal proceeding should take off from there.

If you are wanting to start a civil proceeding for...
Read more »

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 12, 2021

They have 30 days to file an appeal. If they fail to do so then they will have to pay you the amount awarded. If they do file an appeal then the entire case will be retired in a higher court as if there was never a judgement. In that instance, I believe it would be prudent for you to consult with a... Read more »

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2 Answers | Asked in Criminal Law and Traffic Tickets for Georgia on
Q: Is the state required to submit all body cam and dash cam evidence in the discovery?

What was categorized as a traffic stop was really an investigation. Allegations of a traffic violation could not be substantiated. Further allegations during the traffic stop stated that drugs were found in plain view but those allegations are unsubstantiated as well. Even during a sentencing... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

If exculpatory evidence exists the prosecutor is under an ethical duty to turn over that evidence.

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1 Answer | Asked in Municipal Law for Alabama on
Q: how much time will i have to do if i plead guilty
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

Would need a lot more information. Crimes you have been charged with, what you are pleading guilty to, are any other charges being dismissed as part of the plea, do you have a prior criminal history, etc.

1 Answer | Asked in Criminal Law for Alabama on
Q: How to determine a lawyer was not operating in-their area or practice. A business lawyer pose as a crimal lawyer?
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 10, 2021

Attorneys are licensed to practice by state or court system, not by area of law. While an attorney may have their primary focus on one area of law that does not mean they can't handle cases in other areas of law.

Attorney's do have a duty to be competent in their representation of...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... Read more »

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

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Criminal Law for Georgia on
Q: GA Weapons Carry renewal

I was denied my GA Weapons Carry Permit renewal because I was arrested in 2001 for marijuana possession. I previously renewed it 2 times without any problems. 20 years since only violation which was reduced to a (DC-6 disorderly conduct). No other violation and I am 52-years old. Is there a way to... Read more »

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

Some states do allow expungement depending on the types of charges. I am not sure about the charges considered or requirements to do so in Georgia. I would consult an attorney in your area familiar with this process. I know in Alabama, you would need to have completed all requirements of your... Read more »

1 Answer | Asked in Criminal Law and Identity Theft for Georgia on
Q: I have a warrent for identity theft If its my 2nd charge and I'm not on probation can i get a bond

If I pay the card ofd then turn myself in will it help

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

It will be up to the discretion of a judge if they permit bond. However, your alleged crime is not one that poses substantial risk of physical harm to others, so it is likely they would let you bond out, unless you have prior charges other than identity theft.

With regard to turning...
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1 Answer | Asked in Collections for Georgia on
Q: How to deal with creditor that try to contact me about a credit card and a loan in my deceased husband name.

Credit card and loan under his name only.

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

If you are not a co-signer or guarantor of the loan, then you would just need to inform them of his death. They may ask for a copy of his death certificate or obituary just to close out their file. If that does not satisfy them and end the communications, then you will need to send them a letter... Read more »

1 Answer | Asked in Health Care Law for Georgia on
Q: Can my wife Sue a hospital for physically restraining her arms and legs without her consent. There was no order by a DR.

There was no order from a Doctor to restrain her in her chart. There was no documentation in her Medical Chart of her being restrained at all. The Nurse that restrained her was not trained in the use of restraints. Furthermore, there were no notes or documentation in my wife's medical chart of... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 6, 2021

I would suggest you consult an attorney immediately because the facts discussed here lead me to believe you do have a claim against the nurse and the hospital.

I could see potential claims of medical malpractice, negligent training/supervision/hiring, assault, battery, false imprisonment,...
Read more »

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