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Questions Answered by Nelson Craig Johnson
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... View 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... View 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... View 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... View 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... View 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... View 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,...
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1 Answer | Asked in Adoption, Civil Rights, Elder Law and Criminal Law for Georgia on
Q: Can you sue the poor? How do you prove emotional trauma?

I’m a 20 yr old adult looking to sue my biological family for manipulating and controlling my adoptive mother along with the emotional trauma they have caused. It’s gotten to the point where her marriage is in danger and she often chooses my biological family over us. They’ve become so... View More

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

There is a lot to unpack in this question. First, you are not able to bring a lawsuit on behalf of another unless they are a minor over which you have custody, or they are incompetent to bring a suit on their own for some other reason and you are the guardian, custodian, or have a power of attorney... View More

1 Answer | Asked in Gaming for Alabama on
Q: Based on Alabama statute Section 8-1-150 -can i recover the losses we accrued at an illegal gambling establishment?

Illegal gaming/gambling establishment in bessemer al, at 1317 eastern valley rd known as “valley bingo”, operator name unknown, aka “Moe”, believed to be short for Mohammed. Full name unknown.

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 4, 2021

It appears as though you could potentially recover losses based on this statutory provision; however, I did not find a case where that statute had been used to do so from an illegal gambling establishment. I am also not sure of the legal ramifications (in a criminal context) for admitting to... View More

1 Answer | Asked in DUI / DWI for Alabama on
Q: Can ALEA overide a judges order

I received a DUI almost 10 years ago to the day that I received a second DUI I went before the judge my lawyer said it was best to plead guilty (court appointed) I did. I did everything I was ordered to do no infractions what so ever and had a Interlock device in my car until it was deemed... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2021

Can you clarify your question? What do you mean by ALEA overriding the judges order? Are you referring to them removing a restriction from your license or have they indicated they believe you still require a interlock device regardless of the judges order?

If the judges order for use of the...
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2 Answers | Asked in DUI / DWI and Cannabis & Marijuana Law for Alabama on
Q: My car was impounded in a residential parking lot parked, and the person that was sitting in the car was arrested.

He was “ high” and the keys was in reach of the person sitting. So they impounded my vehicle because he sitting in it this is in Tuscumbia, Alabama

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2021

I am not sure exactly what your question is, if you reply and clarify I would be glad to answer. I assume your question is about how to get your car back. If you know which law enforcement agency impounded the vehicle you can call and see if they will give you release instructions. If you do not... View More

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1 Answer | Asked in Child Support for Alabama on
Q: In the state of Alabama, child support ends at age 19. If the child is in college, does the child support continue?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 2, 2021

2013 Alabama Supreme Court decision in Christopher v. Christopher stated that, parents are no longer obligated to pay college tuition costs as a part of child support payments. However, if at the time child support was established or modified the parents made an out of court agreement for those... View More

1 Answer | Asked in Family Law and Child Custody for Alabama on
Q: My child's father has not been seen since I was 2 months pregnant.

He contacted me via text while I was pregnant, but never asked me about the baby. I always kept lines of communication open and told him he could ask at any time. My child is almost 1 now, he has not tried to make any contact. I changed my number (new phone) but he knows where I live. I have not... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 27, 2021

It sounds like the first thing that he would have to do is file a claim with the court requesting to establish paternity. Assuming he is the father and paternity is established he would then need to request sole or joint custody, or request that he be given visitation rights.

The key...
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1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a home "as is" and signed the paperwork after having the home inspected. Do I have any recourse?

I have already paid to have the foundation repaired; some of the joists weren't even supporting the house. I paid to have the roof repaired because the shingles on the back room were put on backwards. There are holes in the wall that were covered by tape which were painted over (latex over... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 23, 2021

As you stated you purchased the home in "as is" condition, so it is doubtful you would have recourse against the seller. Without having everything in front of me, the only option I could imagine against the seller would be if the seller mislead you as to the condition of the home. Alabama... View More

2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for Alabama on
Q: Is there a class action suit against Johnson & Johnson Consumer, Inc. involving OGX Renewing Argan Oil of Morocco Shampo

I have used these and my hair has been coming out by the handfuls. It is so thin on top you can see my scalp.

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 23, 2021

It appears this case was filed recently. Likely has a long way to go before any resolution is reached. If you are interested in becoming a class member you should keep tabs on the news surrounding this claim. The attorneys handling the claim are likely to put out information about how to contact... View More

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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... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 22, 2021

I believe based on the facts listed above your concerns are valid. I would suggest communicating with an attorney so that they can give you more individualized advise. However, there is a concept in Alabama called adverse possession. To give a very simplistic explanation, if you maintain use of a... View More

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