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Alabama Questions & Answers
0 Answers | Asked in Military Law, Personal Injury and Workers' Compensation for Alabama on
Q: Can I seek compensation for exposure at Fort McClellan, AL?

I served at Fort McClellan, AL, from 1994 to 1995, and the base was later closed due to contamination with biological agents. I'm experiencing numbness in my legs, and I've been advised that a specific test is necessary to confirm exposure. Although I sent my information to the VA,... View More

0 Answers | Asked in Real Estate Law and Contracts for Alabama on
Q: Is a 13.2% interest rate on a land contract usury in Alabama?

I entered into a land contract a year ago with a 13.2% interest charge. The interest rate was disclosed and agreed upon in the contract, and I've previously consulted with an attorney about this issue. I'm seeking guidance on whether this rate might constitute usury under Alabama law and... View More

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Alabama on
Q: Can landlord demand utilities after pre-termination without cause in lease agreement?

I'm planning to pre-terminate my rent contract without just cause. The contract states that the lessor shall not have any further recourse or remedy under law or equity, provided no cause exists for the lessor to terminate the lease had the lessee not terminated it first. Can the landlord... View More

0 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: Police searched my house with wrong address warrant in Alabama. Why?

On May 2nd, 2025, police came to my house with guns drawn, demanding that I get on the ground. They handcuffed me and searched my house without showing a warrant or even asking who I was. They were looking for someone I don't know, related to a truck allegedly hidden on my landlord’s... View More

1 Answer | Asked in Probate, Civil Litigation and Real Estate Law for Alabama on
Q: Sibling dispute over truck ownership in Alabama after brother's death without a will.

My brother passed away without a will, and nothing has been put into probate. There are 5 siblings as next of kin. He owned a truck, which my brother advised me to take the night he died so no one would mess with it. He has since transferred the truck to his name using a next of kin affidavit and... View More

James Blount Griffin
James Blount Griffin
answered on Jun 20, 2025

There is something called "intestate succession" which applies through the county probate court when someone dies without a will. But it does not "start itself." Unless somebody files a petition for letters of administration, no one is officially in charge of your... View More

0 Answers | Asked in Divorce, Real Estate Law, Civil Litigation and Family Law for Alabama on
Q: Can a real estate commissioner lower house price without owner consent in Alabama divorce case?

In a civil matter regarding the sale of my home following a divorce three years ago, a court-appointed real estate commissioner is overseeing the sale. The commissioner appears to have complete legal authority to make decisions such as lowering the home's price without consulting us, the... View More

1 Answer | Asked in Bankruptcy and Civil Litigation for Alabama on
Q: Was I misled in my Chapter 13 bankruptcy regarding my car's cramdown and value in Alabama?

I filed for Chapter 13 bankruptcy in December 2022 and have paid over $14,800 into my plan to keep my 2017 Honda Accord. The plan lists my car value at $20,000 with an 8% interest rate, but my original loan statement says 6.64%, and the actual estimated car value due to prior accident damage was... View More

James L. Arrasmith
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answered on Jun 20, 2025

It sounds like you were not fully informed about all your legal options when your Chapter 13 plan was developed, especially concerning the cramdown. A cramdown allows you to reduce the loan balance on your vehicle to its actual market value if certain conditions are met, such as if the loan was... View More

0 Answers | Asked in Criminal Law for Alabama on
Q: Will my probation be revoked for a new felony drug charge in Alabama?

I've been on probation in Alabama for three years without any violations and have two months left on a 15-year sentence. Recently, I was charged with felony possession of meth in a neighboring county. Although I have a history of past possession charges, my probation stems from different... View More

1 Answer | Asked in Education Law and Family Law for Alabama on
Q: How to grant educational guardianship to attend school in brother's district in Alabama?

I want to grant educational guardianship to my brother so my 14-year-old child can attend the school zoned in his district. My child previously attended this school before we moved. Currently, my brother has no legal rights over my child. What steps do I need to take to establish guardianship, and... View More

LeTonya F Moore
LeTonya F Moore
answered on Jun 20, 2025

In Alabama, there is technically no educational guardianship, however, there is a path with limited guardianship. This is where one is granted guardianship for a specific purpose. I would suggest you reach out to an attorney who handles guardianships, as the guardian would have to be appoint... View More

0 Answers | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Alabama on
Q: Charged $1200 for 2x2 carpet replacement after breaking lease. Lease lacks specifics.

I lived in my apartment for 1 year and 9 months and was charged a break of lease fee as expected. However, the apartment complex also charged me $1200 for carpet replacement, citing a small 2x2 section that needed replacement. My lease does not mention carpet charges, and I believe this fee is... View More

Q: Can I call the police for intimidation and unauthorized vehicle entry during child exchange in Alabama?

I have two children, a 3-year-old boy and a 9-year-old girl, and we meet at a truck stop gas station to exchange the children for parenting time. The issue is that when it's time for the children to go back to their mother, she and the maternal grandparents surround my vehicle, open the door... View More

James L. Arrasmith
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answered on Jun 16, 2025

Yes, you can and should call the police if someone is entering your vehicle without your permission, especially during a court-ordered child exchange. Unauthorized entry into a vehicle, even by a family member, is not permitted under Alabama law and may constitute criminal trespass or even theft if... View More

1 Answer | Asked in Probate and Estate Planning for Alabama on
Q: Mother passed, no Will found, house probated; need advice on accessing bank accounts and managing estate.

My mother recently passed away, and we cannot find her Will. The house she lived in was originally in my father's name, and she went through probate to keep the house after he passed. All her bank accounts were solely in her name, except for one that I co-owned. The probate court gave me a... View More

James Blount Griffin
James Blount Griffin
answered on Jun 16, 2025

What you are discussing is "intestate succession." "Intestate" means someone died without a testament, or will. You will need to file a Petition for Letters of Administration, under which you, or another relative, would obtain authority to close bank accounts, change locks,... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: Can temporary Airbnb stays risk alimony by implying cohabitation?

I am a permanent resident of Tennessee and am dating a woman in Alabama who lives with her daughter and family, using that address as her permanent residence. I have rented Airbnb properties for us on two occasions for 2-4 nights to spend time together away from her daughter's family, which I... View More

Stormie McQuain Slaton
Stormie McQuain Slaton
answered on Jun 15, 2025

Under Alabama law, cohabitation as it relates to alimony termination is a fact-specific inquiry. Courts look beyond general labels to examine the substance of the relationship and the living arrangement, typically applying a “relationship” test — i.e., a relationship akin to marriage,... View More

0 Answers | Asked in Probate, Personal Injury and Civil Litigation for Alabama on
Q: Can I contest a suspicious will and sue estate for abuse in Alabama?

I am involved in a family estate matter in Alabama following the death of my uncle, who had no children. He passed away with a will that was created just three days before his death, whereas he previously had no will. My cousin sent me a certified letter with a document to sign and notarize... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: How can I serve divorce papers to my missing husband in AL?

I want to file for divorce from my husband, who moved out 3 months ago and is currently somewhere in Huntsville, AL. We have no minor children and no mutual friends, and he changed his phone number and deleted his Facebook account, making it difficult for me to locate him. I'm unsure of how to... View More

James L. Arrasmith
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answered on Jun 13, 2025

When you can't find your spouse to serve divorce papers, Alabama law gives you a way to keep moving forward. You can start by filing for divorce with the court and making every reasonable effort to locate him—this is called a "diligent search." That means checking last known... View More

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Should I get representation for a dangerous dog hearing under Emily's Law in Alabama?

My dog got out of our home and bit a neighbor on the leg. It was a minor bite, and my dog has no history of biting or being vicious. Under Emily's Law in Alabama, I am facing a dangerous dog hearing, and I've decided to fight to keep my dog alive. Since the incident, my dog underwent a... View More

James L. Arrasmith
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answered on Jun 13, 2025

You're facing a difficult and emotional situation, and it's clear how much your dog means to you. Emily's Law in Alabama can have serious consequences, including the possibility of having your dog labeled as dangerous, which could lead to euthanasia. Even if the bite was minor and... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: What happens if I skip court for criminal damage charge?

I was arrested for criminal damage and have decided not to attend court as scheduled because I don't want to go. I've been warned that this will likely result in an arrest warrant. What should I expect to happen next, and what are my legal options?

James L. Arrasmith
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answered on Jun 12, 2025

It’s completely understandable to feel scared or overwhelmed about going to court, but skipping your court date will almost always make things worse. If you don’t show up, the judge will likely issue a bench warrant for your arrest. That means you could be picked up by police at any... View More

1 Answer | Asked in Employment Law, Public Benefits and Appeals / Appellate Law for Alabama on
Q: Help with $10,000 unemployment repayment demand after COVID-19 furlough.

In 2020, I was furloughed from my medical field job due to COVID-19. During my furlough, I was in an accident and expected to return to work in July, but the doctor I worked for retired, and the company no longer needed me. I found a front desk position at another doctor's office, but due to... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're dealing with this. You followed the rules as best you could during a time that was filled with confusion, job loss, injury, and uncertainty. The fact that you're now being asked to repay over \$10,000—after making good faith efforts to report everything and... View More

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Legal Malpractice for Alabama on
Q: Can a judge change a jury verdict without notice in Alabama?

I've been fighting a legal case for 22 years. During my trial, the jury returned a verdict for a lesser offense, but the judge changed the verdict to a charge that neither I nor the jury was aware of, violating my 6th Amendment rights. My lawyer did not file an appeal, and I learned that this... View More

James L. Arrasmith
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answered on Jun 11, 2025

A judge has no power to alter a jury’s guilty verdict or convict you of a crime that wasn’t submitted to the jury in the indictment or instructions. Any change to the verdict post‐trial without your notice or an opportunity to object violates your Sixth Amendment right to jury trial and the... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Alabama on
Q: Stay-at-home mom seeking divorce; custody, support, and property division issues.

As a stay-at-home mom with no income, how can I get a divorce? I have three children, two of whom are minors and would live with me. We share property in Louisiana, and I have no financial support or access to my spouse's bank accounts. How soon would spousal support and child support be accessible?

James L. Arrasmith
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answered on Jun 11, 2025

You're in a tough position, but you’re not without options. In Louisiana, you can file for divorce even if you have no income. Once you file, you can immediately request temporary orders for child support, spousal support, and custody. These temporary orders are designed to provide financial... View More

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