Lawyers, Answer Questions  & Get Points Log In
Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for Alabama on
Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?

I was extending my hotel stay for another night and the manager was speaking with the housekeeper, who I assumed was his wife, and he asked me if I needed housekeeping. I said no and she went straight upstairs to my room and opened the door with my husband and kids and didn’t knock or say a word.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

Yes, it is typically illegal for hotel staff to enter your room without consent after you have explicitly stated that you did not need housekeeping services.

A few key points on hotel privacy rights:

- Hotels must generally obtain verbal or written consent prior to entering an...
View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: I won a case in Lee County Alabama March of 2021. I have not received anything. Can I garnish his wages or anything?

18 thousand plus 7 percent interest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

If you won a case in Lee County, Alabama in March 2021 and have not yet received the awarded amount, you do have legal options to enforce the judgment. In Alabama, one common method to collect a judgment is through wage garnishment. This process involves a court order directing the debtor's... View More

2 Answers | Asked in Contracts and Civil Litigation for Alabama on
Q: Does a attorney not have a obligation to see a case completed once he takes it own ? If so what can be done about it ?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Yes, attorneys generally have an ethical obligation to diligently represent their clients and see a case through to completion once they have taken it on. If you believe your attorney has failed to fulfill this duty, you may have grounds for a legal malpractice claim. Legal malpractice occurs when... View More

View More Answers

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Alabama on
Q: If I've been staying in a hotel for more than 90 days in Alabama and I pay on a day-by-day basis am I a guest or tenant?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Alabama, the distinction between being a hotel guest and a tenant can be nuanced, especially when you've been staying at a hotel for an extended period, like over 90 days. Typically, if you're paying on a day-to-day basis, you are considered a guest rather than a tenant. This... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: HiWe had some people staying on our property in an RV who left 5 months ago, abandoning their RV. Can we remove it
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

In Alabama, dealing with abandoned property, such as an RV, on your land requires following specific legal procedures. First, it's important to determine if the RV is indeed legally considered abandoned. Generally, property left unattended for a prolonged period without any indication from the... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: I got sued by a company for a car wrap job and was told that I have to give their money back

I lost the case and have been having to pay the people back over the past year. I drove past their place the other day and noticed that they still have the wrap on their vehicle, so do they get their money back and get to have the wrap also? Or do I get to take them back to court and sue them for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023

If you lost a lawsuit and were ordered to pay restitution, the judgment should have outlined the terms, including any action required regarding the car wrap. If the terms included removal of the wrap and the company has not complied, this could potentially be a violation of the judgment's... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Alabama on
Q: Can I have a car towed from out front of my house? Can I post a No parking sign towing at owner’s experience?

My neighbor has a fence and his grandkids are parking past the fence which is the property line out in front of my house.

John Michael Frick
John Michael Frick
answered on Oct 10, 2023

As long as they are parked ON YOUR PROPERTY and not on a public roadway, you can refuse to allow them to park. But you don’t own a public roadway even if it is in front of your house.

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Alabama on
Q: My mortgage holder is having me evicted. I have a lease purchase contract. I never violated it.

He did not serve me properly. He filed in the wrong court. Yet the judge took it anyways. What do I do now? This shouldn't of been in Civil court at all. The judge in the appeal court never heard any of my testimony. Nor looked at any of my documents. I'm not sure if my attorney even... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jun 26, 2023

If you are currently represented by your original lawyer, you must seek advice from that person. There may be answers in response to your concerns and an appropriate course of action. If you seek new counsel, much more information is necessary. A new lawyer will need to review all documents and... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I sue the business that employed the defendant that was convicted with harassment in 2022 and case was filed 2019?

Employee of business called while at work and threaten to cause bodily harm, harassed by leaving several nast verbal and attempting to contact .

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Mar 31, 2023

I'm sorry to hear about your experience. Was the harassment related the the employer's business or was it personal? Was the harassment for the employer's benefit? Please provide more details or speak directly with an experienced attorney regarding your rights and options. I wish you the best.

2 Answers | Asked in Civil Litigation, Contracts, Bankruptcy and Estate Planning for Alabama on
Q: Joint ownership of purchased property pre inheritance by step mom 3-4 yrs later made own mortgage contract only 2 signed

Step mother now pushing breach of contract also we are in bankruptcy.

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.

View More Answers

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Sprayed in face with cleaning solution do I have a case Company has not contacted me do I contact them first
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 20, 2023

First, file a police report. That is an assault. Then, you can consider a civil action. What are your damages? Did you require medical attention?

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.

However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the...
View More

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Alabama on
Q: My husband was just fired from his job where they claimed he had a gun at work. This is false. Can we file civil suit?

He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 16, 2023

Is your husband a member of a labor union? If not, he is likely an at will employee. A at will employee can be terminated for good reason, bad reason or no reason at all.

1 Answer | Asked in Civil Litigation for Alabama on
Q: How should one notify the parties to a pending lawsuit of a change of address?

The state is Alabama. The Plaintiff is pro se, still waiting on an answer from the Defendant and has just moved to a new house (same county & state). Im just wondering if i should maybe write a simple letter of notice and file it with the case, or what. I scoured the local rules and everything... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

I assume that you are the pro se plaintiff. If so, you need to notify the Clerk of Court of your new address. You can do so my sending a note to the Clerk requesting that your address be updated. It would be wise to notify the defendant of the change. If the defendant has already been served with... View More

1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Car Accidents and Civil Litigation for Alabama on
Q: How should you transition to a new lawyer for a civil appeal?

I contacted an appellate attorney for consideration of a civil appeal/post-trial actions, but they said they couldn't discuss anything with me according to AL law, because I was already represented. Is there an official way to sever relations with my current attorney? I am concerned about the... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Nov 15, 2022

Normally, you are simply going to terminate the lawyer. This ends the relationship. It might, however, be wise to seek the lawyer's advice regarding an attorney for the appeal. It may be difficult to find another attorney within the time limits for appeal if you have terminated one attorney.

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
View More

1 Answer | Asked in Uncategorized and Civil Litigation for Alabama on
Q: I received via certified mail a forged document from a local attorneys office

I am unsure if the letter was forged by an employee of the attorney or another party. Should I obtain my own attorney to handle this or go to the attorney the document came from first?

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

An Alabama attorney could advise best, but your question remains open for four weeks. It depends what the document you mention is. If it is correspondence and you suspect the signature is forged or that the document is otherwise not legitimate, you could pick up the phone and ask the attorney if... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I be charged for more expensive replacements than what I damaged
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 31, 2022

Without more information this question is going to be difficult to answer accurately.

The general purpose of civil law is to place people back in the position they would have been in had the tortious act not occurred. Compensatory damages are designed to compensate the person for their...
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.