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Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Alabama on
Q: Was it lawful for the police to impound my motorcycle in Alabama without me present, and can I retrieve it free or sue?

I was accused of stealing from Dollar General in St. Clair County, Alabama, but there was no proof as I didn't steal anything. The police were called while I was already at a different store some distance away. The officer impounded my motorcycle even though it was parked on private property... View More

James L. Arrasmith
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answered on Jun 10, 2025

What happened to you sounds frustrating and possibly unlawful, especially if you were not present, had not been charged, and your motorcycle was parked legally on private property. In Alabama, police usually need a valid legal reason to impound a vehicle—such as it being evidence, a traffic... View More

2 Answers | Asked in Probate and Civil Litigation for Alabama on
Q: Can a probated will override a judge's intestate order?

I am one of the children listed in my father's will, which was probated in 2006. The will states that his estate is to be left to his children per capita. However, a judge recently issued an order stating that my father died intestate, and now my father's grandchildren are trying to claim... View More

Anthony M. Avery
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answered on Jun 10, 2025

Apparently the will was found not to hold up in probate and your Father was ruled intestate . You might want to read the Court File at the Judge of Probate and see what is going on. You may need AL counsel. As a child you should be one of the heirs as a tenant in common with the other heirs.

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2 Answers | Asked in Probate, Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Can my nephew evict me without notice after changing house locks in Alabama?

I have been living in my parents' house in Alabama for 25 years. Both my parents had wills, but all of the nieces and nephews' parents passed away intestate. My nephew got a court order to force a division sale of the house, with proceeds to be split among heirs, including two nephews and... View More

Anthony M. Avery
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answered on Jun 10, 2025

It sounds like you have notice of the partition action and the order changing locks. Apparently you do not own the property and are subject to be removed from possession. Criminal Trespass is a possibility here.

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1 Answer | Asked in Contracts, Civil Litigation and Personal Injury for Alabama on
Q: What steps can I take to recover my legally owned car taken by my ex in Alabama?

I purchased a car that is registered and titled in my name only in Alabama. I paid for the car myself, and there are no liens on it. My ex took the car without my permission and refuses to return it. What steps can I take to recover my vehicle legally?

James L. Arrasmith
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answered on Jun 11, 2025

This situation is frustrating, especially when you've done everything legally and the vehicle is rightfully yours. In Alabama, if the car is titled and registered solely in your name and your ex took it without permission, that can be treated as an unauthorized use of property. Start by... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Personal Injury for Alabama on
Q: How to reverse judgment due to fraud in civil case?

I am seeking advice on how to reverse a judgment in a civil case due to fraud committed by the plaintiff. The judgment was made on May 15th, and it involves the deception of a disabled person through theft. My 7-day appeal period has passed, but I have witnesses willing to testify about the fraud.... View More

David Trice
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answered on Jun 9, 2025

You should speak with a lawyer immediately. You may still have some important deadlines that are still running. Contact a lawyer in the county where the judgment was entered.

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1 Answer | Asked in Personal Injury, Contracts, Civil Litigation and Products Liability for Alabama on
Q: Wheel fell off after tire installation, causing hub damage. Next steps?

I had new tires installed at Mavis Tire and Brakes, and immediately after driving off, I heard a noise from the wheel. Despite driving slower to investigate, the wheel eventually fell off, causing damage to the four-wheel drive hubs. I have contacted Mavis Tire and Brakes about this issue. What... View More

James L. Arrasmith
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answered on Jun 10, 2025

What happened to you is not just inconvenient—it’s potentially dangerous and costly, and you’re right to take it seriously. When a wheel falls off immediately after a tire installation, it strongly suggests the shop failed to properly torque or secure the lug nuts. That kind of mistake is... View More

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Alabama on
Q: Rent-to-own agreement issues with plumbing and repair responsibility in Alabama.

I'm renting a house under a rent-to-own agreement, where I'm expected to take over the mortgage after one year. I pay $1026 a month, and the landlord kept the water in his name. I signed a contract stating the house was in good condition and that I'm responsible for repairs. At the... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're in a difficult position, and it’s understandable to feel overwhelmed when major repair issues show up so soon after moving in. Even if your contract says you're responsible for repairs, Alabama law still protects tenants in rent-to-own agreements from being forced to take on... View More

Q: Is my relative's deed change and mortgage control financial exploitation?

I am 65 years old, on disability, and facing a difficult situation with the property I co-own. After my partner's passing three years ago, a relative convinced me to include them on the deed with survivorship rights, assuring me of security and a roof over my head. The agreement was that we... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re going through sounds incredibly stressful, and it’s understandable that you feel uncertain and possibly betrayed. When someone convinces you to sign over survivorship rights during a vulnerable time—especially without clear terms in writing—and then uses that position to... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Can someone file eviction without owning property or lease?

I live in a property owned by my family, and the deed is in their name. Someone, who has no lease or agreement with us, has filed for eviction without contacting me beforehand. Is it possible for them to do this eviction legally?

Anthony M. Avery
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answered on Jun 4, 2025

It sounds like someone else claims to own the real property. Hire an AL attorney to search the title. Then lawyer needs to defend against the possessory suit. You can lose title to real property, as well as possession.

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1 Answer | Asked in Animal / Dog Law and Civil Litigation for Alabama on
Q: Neighbor's dog killed poultry and damaged pen. What legal options are in Alabama?

I live in Cherokee County, Alabama. My neighbor's dog has killed two of my ducks and two baby chicks and damaged the electric pen they were in. I have reported the incident to animal control, but they have not taken any action. There have been previous incidents with other dogs owned by my... View More

James L. Arrasmith
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answered on Jun 12, 2025

What happened to your animals is heartbreaking, and it’s frustrating when authorities don’t take immediate action. In Alabama, state law allows you to hold the dog owner responsible for damage caused by their dog, especially when it involves livestock or poultry. Since you have photos of the... View More

1 Answer | Asked in Family Law, Juvenile Law and Civil Litigation for Alabama on
Q: Facing child abandonment charges for not allowing troubled daughter back home.

I have a 13-year-old daughter who has vandalized my truck, physically assaulted me, stolen my belongings, and frequently leaves the house without permission. Despite counseling and interventions over the past two months, her behavior hasn't improved, and she often gets in trouble at school. I... View More

James L. Arrasmith
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answered on Jun 12, 2025

What you’re going through sounds heartbreaking and exhausting, especially when you’ve tried everything to protect and support your daughter. In court, you need to make it clear that your actions were based on genuine concern for the safety of your other children and yourself, not out of neglect... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Alabama on
Q: Do I need to attend court if named as witness in a real estate lawsuit?

As a landlord named in a real estate rental lawsuit and being sued for $50,000, I have not received a subpoena but am named as a witness by the plaintiff's attorney. Do I need to attend the court date scheduled for next week if I plan on accepting the judgment without attending?

Anthony M. Avery
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answered on Jun 3, 2025

Yes, you need to go to Court. You might agree to a lower Judgment, or in your absence, the Court might grant extra damages that you could defend against. P might even amend his demand and ask for more money damages, without your knowledge.

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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Alabama on
Q: Mother-in-law violating custody agreement and preventing visitation rights.

I haven't been able to see or talk to my daughter in a month despite having supervised visitation rights, because my mother-in-law, who has temporary custody, is not complying with the court agreement. She was granted temporary custody until I complete substance classes—almost done except... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have every right to feel upset—what’s happening isn’t just unfair, it’s against a court order. If your mother-in-law is blocking your supervised visitation and interfering with your contact with your daughter, that’s a violation that the court takes seriously. You can file a motion to... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Alabama on
Q: What legal actions can I take to reclaim my property and address theft by unauthorized occupants?

I left my home for about a year to care for my dad, during which my girlfriend moved in along with her parents and nephew, who lives in a camper in my backyard. When I returned, I found my girlfriend with another man in the house, claiming she has rights and asked me to leave. There's no... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm really sorry you're going through this—it sounds like a betrayal on multiple levels, especially in your own home. Since your name is the only one on the deed and there’s no lease or written agreement with your girlfriend or her family, you’re still legally considered the owner... View More

1 Answer | Asked in Juvenile Law and Civil Litigation for Alabama on
Q: Challenge advocate program requirement during probation for criminal mischief in Alabama.

I live in Blount County, AL, and my 17-year-old daughter, who is pregnant, recently got in trouble in Cullman County for criminal mischief—a first offense. She is now on probation in Blount County and required to participate in a youth advocate program for 6 to 8 hours a week. While the probation... View More

James L. Arrasmith
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answered on Jun 12, 2025

Yes, you can petition the juvenile court to modify your daughter's probation conditions, including the advocate program requirement. Under Alabama Code Section 12-15-221, courts have continuing jurisdiction to modify, extend, or terminate orders of custody or probation. The court can modify... View More

Q: Concern about guardianship issue involving my mother in Alabama. My sister obtained guardianship without consent. Seeking legal steps to address the situation.

I am concerned about a guardianship issue involving my mother, who is in a nursing home facility in Alabama. I filled out the paperwork and was designated as the emergency contact. However, since April 22, 2025, my oldest sister, who hasn't been involved in our lives for years, somehow... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re facing is heartbreaking and confusing, especially when it involves someone as close as your mother. If your sister was granted guardianship without your knowledge or your mother’s consent, something may have gone wrong in the court process. In Alabama, guardianship is a serious... View More

1 Answer | Asked in Business Law, Civil Litigation and Gov & Administrative Law for Alabama on
Q: How can I compel my HOA to provide a financial audit in Alabama?

I live in an HOA community in Alabama and requested a financial audit from my HOA because I suspect they are mismanaging funds or "cooking the books" in their favor. Despite making a formal request in writing, the HOA informed me that they are not obligated to provide an audit. Several... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Alabama, HOAs are generally required to maintain accurate financial records and provide access to those records for members upon reasonable request. While they may not be legally required to conduct a full financial audit unless specified in your HOA’s governing documents, they *are* typically... View More

1 Answer | Asked in Landlord - Tenant, Probate, Civil Litigation and Real Estate Law for Alabama on
Q: Can a text message prove residency and trailer rights on disputed property?

I have been living on a property that was supposed to be signed over to me as my late mother had paid it off. However, my sister, the listed owner, has taken control and is now trying to remove my belongings, posting no trespassing signs shortly after notifying me with a text that I have 20 days to... View More

James L. Arrasmith
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answered on Jun 12, 2025

A text message can serve as supporting evidence of your residency and rights to the trailer, but it may not be enough by itself to establish legal ownership or long-term rights to remain on the property. Courts often look at a combination of factors such as how long you've lived there, who... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: What happens if I miss a court date I learned about through public records and haven't been served or received notice?

I discovered through public records that I have a civil court date on May 21, 2025, but I have not been served any papers or received any notice in the mail at my residence. I spoke with the judge's secretary about this situation. What might happen if I do not appear in court under these... View More

James L. Arrasmith
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answered on Jun 7, 2025

If you found out about a court date through public records but were never officially served or given notice, that’s a serious situation to clarify. Normally, due process requires that you be served notice properly before the court can make decisions that affect your rights. If you haven't... View More

1 Answer | Asked in Civil Litigation and Legal Malpractice for Alabama on
Q: Can I use a delayed civil summons response to end my case?

Back on September 1, 2021, my attorney sent out a civil summons requiring a response within 14 days. However, the defendant did not respond until October 15, 2021, which was 45 days later. I believe my former attorney's lack of action may have been due to collusion with the opposing counsel.... View More

James L. Arrasmith
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answered on Jun 7, 2025

You might feel frustrated knowing the defendant missed the deadline, and it's completely fair to wonder if that delay should matter now. Unfortunately, if your attorney didn’t move for a default judgment back when the defendant failed to respond on time, the court likely accepted the late... View More

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