Ask a Question

Get free answers to your Civil Litigation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Civil Litigation for Alabama on
Q: How does one file a motion in small claims court in Autauga County Alabama to direct court to issue a notice of lawsuit

I file a small claims case against a neighbor who owe the property but he resides in Georgia. The court sent him a certified letter which he either refused or avoided. The Alabama civil codes provides for service by publication in a local newspaper if the defendant is avoiding service. The... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2019

Either learn some Alabama Procedure and file a Motion and Order for Service by Publication, or hire an attorney. It is not that difficult, and the newspaper will probably help you.

1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Q: i had a friend put parts on my used truck. we agreed to an amount. the problem came up about installments and times

i wasnt satisfied with work. his timeframe and damage he left

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2019

If the scope of work/payment conditions were reduced to writing, you could raise the issue that the work was not performed according to the terms agreed upon. If the job was handled more or less over a handshake, that could present some challenges in terms of reaching a fair and efficient... View More

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Alabama on
Q: I'm interested in filing a suit against let's eat out Incorporated

I have proof of the wrongs that were done to me at the Athens Alabama location and have proof that I reached out for help from people and higher positions and was ignored also there are for other people and similar situations with proof for their own wrong-doings by this company.

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2018

Based on the limited details here, it could be difficult for an employment attorney to advise you whether or not you have a valid claim. If you consulted with an employment attorney, you could at least learn what timeframes you need to take action before to preserve your legal rights if they... View More

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: what are my options to hold an officer accountable for violating several of my rights during a routine traffic stop?

is there no accountability to hold the officer accountable should he pull you over for no reason, lie about what he pulled you over for, fabricate some sort of probable cause evidence to search my car without my consent, forces me to stop recording the stop with my phone, two diff officers tell me... View More

Gary Kollin
Gary Kollin
answered on Sep 21, 2018

I told you on that without writing in sentences beginning with capitals and ending with periods, it is impossible to be certain enough to respond accurately. Your writing is a single run-on sentence.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Alabama on
Q: I was not notified in writing by LL and now he is stating that if I stay beyond 9/30/18 rent will be 3 times the monthly

I'm on a month to month and do plan to be out no later than Oct 13th but dont want to be battling him in court and want my security deposit back. However he sent in a text message that 9/30/18 would be my last month.

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 20, 2018

The landlord may not terminate your tenancy via text message.

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: during a traffic stop, can an officer lie to me about catching me on radar, then fabricate the speed he cites me for

my vehicle is equipped with an accurate speedometer,and i also employ an app that records my rate of travel along with the date and time and does so by GPS so is very accurate.both of my devices showed that i was traveling 43mph in a 40 zone,so i understand I was 3mph over,but during the stop, i... View More

Gary Kollin
Gary Kollin
answered on Sep 20, 2018

Are you seriously asking if a police officer could invent evidence ?

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Alabama on
Q: I was awarded my property in divorced 9yrs ago but the mortgage was in my exspouse name only

I lost it in a fire..total lost now theres escrow check and I want the loan company to send it to me what can I do..to have it sent to me and not my ex...Help in Alabama

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Aug 31, 2018

The draft from the insurance company should come to both the owner of the property (you ) and the bank You are entitled under the divorce to the net amount. If she were to get the check and refuse to endorse it to you, you can always go to the COurt to make that happen. You might start by sending a... View More

1 Answer | Asked in Family Law and Civil Litigation for Alabama on
Q: I'm trying to find 2 sets of court documents that I know exist: 1 civil case and 1divorce and I am unable to find in AL

one civil court case as defendant with a loss and one divorce case with children

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 27, 2018

What is your question?

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

My mother left me her personal belongings including the contents of her house and had the foresight to include a photographic inventory in her own hand. The house went to her husband in a right of survivorship but he died shortly thereafter and his heir is making things difficult. The heir made an... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jun 22, 2018

The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?

1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: I got a new car from the dealership. The car was not financed. I returned the car. The dealer says I owe them.

I traded in my vehicle. The dealership paid it off without the new car being financed. I asked if I could buy back my car I traded in...the response was no. The new car was never financed. Now the dealership says they're suing me for the cost of the new car that I returned. Can they do that?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 11, 2018

I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales... View More

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... View More

Kevin M Ryan
Kevin M Ryan
answered on May 6, 2018

The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your...
View More

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Alabama on
Q: Can I file an auto accident lawsuit in Alabama with no driver license and no SSN?

I was hit when the other person failed to stop at the stop sign causing personal injury and damages to my vehicle.

Peter N. Munsing
Peter N. Munsing
answered on Mar 28, 2018

Yes, but you should contact a member of the Alabama Assn for Justice --they give free consults.

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Libel & Slander for Alabama on
Q: I'm renting a home on a month to month leases. I have rented property 3 months, & rent & water was drafted each week.

The Landlord sold property out from under me,&had said that I could buy the property & home ,having first choice of buying. The Landlord has made things inhabitable&unsanitary by cutting off the water. I dont know if property has sold or not, because Landlord has lied & mislead me... View More

Samuel G McKerall
Samuel G McKerall
answered on Dec 11, 2017

The standard drill would be for me to tell you to hire a lawyer but I can tell you can't afford one. We do have legal aid in some counties in Alabama, but with your response due tomorrow (well, today, now - Tuesday) you don't have time to go to them to see if you qualify.... View More

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: i jointly own rental property in AL with my x-wife. We live in FL. Can a creditor attach a lien in AL for money I owe?

Property in AL titled survivorship warranty deed fee simple.

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land.... View More

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on
Q: I paid someone $3,000.00 for a mobile home. There was a signed contract, but he didn't deliver it or refund the money.

He gave me the option of either continuing to wait on him or receive a full refund

I asked him for a refund and he assured me that he would refund me the money. I have not received the refund yet. Can I file a police report?

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

Yes, I would file charges against him.....it's called "theft by deception!" good luck....

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: If medical is left open am I entitled for gas mileage reimbursement and how far back can I file for remimbursment
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Call the attorney who worked on your c & r

Generally you only get mileage under certain circumstances.

1 Answer | Asked in Civil Litigation and Juvenile Law for Alabama on
Q: My son is 17 and lives with me. He doesn't want to live with me anymore. He is on my lease. Do I need a eviction notice?

Am I still responsible for him if he leaves?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 27, 2017

Yes you are responsible for him! He is a minor and not an adult. He is not on your lease as a renter (he can't be, he is a minor). You need to talk to a lawyer in your county about a CHINS petition or something similar.

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: Private road that runs over several others private property. Files and laws

Can an individual forcefully apply red clay to the private property private road without approval then sue the individuals for money to pay back for red clay?

Samuel G McKerall
Samuel G McKerall
answered on Sep 28, 2017

No, unless they asked him to do it, in which case the answer would be yes. Well, actually, anybody can sue anybody, but if no one asked him to do it and he sues anyway he will lose.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or...
View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: hi, if i dont have rent a centers items when they come collect will i he arrested?
Samuel G McKerall
Samuel G McKerall
answered on Sep 18, 2017

Not right then, although you may be arrested later, depending on the reason you don't have the items.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not...
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.