Alabama Questions & Answers

Q: Roommate violating lease giving keys out, lets others stay without her being there,wont lock door apt mgmt doing nothing

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Answered on Apr 17, 2019
Bruce Alexander Minnick's answer
IMO, the best thing you can do is to find some way to bury the hatchet with your roommate--because the landlord probably does not care who stays where as long as they pay their rent on time. No online lawyer can help you either.

Q: How long does it usually take to get a question answered? Alabama

1 Answer | Asked in Uncategorized for Alabama on
Answered on Apr 15, 2019
Timur Akpinar's answer
It could depend on how quickly an attorney who is familiar with the subject matter picks it up.

Tim Akpinar

Q: Is there a way to report that the custodial parent has failed to report her income?

1 Answer | Asked in Child Support for Alabama on
Answered on Apr 15, 2019
Kristine Jones' answer
Hello. It is not required that she report her income. He would need to file for a child support modification petition in order to recalculate the amount owed.

Best of luck!

Q: Grounds for a creditor to file an Objection to Confirmation of Plan

2 Answers | Asked in Bankruptcy for Alabama on
Answered on Apr 11, 2019
Timothy Denison's answer
Absolutely. It cannot hurt to file and Objection. Worst that happens is it is denied. Best case...you get paid. It is a domestic support obligation so he can’t bankrupt it.

Q: What does it mean to " Deposit a will" at Probate court ?

1 Answer | Asked in Probate for Alabama on
Answered on Apr 10, 2019
Frank Truncali's answer
Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the court, then another family member can start the process.

Q: I have a question about the "Open and Obvious Danger" law in Alabama. See details below. Is my complex liable?

1 Answer | Asked in Personal Injury for Alabama on
Answered on Apr 10, 2019
J. Brent Burney's answer
A landowner generally does not have a duty to warn of dangerous conditions that are open and obvious. In other words, if the dangerous condition is known, or should have been seen or observed by the injured party, the landowner is not responsible for injuries caused by the dangerous condition. The standard is based on what a reasonable person should have observed. The issue of whether a dangerous condition is open and obvious is typically a question that must be decided by a jury. In my...

Q: i had a friend put parts on my used truck. we agreed to an amount. the problem came up about installments and times

1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Answered on Apr 10, 2019
Timur Akpinar's answer
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 resolution.

Tim Akpinar

Q: Would it be seriously problematic if I self-published my original work before I receive my certificate of registration?

2 Answers | Asked in Copyright for Alabama on
Answered on Apr 9, 2019
Jason Brooks' answer
The date of confirmation of registration is the operative measure. The certificate is just documentary evidence for you to have at your disposal. So, as long as you have a registration number, you're protected.

Q: I need help with alabama state taxes. they say I owe $154,000. I live on social sercurity. I need pro bono help.

1 Answer | Asked in Tax Law for Alabama on
Answered on Apr 9, 2019
Bruce Alexander Minnick's answer
If the state of Alabama is coming after you for $154,000 in back taxes you must surely have more than sufficient resources to hire a very competent lawyer to help you get out from under the hammer above your head. Stop asking for pro bono help on this open forum. Try searching through the many profiles published by Justia to find a lawyer who will help you.

Q: Child support

1 Answer | Asked in Child Support for Alabama on
Answered on Apr 9, 2019
Mr. James Parrish Coleman's answer
They must have his address so they can serve him. If you want to move things along, help them find him.

Q: is it possible to re-open a settled WC claim if one feels they were misrepresented concerning the amount of settlement?

1 Answer | Asked in Personal Injury for Alabama on
Answered on Apr 8, 2019
J. Brent Burney's answer
I am not aware of any way that you can re-open the indemnity portion of your settlement at this point in time. Once the Judge signs the judgment it becomes final after 30 days.

Q: I am wanting to know how I can take possession of a vehicle from my kids grandparents and their dad?

1 Answer | Asked in Family Law for Alabama on
Answered on Apr 8, 2019
Mr. James Parrish Coleman's answer
You can't take some other person's property just because you want it. Who owns the vehicle? If you don't own it, and you don't have a judgment against the person who does own it, you have no right to it.

Q: Can I now contest an alimony judgement after 7 years

1 Answer | Asked in Divorce for Alabama on
Answered on Apr 8, 2019
Mr. James Parrish Coleman's answer
ALimony in gross or periodic alimony? The latter can be contested any time. The former cannot if it is in the nature of a property settlement after 30 days (or 4 months in the case of fraud or at any time if there is a fraud on the Court). I assume this is an Alabama judgement. You need a lawyer to look at this and make sure you have no relief under rule 60.

Q: When is it okay to sue a father for child support?

2 Answers | Asked in Child Support for Alabama on
Answered on Apr 7, 2019
Kristine Jones' answer
Hello, if you and the father are getting a divorce, then child support should be addressed. If you and the father were never married, then when he stops providing financial support equal to or greater than what the state believe his amount of support obligation for the child. Your child is owed a duty of support so if it is not being financially supported by the other parent, then you should seek that support for your child. It can't get it if you don't ask for it. Best of luck!

Q: I was hit in a car accident March 1st 2019 I had liability on my automobile the other driver was at fault do I have case

3 Answers | Asked in Car Accidents, Personal Injury and Products Liability for Alabama on
Answered on Apr 6, 2019
J. Brent Burney's answer
Yes, you would have a claim for the property loss, medical bills, pain, and suffering. You could also recover your lost wages if you have proof that you missed work as a result of the injuries suffered in the accident. The property claim is separate from your bodily injury claim. Thus, you can settle your property claim before you settle the injury claim. However, I would advise you to speak with an attorney before you speak to the insurance company.

Q: In the state of Alabama if a person dies intestate and owns a home that is paid for, has one living son and one deceased

1 Answer | Asked in Estate Planning for Alabama on
Answered on Apr 3, 2019
Jack T. Carney's answer
If a person dies intestate, that is without a Last Will and Testament, then the assets in the person's sole name pass to the "heirs at law" of that person. Assuming there is no spouse, the heirs at law are the children. If there is a deceased child, the children of that deceased child inherit the share their parent would have received had they been living. In your hypothetical and assuming there are no other family members, the home would pass 1/2 to the living son and 1/2 to the...

Q: My wife and I were married in Jan of 2017 she has left me in the house in her name took our son and Can I get custody?

1 Answer | Asked in Child Custody and Divorce for Alabama on
Answered on Apr 2, 2019
Shane Michael Oncale's answer
In a custody battle the Court is charged with doing what is in the "best interest" of the child. You most certainly, under the circumstances alleged, have an argument that it would be in your child's best interest to be in your custody. You need to take action sooner rather than later as the issue of who is the "primary care giver" is an important one and with the child out of your custody the mother will definitely be able to establish that fact in her favor. A delay can be costly. Seek...

Q: How do I file for divorce with no child support owed, no visitation given, and minimal rights without a lawyer?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Alabama on
Answered on Apr 2, 2019
Kristine Jones' answer
Hello, there is no way to file for an uncontested divorce without an attorney. You also cannot waive child support obligations without an extremely good reason. All three child support forms are mandatory, not optional, and must be filed with the divorce filings. You should have a consultation with an attorney in your area to discuss the entirety of your specific issue. You may also want to ask about terminating his parental rights, but again, that is a question for you to ask in a consultation...

Q: Can a contract be binding if on party dies before any money changes hands. A purchase agreement,

2 Answers | Asked in Contracts and Real Estate Law for Alabama on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
Are you sure this is a serious legal question? How would a dead person be forced to perform a contract if they cannot respond to an attempt to enforce it? Unless you wait until the decedent's family opens a probate case and then file a claim against the estate you are wasting your time. Caveat: Be very careful if you do try to enforce the unexecuted contract against the estate.

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