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Alabama Questions & Answers
1 Answer | Asked in Bankruptcy for Alabama on
Q: Can you use AfterPay while in a chapter 13 bankruptcy? I’m in Chilton county, AL. Thanks!
James Edward Loris Jr
PREMIUM
James Edward Loris Jr
answered on Sep 26, 2022

I’m not sure what AfterPay is, but anytime you need to incur debt while you’re in an active Chapter 13 case, such as for a replacement vehicle or an emergency for an air conditioner, you’ll need to contact your Attorney and have him file a Motion to Incur Debt, which need to be approved by... Read more »

1 Answer | Asked in Family Law and Probate for Alabama on
Q: My father passed 10 years ago do I have ownership in his house?

My father passed 10 years ago. He was married at the time. I was recently contacted by my stepmom asking me to sign some papers on dads house. I just wanted to know if this means I have owner ship in the house. I thought because they were married then everything would go to her. There was not a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 23, 2022

Hire an attorney to examine the Deed. Both MS and AL attorneys should be able to discern the apparent owner without a title search (assuming they are competent). You are probably an Heir At Law, and thus a Tenant In Common with the other Heirs. Do not sign anything unless you are paid... Read more »

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How can I get extra money from the estate if the will was not probated
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 21, 2022

If you are a Next of Kin or Heir, and there are sufficient assets, then you might consider administrating the Estate as Intestate. Then there may be distributions, or you might file your own Claim. Hire a competent AL attorney.

1 Answer | Asked in Immigration Law for Alabama on
Q: How can I get a social security number so I can apply for jobs?

I need a social security number inorder to get a job and nor have to worry about finding side jobs.

Kevin L Dixler
Kevin L Dixler
answered on Sep 17, 2022

You must qualify for USCIS employment authorization to lawfully work. If you work without a work visa or authorization, you will have to file for a tax identification number with IRS Form W-7. That is, where you need to file for taxes.

You will need more than a Social Security Number to...
Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Can a tenant be required to vacate residential rental property immediately?

I am providing a tenant notice to pay rent within 7 buisness days.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No, you have to sue for possession and get a Judgement first.

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If the estate of my wife's grandmother who is deceased is in her care does that mean that the property is legally hers?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

No You may want to check the Probate File at Court. It sounds like the wife is an Administratrix/Executrix.

1 Answer | Asked in Traffic Tickets for Alabama on
Q: How do I fight this ticket?

So I was traveling behind at a truck at a safe distance and the truck slammed on his brakes due to a cop being up ahead. Due to him doing this I came up on him and proceeded to slow down so I wasn’t right up on him and the cop pulled me over and gave me a ticket. When I told him why I was so... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 7, 2022

The best way to fight a ticket is to contact a local area traffic ticket attorney (or a few of them) and discuss mitigation options available to you, including whether or nor to fight it---it is much cheaper to pay an attorney now than to have months of higher insurance premiums in the future.... Read 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...
Read more »

1 Answer | Asked in Employment Law for Alabama on
Q: what is the meaning of 8/27/22 8:30 pm pdt "The testing laboratory has confirmed receipt of the specimen."

to make this fit bc i cant type all i need to say yes thats what i thought it meant the issue is this i had to go there they were only acting a administers of the test lady rude whole time she gave me a cup/bowl clear no temp thing no numbers they do dot to anyway i pee to her x she says not enough... Read more »

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 28, 2022

Apparently, you took a drug test and the lab now has it for analysis. Do you think it could mean something else?

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: Can I go to jail if I break up with my boyfriend and take my dog that he gave me with me

Can I go to jail if I take my dog with me whenever I move out for my boyfriend's house he gave me the dog but it's not his dog is mine what kind of proof do I need that she belongs to me and is there anything that he can do to me if I take my dog with me he don't take care of her and... Read more »

Erik Špila
Erik Špila
answered on Aug 23, 2022

Dear Mrs,

the proof of dog ownership should be available at your local vet station where dog should have been registered on his first medical examination. Also some cities hold their own records about dog owners, so contacting local city hall can also possibly help you. If you are the owner...
Read more »

1 Answer | Asked in Trademark for Alabama on
Q: Somehow my trademark became "dead:How can I get this reinstated

For Serial Number: 77426116

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 23, 2022

This application was abandoned a long time ago (in 2008) for failure to respond to some questions that the United States Patent and Trademark Office (USPTO) had in connection with the application. That application is long dead and cannot be revived or reinstated. But you can potentially file a new... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Alabama on
Q: My father died 12 years ago. My sister paid all his debts & all taxes on his property have been paid.

she did not file probate when he died. We want to sell his mobile home. What do we do now?

Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... Read more »

1 Answer | Asked in Estate Planning for Alabama on
Q: I need help with a trust
Frank Truncali
Frank Truncali
answered on Aug 21, 2022

Are you looking to create a trust or is this related to an existing trust?

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer stop paying time and a half like is Federal law??? They only paid me the half not the time + half.

I worked 97.5 in 2 wks....i make $13 , so my rate with the 17.5 hrs will b $19.5 × 17.5

But thats not how they did it and i can't get this issue resolved!

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 16, 2022

You should reach out to an Alabama employment attorney to discuss your situation. While most hourly-paid workers must be paid at a rate of 1.5 times their regular hourly rate for all hours worked over 40 in a workweek, this general rule does not apply to everyone. There are certain professions and... Read more »

1 Answer | Asked in Criminal Law for Alabama on
Q: Can 2 both be charged with drug trafficking if no one claims the it while both in the same car
Travis T Juneau
Travis T Juneau
answered on Aug 8, 2022

The short answer is yes, both can be charged with one quantity of narcotics even if one claims the narcotics as their own. Under the rules on "constructive possession" a person needs only to have knowledge and an intent to exert dominion or control over the narcotics to be convicted of... Read more »

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Unmarried couple on mortgage, now splitting. How to handle who gets house, buyout, or sell?

Domestic partnership of 6 years, 4 of those years in a house with mortgage. My name is the primary borrower, her’s is co-borrower. There was no pre-planned paperwork stating what would happen if/when a split occurred.

How does the process work for the one who stays and the one who leaves?... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact a real estate attorney who handles partition or sale for division cases. If you are a co-owner of the house you may have a claim for partition. Such claims may be used to divide the equity in real property if the co-owner parties cannot reach an agreement to resolve their... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: I purchased a house and have found extensive water damage.

The home inspection defined an area of sheetrock that needed repair. The seller repaired that area, but the entire wall is wet and rotted. It is so bad that it literally rains in the house. Is there anything I can do?

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

You should contact an attorney who handles fraud and breach of contract claims. You may have a claim against the prior owners, home inspector, or contractor who repaired the wall. Because such claims are very fact specific, it is unclear whether you have a valid claim. You should contact an... Read more »

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