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Alabama Questions & Answers
1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

1 Answer | Asked in Real Estate Law for Alabama on
Q: A land deed has a clause that says I have to offer it for sell to my grandfather's decendents before I can sell it.

He only had once child. She is deceased. My siblings don't want to purchase the land. Will there be an issue with the title once I sell it, because of this clause? What should I do?

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

You will need a competent AL attorney to clear that Right of First Refusal. Apparently there may be interested Heirs. Then possibly an Affidavit of Heirship, and a QCD from them should clear the Title.

1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

1 Answer | Asked in Personal Injury for Alabama on
Q: How do I know if I was cheated by a lawyer I was supposed to receive a $70,000 settlement and only received 26

I was hit by a car and we got a $70,000 settlement but I only received $26,000 how do I know if I was cheated

Tim Akpinar
Tim Akpinar answered on Jan 16, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. Law firms generally provide a summary of how money is distributed at the conclusion of a case. Without knowing more details, an attorney could only make general guesses about the figures here. Assuming that you... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Alabama on
Q: Who has custody of the parents weren't married?

The child is 2yo boy. The parents were never married. The mother has filed for child support through DHR (pending) and no custody has be arranged or started. The mother tried to press charges for DV but they were dropped. The mother was given 7 days to leave with their child and her other 2... Read more »

Kristine Jones
Kristine Jones answered on Jan 13, 2022

Thank you for the question. Neither party has legal custody of the child until a court order is issued. The mother has filed a case in a certain state, if she leaves, there are jurisdictional issues that may be raised by the court or the father if she moves or fails to pursue the case. Of course... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Child turned 18, graduated high school and is employed, can I petition to have child support dropped?
Kristine Jones
Kristine Jones answered on Jan 12, 2022

Thank you for your question. Nineteen is the age of majority in Alabama. If your child is completely self-supporting financially, and you can prove it, then the Court may allow a modification but it's not a guarantee based on what you've said. Best of luck!

1 Answer | Asked in Insurance Defense for Alabama on
Q: I'm being sued by an insurance company. I'm on disability. What are my options
Tim Akpinar
Tim Akpinar answered on Jan 8, 2022

An Alabama attorney could advise best, but your question remains open for three weeks. You probably need to respond with a set period of time, which is probably included in the papers. You could reach out to a local collections defense attorney to review the summons and complaint and discuss your... Read more »

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for Alabama on
Q: I am having problems with a county agency over a drainage ditch behind my house.

I'm having problems with a drainage ditch behind my house. Stormwater is cascading from the ditch onto my property cause severe soil erosion to the point my shed near the ditch is about to collapse into the ditch. The public works department says it is the water works problem and water works... Read more »

William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles eminent domain or inverse condemnation cases. The Alabama Supreme Court has found that in some cases excessive runoff and erosion may result in an unconstitutional taking. The viability of inverse condemnation claims are highly dependent on the timing and... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Alabama on
Q: I want my money back from a contract with a pole barn builder who has done no work in a 1 1/2. What type of lawyer do?
William Vann Burkett
William Vann Burkett answered on Jan 7, 2022

You likely need an attorney who handles contract disputes. Often construction law attorneys deal in large commercial disputes. A general practitioner or trial attorney will likely be able to give you advice on your individual situation.

1 Answer | Asked in Real Estate Law for Alabama on
Q: How do I transfer a deed to a house under my name to my company

The property is in Texas and I’m the LLC is in Alabama.

Anthony M. Avery
Anthony M. Avery answered on Jan 7, 2022

Hire a competent TX attorney to draft and record that Deed. A good AL attorney could also draft such a TX Deed, but most will not want to do the research on how to properly do so. There may be tax implications also. But the Granting Clause to a LLC must be right and you will not want a mistake... Read more »

1 Answer | Asked in Tax Law for Alabama on
Q: Can I press charges for my husband using my SSN for taxes after separation?
Kevin M Ryan
Kevin M Ryan answered on Jan 7, 2022

You should first go to www.irs.gov and get a transcript of the tax return for the year in question. Next, contact the IRS and schedule an appointment at the Taxpayer Customer Service office closest to your residence, and ask a representative to review the situation. Each individual person has... Read more »

1 Answer | Asked in Contracts, Estate Planning, Tax Law and Real Estate Law for Alabama on
Q: My dad is downsizing and is planning to leave me and my fiance his fully paid off house. We need any advice to get start

Should we inherit or transfer deed into name and just pay the property taxes?

Kevin M Ryan
Kevin M Ryan answered on Jan 7, 2022

A Living Trust would be one of the best simple ways for your father to set up his estate plan. The real estate would need to be transferred to the Trust and the documents would most certainly need to be prepared by an attorney. An Attorney who practices in the area of estate planning and tax law... Read more »

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama Real Estate re: sales contract Is there an inherent “cooling off” period allowing either party to cancel

Not specifically stated in the contract. In other words can the seller cancel the contract for no reason without consequence within a period of time (3 days, etc.)

Amanda B Cook
Amanda B Cook answered on Jan 6, 2022

Usually there are provisions in the contract that allow to cancel for specific reasons, such as not passing inspection or clouded title. You really need a lawyer to read the whole contract in order to advise you of the specifics, as they can all be different.

2 Answers | Asked in Personal Injury for Alabama on
Q: How can I find out if I was cheated by a lawyer on a settlement

I was supposed to get a 70,000. On the case but only received 26,000

Nelson Craig Johnson
Nelson Craig Johnson answered on Jan 6, 2022

Request a settlement statement that details where the money went. I presume the gross settlement amount was $70,000.00 and some portion of that likely went to case expenses, attorney's fees and paying back medical bills or insurance subrogation. However, that is merely a presumption. Your... Read more »

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4 Answers | Asked in Immigration Law for Alabama on
Q: Marriage to US citizen on ESTA and change of status

I'm a New Zealander we have fallen in love and want to be together. Both mid 50s. Due to fly home February. Been friends for a year. Met in person and we want to marry and I would like to change status to be with him in USA for immediate future.

Miguel Serrano
Miguel Serrano answered on Dec 29, 2021

You may be eligible to obtain Permanent Residency through Marriage to a United States Citizen. You would be filing for Adjustment of Status and your spouse would need to file a petition for you by completing Form I-130. You should file all the required petitions and include the supporting... Read more »

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1 Answer | Asked in Domestic Violence for Alabama on
Q: I was a victim of domestic violence. Went to court and told them I didn't want to persue it in fear of retaliation.

The defendant received another court date and is convinced I filed them but the state is the plaintiff. He thought it was dropped. Why is there another court date? And am I involved?

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Dec 27, 2021

I am assuming that this is an Alabama Court. If not, you should ask a Tenn. lawyer.

The state is who brings the charge against the person who abused you. You are the complaining witness. You should get some counseling and stick to your guns and see this through.

1 Answer | Asked in Child Support for Alabama on
Q: Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties

Hi i have been paying child support regularly for the last 11 years. And now my child is going through some difficulties so his Mother wants him to live with me instead. Since living with me i am going to spend money on him the Mother wants to waive / stop the child support.

Question:... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Dec 24, 2021

Your thoughts on this are correct. You do need to go through the court system to end child support. You may be able to end child support without changing custody but you will have to provide an acceptable reason to the judge as to why child support would be waived. As always this should likely... Read more »

1 Answer | Asked in Child Custody for Alabama on
Q: I just found out that my childs mother was arrested in Alabama for chemical endangerment of a child × 4.

My son is 6 years old and his mother and I weren't married but I am on his birth certificate as his father. She moved him to Alabama and ceased all contact with me almost a year ago. I just found out my son was taken by the state of Alabama and put into foster care when she was arrested. I was... Read more »

Shane Michael Oncale
Shane Michael Oncale answered on Dec 24, 2021

Obviously, you need to hire an Alabama lawyer to get your child back. You have stumbled upon something I spend a lot to time explaining to fathers in Alabama. Your name on the birth certificate and signing the affidavit of paternity at the hospital only creates a presumption of paternity and does... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

2 Answers | Asked in Immigration Law for Alabama on
Q: What if you do not have green card
Alexander Ivakhnenko
Alexander Ivakhnenko answered on Dec 20, 2021

The original question is vague as it’s content does nor provide enough to analyze the issues well. Please restate with more facts.

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