Lawyers, Answer Questions  & Get Points Log In
Alabama Questions & Answers
1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Alabama on
Q: Truck driver passed me in a completely ice and snow covered lane and the snow flying up busted my window.

The driver had already tried to pass once and backed out because the road was that bad and then a mile or 2 later tried again. As he passed the wave of slush and ice caused me and the car in front to have to completely stop because we couldn't see and my driver side window got busted. I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 6, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. As a general matter in many jurisdictions, you probably would. Check with the Small Claims Court, either through its online resources or contacting an administrative person at the courthouse as to the types of cases... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I live in Alabama. Why was my sisters estate proceedings stopped in probate when a claim was filed on her estate?
Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2021

Doubt the Probate has been "stopped" for any reason. Filing a Claim Against the Estate is a normal proceeding in Probate. It may be objected to or paid. If the Estate is insolvent, then the proceedings will be different, but still continue. You may wish to examine the Probate File and... Read more »

1 Answer | Asked in Child Support for Alabama on
Q: Filed for child support against husband. We got back together and he lives with us. He owes $6,000. How can I stop it
Kristine Jones
Kristine Jones answered on Mar 1, 2021

Hello. You would need to go to Court and agree to settle arrears (the amount owed to you) and modify support so that he does not continue to owe you. Best of luck!

1 Answer | Asked in Personal Injury for Alabama on
Q: Just left the ER with my wife,she slip fell and injured her arm, diagnosed with concussion,acute knee injury.

The knee has a popping sound or clicking sound now. Not from outside but going into the garage on the step. What now? Step has been broken/ missing a brick before we moved into the home and since we been here. We are in Huntsville, Alabama.

Tim Akpinar
Tim Akpinar answered on Feb 27, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. I hope your wife is okay. It isn't fully clear if the accident occurred on the hospital grounds after leaving the ER and your wife noticed the popping sound on your garage step, or if the accident OCCURRED on your... Read more »

1 Answer | Asked in Wrongful Death for Alabama on
Q: Can I sue for wrongful death for suicide?

My father committed suicide in early January. He was living in a shelter that focused on helping people with mental health problems and addiction, which he had. He attempted to harm himself before he passed and I believe the shelter did not follow proper procedures to prevent him from another... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

I doubt it but consult an Alabama attorney who handles nursing home questions and also contact the Alabama Civil Liberties union to ask if they have "cooperating attorneys" who handle issues regarding homelessness.

2 Answers | Asked in Bankruptcy for Alabama on
Q: Can I file for bankruptcy if I get by personal checks. I work in a private home.
Kevin M Ryan
Kevin M Ryan answered on Feb 24, 2021

Yes. Receiving income via cash, private income, Bitcoin, or any other means can be disclosed to the Court to comply with 11 USC 521 / 11 USC 707 via an Affidavit prepared by your Attorney. The value of the compensation has to be disclosed to the Court. It must be included on the Means Test... Read more »

View More Answers

2 Answers | Asked in Bankruptcy and Tax Law for Alabama on
Q: Do I have to give the trustee my tax refund in chapter 13 bankruptcy? Located in Alabama.

Do I have to give the trustee my tax refund in chapter 13 bankruptcy? I called my attorney and spoke to a Lady in the office and she said that the trustee doesn’t take tax refunds anymore. Wasn’t able to speak with my attorney personally.

Lloyd M. Nolan
Lloyd M. Nolan answered on Feb 22, 2021

I do not practice in Alabama, so that question would be dependent on the local bankruptcy rules that govern your case. In the Eastern District of Missouri, where I practice, the local rules require that debtors turn over their tax refunds (over a specific allowable amount) to the Chapter 13... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Alabama on
Q: I adopted my son but me and his mother divorced can I relinquish my parental rights..........
Kristine Jones
Kristine Jones answered on Feb 22, 2021

Hello. If someone else wanted to adopt him, you could voluntarily allow the other person to adopt. Terminating your rights would be in juvenile court. The courts do not terminate (TPR) parents easily because it cannot be undone. When you adopted him, he became your son, as in any ties to his... Read more »

4 Answers | Asked in Bankruptcy for Alabama on
Q: Will getting new car insurance affect my bankruptcy?

I’m in a chapter 13 bankruptcy, and just want to know if I need to report new car insurance? I’m a year into my payment plan. Our insurance is outrageous and want to find a new company. Also I know most companies do a soft credit pull, will that affect anything? I’m in middle district... Read more »

David Luther Woodward
David Luther Woodward answered on Feb 20, 2021

Find a more reasonable insurance carrier. I have changed twice in the past two years for just that reason (I don't live that far from you) and they are competitive. Be sure you have adequate liability limits and equivalent uninsured motorist coverage. It's always the other guy who has... Read more »

View More Answers

1 Answer | Asked in Probate for Alabama on
Q: How does my family deal with my grandmother's house..she died with no will and 3 adult children...

One adult child is currently living there, we are in Al and not familiar if she can get the house in her name if the 2 siblings don't contest it

Jack T. Carney
Jack T. Carney answered on Feb 19, 2021

When a person dies without a Will, their assets pass to their heirs at law. In a situation where a single individual died with three children and left only a home, then that home passes in equal shares to the three children. After two years the home "vests" in the heirs and good title... Read more »

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: My aunt passed away recently and left no Will. She was never married and had no children.

My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 18, 2021

You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »

1 Answer | Asked in Family Law and Child Support for Alabama on
Q: Im 5k behind on child support since covid hit. I'm wondering what I should do & will I be going to jail for this?
Shane Michael Oncale
Shane Michael Oncale answered on Feb 13, 2021

You should immediately consult an attorney or file yourself to have your child support payments suspended or at least reduced. One of the big secrets of child support that they should make you aware of when you are first ordered to pay but don't is that if something happens in your life that... Read more »

1 Answer | Asked in Collections for Alabama on
Q: Looking for a lawyer for a fraud dispute I filed with Al. Vantage/ the program

I filed a dispute for 7000$ with Al Vantage along with a police report and a warrant was issued on the person who fraudulently used my debit number. Most of which was used western union where identification had to b shown. Al Vantage claims they did investigation and determined no fraud.. I... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 10, 2021

You may have a claim under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act ( F.D.C.P.A.) You should gather up all of the documents, correspondence and any other evidence you have concerning this transaction. A lawyer will need to determine if there is enough evidence to... Read more »

2 Answers | Asked in Bankruptcy for Alabama on
Q: Alabama--- I am considering terminating the relationship with my current lawyer and retaining a new one in my active 13

What are the steps for this? I have heard the current lawyer has to file a motion to have this handled, that I can not terminate without this. I hired him, right????

Timothy Denison
Timothy Denison answered on Feb 6, 2021

Notify your current lawyer that you are terminating the relationship. Have your current lawyer then file an entry of appearance or motion to substitute. Problem solved.

View More Answers

2 Answers | Asked in Bankruptcy for Alabama on
Q: Financing a car during chapter 13!

We recently were advised not to get a car through bankruptcy by our attorney and just to pay cash, but we can’t find anything worth the money. Are we aloud to have someone finance a car for us and we make the payments? We’re in the Middle District in Alabama.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 5, 2021

Once your Ch. 13 plan is confirmed, so long as you make the plan payments to the trustee, and direct payments to your mortgage lender and perhaps your car loan, the remainder of your income is yours to do as you like. So yes, if someone is willing to risk financing a car purchase on your promise to... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Alabama on
Q: I’m currently in chapter 13, my husband and I tried to get a car through our bankruptcy and got denied. HELP!

My car is on its last leg, and we don’t quite have enough yet to pay for something decent with cash. Can we go to a buy here pay here that offers no credit checks? All they ask for is ID, proof of income and insure and down payment. Would we get in trouble and get kicked out of bankruptcy? Or are... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 5, 2021

The answer to this question could vary depending on what bankruptcy district your case is pending in. I practice in the Southern District of Alabama, which has a very reasonable and workable approach to getting Debtors in a position to replace or purchase a vehicle while in Chapter 13. The... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Alabama on
Q: My family has 30 acres of heir property that has 15 properties (homes & mobile homes) on it. This land has been in the

Family for over 100 years...so many heirs. What are the steps to getting my one acre divided, in my name to be able to possibly sell in the future?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

Unless the Heirs can come to an agreement to sell or deed it among themselves, that sounds like a classic Partition Action. You will need a competent attorney to search the title, determine heirship, and then file (and serve) a Petition for a Sale for Partition on all interested parties. The... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for Alabama on
Q: I need a criminal and civil rights defense attorney can you help me?
Tim Akpinar
Tim Akpinar answered on Feb 2, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry you're still awaiting a response, but this forum isn't set up for attorneys to reach out to help you - you have to reach out to them. This is only a Q & A Board, not an attorney referral... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: My father's Will (2004) left some property to me and 2 brothers but his wife got this property until her death then we

were to get it back from her. One of my brothers died in 2014 no Will and he didn't own anything(rented sec8 house, no creditcard, on disability, car was paid off, My mom paid for his funeral) so there was no probate filed by his 2 kids. 2 years ago my dad's wife (still living) signed the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2021

Simply sell the real property to someone else. There may not be any title insurance available for several years on your property, even though it does not cover very many risks.

3 Answers | Asked in Bankruptcy for Alabama on
Q: I'm in the process of buying a small house with help of dad. Can I file ch. 7 and keep home & get rid of other debt
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 18, 2021

The bankruptcy court and Ch. 7 Trustee assigned to your case probably won't be interested in your new house, unless there is substantial equity value in it (you don't say how much your father will kick in, but routinely, Mortgage lenders want buyers to pony up twenty per cent of the... Read more »

View More Answers

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.