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Alabama Questions & Answers
1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements... View More

1 Answer | Asked in Immigration Law, Tax Law and Business Law for Alabama on
Q: My court proceedings was dismissed. The judge closed my asylum because I have TPS. Can I reapply for asylum with USCIS?

I want to make it will be a good idea to do so please

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that your asylum case was dismissed by the immigration judge because you currently have Temporary Protected Status (TPS). To determine whether reapplying for asylum with USCIS is a good idea, consider the following:

1. TPS is a temporary...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Alabama on
Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another... View More

James L. Arrasmith
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answered on Mar 8, 2024

The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have... View More

1 Answer | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the United States, public schools collect race and ethnicity information to comply with federal laws and to ensure they are providing equal educational opportunities. This data helps in reporting to various departments and in the allocation of resources. However, the practice of requiring... View More

1 Answer | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

Public schools in the United States often collect data on race and ethnicity for various purposes, including compliance with federal and state reporting requirements and to ensure equal educational opportunities. These questions are part of efforts to monitor and promote diversity and inclusion... View More

1 Answer | Asked in Consumer Law for Alabama on
Q: can I use a dealership for saying my car had a new motor when it was used. 6 days after purchasing the motor seized.

in addition to lying ab the car having a new motor, he also lied ab the condition of the car. he also owns a salvage yard. someone salvaged a wrecked vehicle that he sold to me without disclosing any information ab the accident when I bought it. the accident wasn't reported and although the... View More

James L. Arrasmith
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answered on Mar 8, 2024

You may have grounds to take legal action against the dealership for misrepresentation and failing to disclose the true condition of the vehicle, including its history of accidents and the fact that the motor was not new as claimed. Misrepresentation in the sale of a vehicle, especially when it... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Alabama on
Q: Need clarification on a deed between Parent and Child.

DURING THEIR JOINT LIVES AND UPON THE DEATH OF EITHER OF THEM, THEN TO THE

SURVIVOR OF THEM IN FEE SIMPLE AND TO THE HEIRS AND ASSIGNS OF SUCH SURVIVOR FOREVER.

Anthony M. Avery
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answered on Mar 5, 2024

The "upon the death of either of them" language is ambiguous. But the totality of the terms construed with the entire Deed will probably be deemed to result in the surviving life tenant's heirs getting the fee. The

Estates created in the granting clause is a little...
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1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: What are the legal procedures about towing vehicles off the interstate

I'm new and want to do this legally

James L. Arrasmith
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answered on Mar 2, 2024

Here are some key legal procedures for towing vehicles off interstates in the United States:

- Obtain proper licensing and registrations - Tow truck companies and drivers need to be properly licensed and registered with the state to operate legally. This includes commercial driver's...
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1 Answer | Asked in Gaming and Internet Law for Alabama on
Q: Despite a no-refund policy, is it legal to refuse a refund for underperforming cloud gaming on gigabit internet?

My connection is perfect, yet the cloud gaming software almost makes me sick it's so laggy. I can use other cloud gaming software just fine. They are refusing to refund me, even though I've proven the issues exist. Is it legal to deny a refund? If so, which law? They are based in France,... View More

James L. Arrasmith
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answered on Feb 28, 2024

In situations where a product, including cloud gaming services, underperforms despite the consumer having the necessary technical setup, the legality of refusing a refund can be complex. It largely depends on the terms of service agreed upon at the time of purchase and the consumer protection laws... View More

1 Answer | Asked in Criminal Law, Civil Rights and Public Benefits for Alabama on
Q: Is my relative risking arrest for his outstanding warrants if he applies for a non-driver’s id card in Alabama?

I’m trying to help a relative struggling with homelessness obtain appropriate housing; however—due my past financial losses arising from his previous addiction issues—I’m now unwilling to take responsibility for his lease in my name. He can’t possibly acquire a lease in own his name... View More

James L. Arrasmith
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answered on Feb 28, 2024

Your relative's concerns are understandable, but applying for a non-driver's ID card in Alabama does not automatically trigger immediate arrest for outstanding warrants. However, it's essential to acknowledge the risk involved, as law enforcement databases may flag individuals with... View More

1 Answer | Asked in Tax Law for Alabama on
Q: Is the Accrued Market Discount of a matured US Treasury Note exempt from Alabama income tax?
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answered on Feb 28, 2024

Interest income from US Treasury securities, including notes, bonds, and bills, is generally exempt from state and local taxes. This means that if you're holding a US Treasury Note, the interest you earn from it is not subject to Alabama state income tax. However, the accrued market discount... View More

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can a seller use the cooling off period to cancel a contract for the sale of a house ? Within 3days of execution date
James L. Arrasmith
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answered on Feb 27, 2024

In the context of real estate transactions, the concept of a "cooling-off" period, where a party can cancel a contract without penalty, varies significantly depending on the jurisdiction and specific laws that govern residential property sales. Generally, cooling-off periods are more... View More

1 Answer | Asked in Probate for Alabama on
Q: i was left my step dads estate he had several million in cash and several hundred acres his daughters coming after it

the will reads i get it all he owed back child support

Anthony M. Avery
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answered on Feb 26, 2024

If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Alabama on
Q: USB is suing my late husband's estate and now I can't sell it. It has been 12 yrs. How long is statute of limitations?
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answered on Feb 25, 2024

The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More

1 Answer | Asked in Tax Law, Social Security and Public Benefits for Alabama on
Q: Even though I'm on Medicaid am I susceptible to Alabama state tax garnish
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answered on Feb 22, 2024

Being on Medicaid indicates that you are receiving assistance based on financial need, health status, or both. However, your status as a Medicaid recipient does not automatically exempt you from state tax obligations or potential garnishment actions in Alabama. If you owe state taxes, the Alabama... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Am I committing trademark infringement by using a brand and trademark that has been dormant for over 25 years?

3dfx made computer accessories under the Voodoo brand. Nvidia, who makes the GeForce series of computer accessories acquired 3dfx in 2001 and shut them down. Nvidia never uses any of their branding or trademarks, they only use portions of technology that was internally developed. Over 20 years... View More

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answered on Feb 21, 2024

Using a brand and trademark that has been dormant for over 25 years could potentially lead to trademark infringement issues, even if the original owner has ceased using it. Trademark rights can persist as long as the owner continues to renew and maintain them, regardless of whether they actively... View More

1 Answer | Asked in Estate Planning for Alabama on
Q: If a person nominated to become trustee over a trust fails to communicate with beneficiary or executor for 11 months can

A successor trustee that's named in the wheel take over the duties and being and being appointed trustee without the courts

Anthony M. Avery
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answered on Feb 20, 2024

If they agree to the new Successor Trustee taking over the monies, property as Trustee, yes. Otherwise Successor Trustee has a duty to ask for a Court to appoint him as the new Trustee, with orders to any Banks. etc. to transfer to the new Trustee.

3 Answers | Asked in Real Estate Law for Alabama on
Q: Would a medical lien against my brother affect my half of the property we own together since I don’t owe them

He is in a nursing home and owes them money. They haven’t affected a lien against him but can or will they and will that affect my half of ownership if I sell it

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, a lien will attach to only the interest of the person who incurred the debt. However, there are many different liens under Alabama Law. It is possible that the lien may receive some kind of legal preference. However, if the property is owned 50-50 and the property is sold, the lien... View More

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1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I received a writ of possession from court in mail today, entered 2/13.... how many days do I have to vacate property?

I am currently in a lawsuit with a car accident and should have letters of protection to stop any proceedings but judgement was made against me anyway..is there anything I can do or do I need to vacate immediately

T. Augustus Claus
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answered on Feb 15, 2024

In Alabama, after receiving a writ of possession, tenants typically have 7 days to vacate the property. This period begins when the writ is issued by the court. The involvement in a car accident lawsuit and having letters of protection may not directly affect the eviction process unless those... View More

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