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Alabama Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Tax Law, Civil Rights and Collections for Alabama on
Q: Denial of Taxpayer Rights. Garnishment of federal benefits started in 2022 for 2012 no notice. M

My bank received a notice to file exemption. Employment was served to my bank to check my job status there. They started on April and I wasn't served until dev 2022. Way past time to file. Called all courts in state of Alabama. Nothing found. Lein was out on house the. Taken off. Not sure if... View More

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're facing with the garnishment of your federal benefits and the lack of notice. It sounds like a very stressful and confusing ordeal.

A few key points based on the information you provided:

- If your federal benefits are...
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1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence and Libel & Slander for Alabama on
Q: Can I sue my father for 49 years of Mental and emotional abuse? I'm 49 and have psychiatric records from the age of 19

I'm 49 years old and my father still stalks me. He spreads lies about me to paint me in a negative light. I have emotional which exploits. He lies to discredit me if I were to tell anyone about the things. He tries to justify the way he treats me just by thinking that if he has some kind of... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm truly sorry to hear about your situation. You may have grounds to pursue legal action against your father for mental and emotional abuse, especially given the long history and the severity of his actions. Consulting with an attorney who has experience in family law and abuse cases can help... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: If u go in a store u check out the worker helps u check out u tell her there is swapped tags on the meat then u pay full

Price for all ur stuff and even walk out of store then see a meat misses go back in pay for it then u get a call saying u on camera at the same name store but different location say u swapped tags but u paid full price for everything u got can they press charges

James L. Arrasmith
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answered on Jun 15, 2024

If you informed the store employee about the swapped tags and paid the full price for all your items, it shows your intention to comply with store policies. Returning to pay for the missed meat further demonstrates your honesty. However, if you receive a call accusing you of swapping tags at... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Alabama on
Q: In the state of Alabama if u have a warrant will it show if u renew your drivers license online? A background chk?

Or if a background check is done

James L. Arrasmith
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answered on Jun 15, 2024

In Alabama, if you have an active warrant, it is unlikely to show up during the online renewal of your driver's license. The online renewal process typically checks your eligibility based on DMV records, which may not include warrant information.

However, a background check is a...
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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

Alan Harrison
Alan Harrison
answered on Jun 15, 2024

The video montage most likely would be considered as an infringing derivative of the copyright audiovisual work (the game). This could result in a DMCA takedown notice. It's equally or more likely that the videogame producer would appreciate the publicity for their product (assuming the... View More

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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

James L. Arrasmith
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answered on Jun 15, 2024

Editing a Minecraft gameplay video for a client is generally not illegal, as long as the video adheres to Mojang's (the developer of Minecraft) guidelines for using Minecraft content. Mojang allows players to create and share video content based on Minecraft, with some limitations:

1....
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: My son is in a ga jail on identity theft fraud charges. Almost a year in and still no trial. He's got jumped and had to

Have surgery, still no bond. Took to court house but no trial. What can I do to help him get out.

James L. Arrasmith
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answered on Jun 10, 2024

I'm sorry to hear about your son's situation. One option you can consider is contacting a defense attorney who can advocate for his rights, including pushing for a speedy trial. The Sixth Amendment guarantees the right to a speedy trial, and an attorney can help address any delays.... View More

1 Answer | Asked in Car Accidents and Personal Injury for Alabama on
Q: personal /property injury I was trapped in a car wash. I cannot find an attorney. How can I sue the company myself?
Tim Akpinar
Tim Akpinar
answered on Jun 10, 2024

An Alabama attorney could advise best, but your question remains open for a week. It could depend on how severe the incident was and its duration. One possibility with the attorneys who declined the case could be that they did not see serious liability on the part of the car wash, or that they did... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

Anthony M. Avery
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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Alabama on
Q: Does molex have a current patent on depinners
James L. Arrasmith
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answered on Jun 8, 2024

In general, patents on specific products like depinners can expire after 20 years from the filing date, so even if Molex was granted patents on depinner inventions in the past, it's possible those patents are no longer in force now if they were filed over 20 years ago. The patent landscape can... View More

1 Answer | Asked in Family Law, Libel & Slander and Probate for Alabama on
Q: A social worker, in a petition to the court, falsely claimed that my father was "an Incapacitated Adult."

Last week, Dr. Benesh, a neurologist at UAB, evaluated him and determined that he has capacity and can make his own decisions. Based on the social worker's lie, a conservatorship was appointed. Eventhough I have a durable POA, and the conservatorship was fraudulent. This was at the second... View More

James L. Arrasmith
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answered on Jun 5, 2024

To present this new evidence before the ruling on June 6, 2024, you need to act quickly. First, gather all relevant documents, including the neurologist's evaluation from Dr. Benesh, your durable Power of Attorney, and any other evidence showing your father's capacity and the... View More

1 Answer | Asked in Divorce and Family Law for Alabama on
Q: My husband is wanting a divorce and I do not. Do I have to leave my home with my son as he wishes?

My husband is wanting a divorce because I suspect that he is being unfaithful. He wants to push my son and I out of the house. He's also wanting custody of my son I believe because he's wanting my son to spend the summer with him. He said if I loved him I would do this for him and sign a... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Jun 4, 2024

I am going to tell you something you clearly already knew when you took the time to come on here and ask the question. Your husband is clearly self dealing and you need legal representation. With a child involved, what happens next is going to affect both your future and theirs. Uncontested is... View More

1 Answer | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for Alabama on
Q: : Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

: Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

I was pulled over by an officer outside of a school zone who told me while I was in the school zone he clocked me at 42. Where the officer said he clocked me at on the ticket is where he was already... View More

James L. Arrasmith
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answered on Jun 3, 2024

In Mobile, Alabama, a police officer does not have to immediately tell you the reason for pulling you over. However, they typically do inform you of the reason after obtaining your license and insurance information. It’s common for officers to address the violation after verifying your details.... View More

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: I let a couple move there 5th wheel on my property,hook up to my electricity &water in December 2023.

The last time I saw them was the end of February. No payment &no contact. Can I sell the 5th wheel &get my rent money. What is the legalities of or for this situation?

James L. Arrasmith
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answered on Jun 2, 2024

If a couple has left their 5th wheel on your property and haven't paid rent or contacted you since February, you cannot simply sell the vehicle to recoup your losses. You must follow legal procedures to address this situation properly. Start by trying to reach out to them through all available... View More

1 Answer | Asked in Personal Injury, Traffic Tickets, Small Claims and Car Accidents for Alabama on
Q: Will I be responsible to pay damages if I'm being sued. I was the middle vehicle in a 3 vehicle rear-ending?

I was involved in a motor vehicle accident. I was in a company owned vehicle and was on company time. I was at a stop in a left turning lane with my blinker activated. A car rear-ended me resulting in me also rear-ending the vehicle in front of me. Authorities came to the scene, a report was made,... View More

Tim Akpinar
Tim Akpinar
answered on May 30, 2024

It would be best for an Alabama attorney to advise you, as your matter involves state-specific vehicle and traffic laws. However, in virtually all jurisdictions, the middle car (your car) in a setting such as this is usually not liable. It's not your fault that someone hit you. It's no... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: My daughter swore to give me $10,000 when she received a lump sum payment of $27,000./she lied
James L. Arrasmith
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answered on May 27, 2024

It can be really hurtful when someone close to you breaks a promise, especially when it involves money. If your daughter swore to give you $10,000 from her lump sum payment and didn't follow through, you might feel betrayed and unsure about what to do next. It's important to address the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: I was arrested in charged with cocaine sales 40 years ago not been any real trouble since how doI APPLY FOR PARDON

If every citizen has a right to bear arms will that include me?someone said a shotgun for protection? I WOULD love to vote also

James L. Arrasmith
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answered on May 24, 2024

To apply for a pardon for your cocaine sales conviction from 40 years ago, you'll need to follow the procedures specific to your state. Typically, this involves submitting a formal application to the governor's office or a designated pardons board, including detailed information about... View More

1 Answer | Asked in Criminal Law and Civil Rights for Alabama on
Q: My husband was picked up for FTA while on community corrections he has been in jail since may 8 th 2024 he has not seen

Judge or anyone within 72 hours shouldn't he be released

James L. Arrasmith
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answered on May 24, 2024

If your husband was picked up for failure to appear (FTA) while on community corrections and has been in jail since May 8, 2024, without seeing a judge within 72 hours, his rights may have been violated. Typically, individuals arrested must be brought before a judge promptly, usually within 48 to... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: Will my insurance cover me for an accident and then I leave them after?

I’m at fault for an accident. The other party has retained a lawyer. My insurance is going up next month and I want to change companies. If I leave the company and then get sued over the accident does the company still cover me since the accident happened while I had coverage

Tim Akpinar
Tim Akpinar
answered on May 23, 2024

An Alabama attorney could advise best, but your question remains open for a week. In general, if a policy is in effect on the date of an accident, it's likely your carrier would still defend you. However, you should double-check with your carrier. Some policies (in general) do carry caveats... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: A lien filed on home. Title insurance pays it off. Once that is done, how long should it take to clear the home title?
Anthony M. Avery
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answered on May 22, 2024

Assuming the Title Insurance actually paid off the correct lienor, it should be released of record by now. Call the Judge of Probate and ask. But you probably need to search the title as there may be other problems. You can call the lienor and complain also.

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