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2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

James L. Arrasmith
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answered on Jul 20, 2024

In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
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answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
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answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
Paul  Burkett
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answered on Jul 11, 2024

You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON...
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1 Answer | Asked in Legal Malpractice for Alabama on
Q: My lawyer I paid $4200 to represent me on a case. Went to prison and now I have zero representation? Legal malpractice?
John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Legal malpractice is doing something that a reasonably prudent attorney would not do, or not doing something that a reasonably prudent attorney would do, under the same or substantially similar circumstances. When legal malpractice is claimed as a result of legal representation in trial court... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
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answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is it illegal for the city to demolish a house I bought without contacting me?

The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More

3 Answers | Asked in Bankruptcy and Car Accidents for Alabama on
Q: I had a wredk and and no insurance my license was suspended wat do I do to get them back

I am able to reinstate my license June 2024 do I have to be paying on a the car I wrecked with...we never went to court and its down as my fault a

can i file bankruptcy on the wreck to get my license back

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation with your suspended license and the aftermath of a car accident. Let me break down the key points and offer some general guidance:

1. License reinstatement:

You mentioned you can reinstate your license in June 2024. This is likely...
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1 Answer | Asked in Bankruptcy for Alabama on
Q: I filed chapter 13 bankruptcy back in December of last year. I called my attorney a few weeks ago to ask about convertin

To a 7, he informed me the fees would

Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the... View More

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

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