Lawyers, Answer Questions  & Get Points Log In
Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for Alabama on
Q: What recourses do I have?

I had a written signed contract for specific items in exchange for yard work w/ time frames for completion. Instead of doing work, they took the items, broke into the property, took additional items destroying/damaging others. Amount taken is upwards of 60k including vehicle, major appliances,... Read more »

Kyle D Pierce
Kyle D Pierce answered on Feb 20, 2020

A contract would’nt have anything to do with the criminal case. You likely have a civil action for breach of contract too.

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
Kevin M Ryan
Kevin M Ryan answered on Jan 15, 2020

After a reasonable attempt to locate you for personal services of the Summons and Complaint, and after filing an Affidavit with the Court verifying that you are not deployed on United States Military Service, the creditor can file a Motion with the Court for permission / authorization to "serve"... Read more »

1 Answer | Asked in Civil Litigation for Alabama on
Q: Next Step(s) after not getting a response from the defendants? All parties served by Court. It's been 30 days.

1.Because I could not obtain legal counsel for this case and was running out of time (24 month statue of limitation), as Pro Se, my petition asked for a Bench Trial (good or not?); 2. Since it has been 30 days, after filing the Complaint and neither party has answered, even though they received the... Read more »

Christopher Belk Estes
Christopher Belk Estes answered on Jan 6, 2020

1. Bench trial versus Jury trial - it all depends on your venue (what county you are in) and the type of claim you have. Juries are drawn from the people of the county where you filed your claim - if those residents tend to be more conservative or liberal in general, that is likely what your jury... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

I am in the midst of eviction proceedings on a commercial property. Prior to the finalization of the eviction process, the LL has re-leased the property and as part of the lease, given to the new lessor my merchandise (over $250,000 worth), and moved them into the store property. I am currently... Read more »

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

The short answer is that it depends on what your lease allows and how much you owe the landlord. If this is going to lose you more money than allowed under the lease, then you should bring this immediately to the attention of the Court. I strongly recommend that you hire an attorney to represent... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law and Contracts for Alabama on
Q: What does it mean when a creditor leaves you a message that the account is pending litigation?

I recently found out that several accounts (signature loans, credit cards) have not been paid by my (now ex) finance. Bankruptcy appears to be my only option. However, I am having to come up with the money to pay an atty.

Is litigation the same as a lawsuit? Can this turn into a... Read more »

P. Vaughan Russell Jr.
P. Vaughan Russell Jr. answered on Sep 13, 2019

Yes, litigation is another term for a lawsuit. If collection actions have been filed against you, then you will have been served with paper legal documents: a Summons and Complaint, either by certified mail or process server/sheriff. This is required for any lawsuit to move forward. Telephone... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on
Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 22, 2019

If you are the parent, unless there is some court order that says you can't see the child, you can petition the Court to establish parenting time for you with the child. You don't say this, but I expect that the Alabama Department of Human Resources took you to Court to compel you to pay child... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

View More Answers

1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: Does the state of Alabama allow for the exclusion or limitation of incidental or consequential damages ?

I ask as this pertains to a "lifetime warranty" on a brand of paint that has malfunctioned less that 3 years after application. Can I hold the paint manufacturer responsible for labor costs, etc ? Not just the replacement of paint ? Thank You.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

No--not unless the written warranty expressly says you can. Why?

Because the paint manufacturer cannot possible be responsible--or able--to refund untold amounts of money spent for labor to thousands of unhappy paint customer like you.

You might want to call the painter(s) and...
Read more »

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Alabama on
Q: We were issued a wage garnishment , but the amount was already taken out of our bank account in February.

Over the weekend we were served with a wage garnishment , but the money was already taken out of our bank account in February . This is the same court case number and amount that was already deducted in the February withdrawal. We never received a garnishment letter from the withdrawal in February... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Unless the earlier garnishment was insufficient to repay all of the debt underpinning it, I cannot think of a reason why the garnishment has re-appeared. If you want to get rid of it--temporarily--close the bank account; and do not open another account at the same bank.

1 Answer | Asked in Civil Litigation for Alabama on
Q: How does one file a motion in small claims court in Autauga County Alabama to direct court to issue a notice of lawsuit

I file a small claims case against a neighbor who owe the property but he resides in Georgia. The court sent him a certified letter which he either refused or avoided. The Alabama civil codes provides for service by publication in a local newspaper if the defendant is avoiding service. The... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 8, 2019

Either learn some Alabama Procedure and file a Motion and Order for Service by Publication, or hire an attorney. It is not that difficult, and the newspaper will probably help you.

1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Q: i had a friend put parts on my used truck. we agreed to an amount. the problem came up about installments and times

i wasnt satisfied with work. his timeframe and damage he left

Tim Akpinar
Tim Akpinar answered on Apr 10, 2019

If the scope of work/payment conditions were reduced to writing, you could raise the issue that the work was not performed according to the terms agreed upon. If the job was handled more or less over a handshake, that could present some challenges in terms of reaching a fair and efficient... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Workers' Compensation for Alabama on
Q: I'm interested in filing a suit against let's eat out Incorporated

I have proof of the wrongs that were done to me at the Athens Alabama location and have proof that I reached out for help from people and higher positions and was ignored also there are for other people and similar situations with proof for their own wrong-doings by this company.

Tim Akpinar
Tim Akpinar answered on Oct 25, 2018

Based on the limited details here, it could be difficult for an employment attorney to advise you whether or not you have a valid claim. If you consulted with an employment attorney, you could at least learn what timeframes you need to take action before to preserve your legal rights if they... Read more »

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: what are my options to hold an officer accountable for violating several of my rights during a routine traffic stop?

is there no accountability to hold the officer accountable should he pull you over for no reason, lie about what he pulled you over for, fabricate some sort of probable cause evidence to search my car without my consent, forces me to stop recording the stop with my phone, two diff officers tell me... Read more »

Gary Kollin
Gary Kollin answered on Sep 21, 2018

I told you on that without writing in sentences beginning with capitals and ending with periods, it is impossible to be certain enough to respond accurately. Your writing is a single run-on sentence.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Alabama on
Q: I was not notified in writing by LL and now he is stating that if I stay beyond 9/30/18 rent will be 3 times the monthly

I'm on a month to month and do plan to be out no later than Oct 13th but dont want to be battling him in court and want my security deposit back. However he sent in a text message that 9/30/18 would be my last month.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Sep 20, 2018

The landlord may not terminate your tenancy via text message.

1 Answer | Asked in Civil Litigation, Traffic Tickets, Civil Rights and Constitutional Law for Alabama on
Q: during a traffic stop, can an officer lie to me about catching me on radar, then fabricate the speed he cites me for

my vehicle is equipped with an accurate speedometer,and i also employ an app that records my rate of travel along with the date and time and does so by GPS so is very accurate.both of my devices showed that i was traveling 43mph in a 40 zone,so i understand I was 3mph over,but during the stop, i... Read more »

Gary Kollin
Gary Kollin answered on Sep 20, 2018

Are you seriously asking if a police officer could invent evidence ?

1 Answer | Asked in Divorce, Real Estate Law and Civil Litigation for Alabama on
Q: I was awarded my property in divorced 9yrs ago but the mortgage was in my exspouse name only

I lost it in a fire..total lost now theres escrow check and I want the loan company to send it to me what can I do..to have it sent to me and not my ex...Help in Alabama

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 31, 2018

The draft from the insurance company should come to both the owner of the property (you ) and the bank You are entitled under the divorce to the net amount. If she were to get the check and refuse to endorse it to you, you can always go to the COurt to make that happen. You might start by sending a... Read more »

1 Answer | Asked in Family Law and Civil Litigation for Alabama on
Q: I'm trying to find 2 sets of court documents that I know exist: 1 civil case and 1divorce and I am unable to find in AL

one civil court case as defendant with a loss and one divorce case with children

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 27, 2018

What is your question?

1 Answer | Asked in Civil Litigation, Contracts and Estate Planning for Alabama on
Q: Agreement in front of witnesses to buy $350 item. "Check in the mail". Now refuses to pay but keeping the item.

My mother left me her personal belongings including the contents of her house and had the foresight to include a photographic inventory in her own hand. The house went to her husband in a right of survivorship but he died shortly thereafter and his heir is making things difficult. The heir made an... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Jun 22, 2018

The husband owned the stuff after she died. He died and now it belongs to his heirs. What county are you in?

1 Answer | Asked in Contracts, Civil Litigation and Collections for Alabama on
Q: What are the legal options in order to force a freelance client to pay me the money that they agree they owe?

I have a freelance client that agrees that she owes me $220. I wrote a set of articles for my client. They were supposed to be paid for within 30 days of submission date (Jan). After I wrote the articles she stopped answering my emails. I kept emailing her in December to get the best email address... Read more »

Kevin M Ryan
Kevin M Ryan answered on May 6, 2018

The fact summary sets out a “quantum meruit” claim, or “unjust enrichment.”

A written agreement and evidence of breach has a higher chance of success, but her email admission of the claim can be presented in small claims court, where you should file this case. Request all of your...
Read more »

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.