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 »
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.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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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