Lawyers, Answer Questions  & Get Points Log In
Alabama Civil Litigation Questions & Answers
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... View 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...
View More

1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: I got a new car from the dealership. The car was not financed. I returned the car. The dealer says I owe them.

I traded in my vehicle. The dealership paid it off without the new car being financed. I asked if I could buy back my car I traded in...the response was no. The new car was never financed. Now the dealership says they're suing me for the cost of the new car that I returned. Can they do that?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Apr 11, 2018

I assume this is an Alabama matter. This depends on what you agreed to do when you entered into a contract to buy the car. What makes you believe that you can "return the car"? The fact that the financing was not complete is probably beside the point. You should examine your sales... View More

1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Alabama on
Q: Can I file an auto accident lawsuit in Alabama with no driver license and no SSN?

I was hit when the other person failed to stop at the stop sign causing personal injury and damages to my vehicle.

Peter N. Munsing
Peter N. Munsing
answered on Mar 28, 2018

Yes, but you should contact a member of the Alabama Assn for Justice --they give free consults.

1 Answer | Asked in Civil Litigation, Collections and Contracts for Alabama on
Q: I paid someone $3,000.00 for a mobile home. There was a signed contract, but he didn't deliver it or refund the money.

He gave me the option of either continuing to wait on him or receive a full refund

I asked him for a refund and he assured me that he would refund me the money. I have not received the refund yet. Can I file a police report?

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

Yes, I would file charges against him.....it's called "theft by deception!" good luck....

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: i jointly own rental property in AL with my x-wife. We live in FL. Can a creditor attach a lien in AL for money I owe?

Property in AL titled survivorship warranty deed fee simple.

Rafael Gil III
Rafael Gil III
answered on Mar 2, 2018

Yes, if you owe money to a creditor AND they obtain a judgment they can place it on any and all property you own in your name....this is regardless of whether or not you own it jointly with someone else! If they do not have a judgment, they can't arbitrarily place a lien on the land.... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Libel & Slander for Alabama on
Q: I'm renting a home on a month to month leases. I have rented property 3 months, & rent & water was drafted each week.

The Landlord sold property out from under me,&had said that I could buy the property & home ,having first choice of buying. The Landlord has made things inhabitable&unsanitary by cutting off the water. I dont know if property has sold or not, because Landlord has lied & mislead me... View More

Samuel G McKerall
Samuel G McKerall
answered on Dec 11, 2017

The standard drill would be for me to tell you to hire a lawyer but I can tell you can't afford one. We do have legal aid in some counties in Alabama, but with your response due tomorrow (well, today, now - Tuesday) you don't have time to go to them to see if you qualify.... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: If medical is left open am I entitled for gas mileage reimbursement and how far back can I file for remimbursment
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Call the attorney who worked on your c & r

Generally you only get mileage under certain circumstances.

1 Answer | Asked in Civil Litigation and Juvenile Law for Alabama on
Q: My son is 17 and lives with me. He doesn't want to live with me anymore. He is on my lease. Do I need a eviction notice?

Am I still responsible for him if he leaves?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Oct 27, 2017

Yes you are responsible for him! He is a minor and not an adult. He is not on your lease as a renter (he can't be, he is a minor). You need to talk to a lawyer in your county about a CHINS petition or something similar.

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: Private road that runs over several others private property. Files and laws

Can an individual forcefully apply red clay to the private property private road without approval then sue the individuals for money to pay back for red clay?

Samuel G McKerall
Samuel G McKerall
answered on Sep 28, 2017

No, unless they asked him to do it, in which case the answer would be yes. Well, actually, anybody can sue anybody, but if no one asked him to do it and he sues anyway he will lose.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or...
View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: hi, if i dont have rent a centers items when they come collect will i he arrested?
Samuel G McKerall
Samuel G McKerall
answered on Sep 18, 2017

Not right then, although you may be arrested later, depending on the reason you don't have the items.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not...
View More

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Alabama on
Q: Can I serve a trespass instead of eviction? original lease pur agreement, mh located on my real property?

I originally agreed to a vague, written lease option agreement with option to buy mh located on my real property to family friend. Unfortunately, he never pd mh off through leinholder nor fullfield the terms of the lot rent of 45 dollars monthly, in addition to maintaining the lawn. Served... View More

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Sep 14, 2017

If there was an agreement in place that he would pay rent your appropriate remedy is eviction. If there is no rental agreement, then you would file an ejectment. That would be your appropriate remedy You need to hire a lawyer to help you with this. THese kind of home-made agreements often fall... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: My husband's grandmother passed He was willed her home. It says he can only sale to relatives is that true
Samuel G McKerall
Samuel G McKerall
answered on Sep 9, 2017

The answer to your question is: "Probably". It depends on the exact language in the will. Take it to a competent lawyer near you for a definitive opinion.

WARNING: I am not your lawyer and providing you with the generic information, definition, clarification or explanation you...
View More

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Municipal Law for Alabama on
Q: Can the HOA of a residential neighborhood have a guest's vehicle towed?

The streets are not private and are county owned (i.e.: there is no gate requiring entry to the neighborhood, city police do not patrol, but the sheriffs do.) Guest vehicles are explicitly omitted from the CCR. And I quote,"Nothing contained in this paragraph shall preclude guests or invitees... View More

Samuel G McKerall
Samuel G McKerall
answered on May 9, 2017

Interesting question well presented. The only way to a legal answer will be by consulting a local lawyer who has experience with subdivisions, developments, owners' associations and permitting, He will have to review the homeowners' association forming documents and its rules and... View More

1 Answer | Asked in Consumer Law, Contracts, Appeals / Appellate Law and Civil Litigation for Alabama on
Q: What to do when you've signed an arbitration agreement & days later find that the auto dealer has committed fraud?

The dealer represented that a car had only been listed as used because the owner of the dealership used it for a short period of time & knowing that the owner had intentions of selling the car, I assumed that it was well taken care of. I was originally interested in a new car but a taken care... View More

Samuel G McKerall
Samuel G McKerall
answered on May 5, 2017

You're out of luck. You can't buy a car from a dealer anywhere without having to sign an arbitration agreement. You signed it. You're stuck with it.

Your damages are minimal, if any. You thought you were buying a car with 4,000 miles on it and you got a car with 4,000...
View More

1 Answer | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If you sue someone on a wrongful death suit ,and there insurance company pays

Can you still file civil suit Or sue a facility he was being held at ,like a work release facility?

Peter N. Munsing
Peter N. Munsing
answered on Feb 13, 2017

Chances are no for two reasons--the insurance company represented the parties that were doing wrong and also would have asked the administrator of the estate for a release before making any settlement payment. That release had a number of clauses. But I'm assuming you have a lawyer. Why not... View More

2 Answers | Asked in Personal Injury, Wrongful Death, Criminal Law and Civil Litigation for Alabama on
Q: If someone is in work they are put on road crew and are hit by a car that is speeding what can

(He was on work release )Be done besides the drivers insurance company,is the facility held reliable and if you sue his insurance company can you still take him to civil court or go after the facility,after sueing,his ins.company he was a adoc inmate

Samuel G McKerall
Samuel G McKerall
answered on Feb 12, 2017

This is not a criminal law question. Its a civil law litigation question.

Any time you are injured in any way you and your lawyer should sue every single person, firm, corporation or governmental entity that you and he or she can reasonably determine might be responsible. You do not sue...
View More

View More Answers

1 Answer | Asked in Civil Litigation and Probate for Alabama on
Q: what happens if we dont put my dads estate in probate

never makes it to probate

Samuel G McKerall
Samuel G McKerall
answered on Jan 25, 2017

It depends on the value and type of property and debts your Dad had when he died. If he had anything valuable it may be difficult to sell anything he owned that has a title. If he owned any real estate most people will not buy it unless you go through probate.

The reason for the above is...
View More

1 Answer | Asked in Civil Litigation and Consumer Law for Alabama on
Q: What is the statute of limitations on unpaid cell phone bill?
Samuel G McKerall
Samuel G McKerall
answered on Jan 25, 2017

In Alabama its 3 years from the date of the last charge OR the date of the last payment, whichever is most recent. In other words, every time you make a payment on the bill the statute of limitations resets and starts all over again. The time period varies from state to state, so this advice is... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Small Claims for Alabama on
Q: If I have power of attorney over my grandmother and she dies without a will am I still over what was listed?
Samuel G McKerall
Samuel G McKerall
answered on Jan 25, 2017

No.

Powers of Attorney become void at the moment the person who granted the power dies.

1 Answer | Asked in Criminal Law, Contracts, Products Liability and Civil Litigation for Alabama on
Q: What kind of criminal charges may occur with a title pawn in Alabama?

Title pawn owner was very rude. I know I was in default so I took all his attitude with a smile. The car broke down in private property, pawn company did not pick it up fast enough so I sold it as scrap metal to get it off the property. I have every intention of paying the $450 back. I told the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

It's convoluted and the cops might say for him just to sue you, but I would consult with a criminal lawyer so you know what to say and what not to say if he comes knocking.Next question is what does the pawn ticket or agreement say your liability is, and did you sign the title over to him. If... View 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.