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Alabama Civil Litigation Questions & Answers
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...
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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...
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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...
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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...
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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

1 Answer | Asked in Civil Litigation for Alabama on
Q: im heard im trying to be served papers but im no longer living there is it possible to find out what for without b serve

the location is in shelby county alabama

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jan 24, 2015

You can certainly go to the Clerk's office and discretely use a public computer to go on to AlaCourt. Enter your name as a party and you'll see what cases are out there which list you as a defendant. Avoiding service is not an answer. You will eventually be served by publication and... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: Alabama civil judgment not revised after 10 years can be collected
William E. Scully Jr.
William E. Scully Jr.
answered on Dec 4, 2014

Not quite right. First of all, the term you are looking for is 'revived,' not 'revised.' There are a couple of steps that you need to go through to understand this.

If a judgment debtor doesn't pay the judgment, the judgment creditor can take different steps to...
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1 Answer | Asked in Civil Litigation for Alabama on
Q: I received a subpoena to testify at a deposition in a civil action. I received it today and it requests my presence

at 3:00PM this coming Tuesday. I cannot make that work in such short notice. What do I do?

Charles Snyderman
Charles Snyderman
answered on Jul 25, 2014

Contact the lawyer who issued the subpoena, mention the scheduling conflict, and ask him to reschedule. Do not ignore the subpoena.

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