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Alabama Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Alabama on
Q: Can i sue for false chargebacks

My company did renovations for a customer who paid with a credit card then after the work was completed and paid for a month later he submitted a chargeback

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Dec 9, 2022

Have you disputed the chargeback and submitted proof of the legitimacy of the agreement to pay? That would be your first step.

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over her probate. Her house

was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.

My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... View More

Anthony M. Avery
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answered on Jul 1, 2022

The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... View More

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Car Accidents for Alabama on
Q: What are the options when you're involved in an accident with a driver whose license is suspended and uninsured?

Also, what happens if the vehicle does not belong to that driver?

Hunter Garnett
Hunter Garnett
answered on Feb 26, 2022

You have several possible claims against three possible defendants. Realistically, your recovery is likely limited by the amount of insurance that is available. I'll break down each of your possible claims, but you probably only care about the practical advice so I'll start there.... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Civil Rights for Alabama on
Q: It has been raining in my apartment due to storm damage over a year. Where can I get help with a matter like this?

I (we) have reached out to many people about this. Other tenants have been to the mayor ,sheriff and health department as a group. No one will come. Not even a bad area. We are right beside an elementary school. The Health Department wont come just this week after a year of calling did I finally... View More

Travis T Juneau
Travis T Juneau
answered on Sep 16, 2021

If your apartment is uninhabitable and you have made the landlord aware and the landlord has failed to improve conditions and make the home habitable then you are allowed to break the lease and move. If you get sued by your former landlord for breaking the lease you will have a recognized defense.... View More

1 Answer | Asked in Consumer Law, Contracts, Banking and Collections for Alabama on
Q: New question statute of limitations Alabama

7 years ago in Alabama I bought a car through the dealership and they sold the loan to AlabamaTelco Credit Union. AlabamaTelco is now Avadian Credit Union. I never stepped foot in the credit Union and was never a member. I lost my job and returned the car to Avadian. Now almost 6 years later... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 9, 2021

General statute of limitations for debt collection actions on a contract is six (6) years. If it is a credit card or open line of credit then it is potentially three (3) years. It seems likely that your loan would be a six year statute. Now because your loan has been transferred between different... View More

2 Answers | Asked in Arbitration / Mediation Law and Consumer Law for Alabama on
Q: Is there a class action suit against Johnson & Johnson Consumer, Inc. involving OGX Renewing Argan Oil of Morocco Shampo

I have used these and my hair has been coming out by the handfuls. It is so thin on top you can see my scalp.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 7, 2021

Do no t know, however feel free to do a search on google as see as a starting point.

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1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Alabama on
Q: How can I stop forclosure if the bank has charged me over state limit on interest?

I borrowed 48,000 16 yrs ago the 1st 6 yrs was 11.25% after modification it was still 8.9 alabama max is 8. I still owe 41,000 and I've already pd approx 83,000 and they still want to forclose what are my options?

Timothy Denison
Timothy Denison
answered on Dec 18, 2020

Plead the usury and fraud in the foreclosure action against you as affirmative defenses and file a counterclaim for overpayment.

1 Answer | Asked in Consumer Law, Contracts and Criminal Law for Alabama on
Q: Is this grounds for dismissal

Timestamp on video is different from what police says when crime was committed. Reports show Feb 2nd 2016 a control buy was made. Video shows it was 9/26/2009.

Sheila Crumley Field
Sheila Crumley Field
answered on Oct 24, 2020

No. If they have the confidential informant there to testify to the actual date it happened and also the police officers, then it will not matter what the time stamp on the video says.

1 Answer | Asked in Consumer Law, Criminal Law and Arbitration / Mediation Law for Alabama on
Q: What is the Code of Alabama definition of "Individual"?
Tim Akpinar
Tim Akpinar
answered on Sep 18, 2020

Only an Alabama attorney is qualified to answer your question, as it involves state law. But it remains open for four weeks. As a GENERAL matter when it comes to basic and elemental terms in statutes, their meanings often tend to be straightforward. If a matter involves the need for high-level of... View More

1 Answer | Asked in Consumer Law and Civil Rights for Alabama on
Q: I just got an email saying there will be a lawsuit filed for today’s date the 14th for my SSN which was actually on It

Is it a scam? It also says court info will be sent to by the USPS but has no link to any thing and it says the lawsuit like I knew about it?

Adam Savett
Adam Savett
answered on May 14, 2020

Probably, but without more information, it would be almost impossible for any attorney to assist you.

For example:

1. Is the email from a recognizable email address (e.g. larry@deweycheatemandhowe.com) or is it from a nonsensical string of letters and numbers (e.g....
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1 Answer | Asked in Consumer Law and Small Claims for Alabama on
Q: I paid a contractor in full for labor and materials . He never completed the job . He is now saying he does not owe the

Materials because it was not completed on the original date . The original date changed because of weather related situation . Does the contractor owe me the money back for materials

Sheila Crumley Field
Sheila Crumley Field
answered on Apr 14, 2020

Yes he owes you for the materials if he never completed the job. You will have to sue to get it back but you can also get attorneys fees and court costs.

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Alabama on
Q: Is it legal for a loan company to do a hard pull on my credit to see if I am making other payments without my consent
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 9, 2020

check if you signed anything that would allow them to do that.

the application may have included an authorization to do that.

1 Answer | Asked in Bankruptcy and Consumer Law for Alabama on
Q: I just completed a Chapter 13 bankruptcy 5 year 100% payback plan and received a discharge.

In 2014 I co-signed a student loan application for my stepson. His mother and I got divorced later that year. All during the plan this “Sallie Mae Bank Inc” loan showed as being in a “Closed” status on my 3 credit reports. Now that I have completed the plan and received a discharge the... View More

Timothy Denison
Timothy Denison
answered on Jan 20, 2020

You can contact the credit bureaus regarding this but the bottom line is you are still obligated on the note. Was it not dealt with in your divorce?

1 Answer | Asked in Consumer Law and Small Claims for Alabama on
Q: Took my vehicle to a body shop to help color changed o

Took my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor bodTook my vehicle to a body shop to help color changed on rally stripe down the center blackout on rims and some minor body work dropped off March 30th the it was still at shop over... View More

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2019

Just about any attorney could write the letter you describe. I don't know what kind of working relationship you have with the shop, but it's possible that it could be more practical to simply contact them yourself in a less confrontational manner and ask them what is causing the delay and... View 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... View 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... View More

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1 Answer | Asked in Consumer Law and Criminal Law for Alabama on
Q: What constitutes fraud?
Tim Akpinar
Tim Akpinar
answered on Aug 1, 2019

Fraud is essentially conduct that embodies deception and dishonesty. Depending on which jurisdiction's civil or penal codes you look at, it could be defined in a number of different ways. Its general attributes are that is done knowingly and deliberately by the wrongdoer, with the intent to... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Alabama on
Q: Landlord changed locks on a commercial property I've leased till 2020 without notice. Should I call locksmith to get in?

The commercial property is leased in Montgomery .The contract states that it's for two years ending in 2020. A week ago today the landlord and I had a disagreement about a sublease she wanted to add to the contract already signed .The sublease states I give up half of the property leased to... View More

Gary Kollin
Gary Kollin
answered on Jul 30, 2019

How can any attorney on here answer the question without reviewing the lease, the payments and all other issues.

Did you call landlord?

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2 Answers | Asked in Consumer Law and Collections for Alabama on
Q: How would the creditor take my income as a 1099 independent? Also is there anyway to stop them I assume filing bankrupt

Also you can only file for bankruptcy once per 7 years is this correct and how can they take my income as a 1099 independent? Is there another way to stop the creditor from taking my income other than bankruptcy?

Mr. James Parrish Coleman
Mr. James Parrish Coleman
answered on Jul 11, 2019

A person who is a judgment creditor can garnish your wages or income. Remember, because they have a judgement against you -- the portion that they are able to garnish is theirs, not yours. If you have filed bankruptcy within 7 years you can't file again. They can also garnish your bank... View More

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1 Answer | Asked in Consumer Law, Employment Law, Contracts and Collections for Alabama on
Q: My wages are being garnished by employment for old credit card debt. If I quit my job and work as a 1099 what can happen

This is in Alabama and the bank is capital one for one judgement for around $1,200 which is being garnished as a regular employee and I have another judgment for $2,000 something that can’t be garnished because I’m already being garnished I never went to court for this. If I was as a 1099 or... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 10, 2019

Changing your employment status from regular employee to 1099 independent contractor will NOT stop or prevent a judgment creditor from seizing part of your paycheck. In fact, changing status will INCREASE the amount of the paycheck--which should bring a smile to your judgment creditor's ugly face.

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... View 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.

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