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answered on Jun 29, 2018
Contracts for separation in ALabama, either a divorce or a separation "mensa et thoro" are within the subject matter jurisdiction of the Circuit Court in a divorce action of a legal separation. If your "contract" which I assume is something you drafted yourself, is enforceable... View 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... View More
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?
Leave town. I informed the landlord of this on June 11th and asked for my money back I need it to move.. I never even stepped foot in house other than to sign the lease. Is it legal for him to keep my money? Please help!!
answered on Jun 12, 2018
If this is an Alabama question , please confirm that.
We signed a 60 day notice stating we would be out by June 5th. The apt manager also signed this agreement. On June 5th we went to turn our keys in and the manager said he made a mistake and the contract ended June 29th. He said we have to pay the entire mi th rent or he will turn it into... View More
answered on Jun 6, 2018
If you are in South Carolina I can't help you. I am an Alabama lawyer.
Having issues with a retail space contract, no notice of raising rent and CAM fees (less than 30 days), and imposing previous months fees on the smaller businesses in a shopping center. There is a cap on the rent and CAM fees in our leasing contract.
answered on May 24, 2018
Are you subject to a written lease? If so, read the lease. The duties as to fees and such things are spelled out there. If the landlord has violated the terms of the lease, you may be able to break it and move out. Take the document to an attorney and get him or her to read it carefully and explain... View More
Owner resides in Arizona, property is in Alabama.
answered on May 22, 2018
I assume what you want to do is sell a parcel of real property to a person and finance it for the buyer. The simplest way to do this is with a Vendor's Lien Deed and a Promissory Note.
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
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
I live in a neighborhood with a HOA. My house is on a culdesac with an empty lot next to us (the empty lot has been deemed not build-able). I want to extend my driveway about two-feet towards the empty lot, but still on my property.
answered on May 2, 2018
That's a question that can't be answered without looking the HOA's official documents, any subdivision regulations that apply and any local city, town or county ordinances that apply. Here's a short un-researched educated guess (that may or may not be correct): If none of the... View More
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?
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
i cared for him with cancer with very little help from his son since 2003. He then threatened me physically demanding I sign off on his retirement. I was left 1/2 the retirement and 12,500.00 life insurance. He gets the bedroom suit I sleep on and I get one tv. I owned my mobile home and car or I... View More
answered on Mar 19, 2018
You need some help here. You are confusing terms of divorce (marital property) with an estate. The only property that is the property of your late husband's estate is his separate property. You need to get to a lawyer and find out what your rights are.
We haven’t broken ground yet, and I have agreed to let the builder keep the earnest money.
answered on Mar 17, 2018
You probably can't be forced to build a house you don't want (this is called specific performance) but you may be liable for damages in breach of contract. You should go see a lawyer on this and have him or her read the contract carefully and lay out your options.
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?
answered on Mar 2, 2018
Yes, I would file charges against him.....it's called "theft by deception!" good luck....
We received the release letter from the court that indicated the balance on the car account was $0. Why would a well-established major car credit company mail a clear title to a buyer if there was still a balance?
answered on Mar 2, 2018
I would assume that your wife filed the bankruptcy and you did not? If that is not the case, then you are not protected from this creditor when your wife received her discharge order. I believe that they are attempting to come after you for interest not paid on the account during the 5 year... View More
answered on Feb 27, 2018
Your social security benefits can't be garnished for a commercial debt. They can be garnished for student loans, alimony and child support. Your retirement -- that is not social security -- can be garnished.
My husbands Grandma and Grandpa have 7 kids and 17.8 acres of land. GM, GP, and 1 kid have passed away. 5 of the remaining kids want to sell their rights to the 17.8 acres to my husband. The 6th kid does not want to sell. How does my husband go about full ownership?
answered on Feb 26, 2018
This is a common problem. As I understand, there are 6 heirs at law of grandparents. One child has died. If that child had any children, they have the same rights as their deceased parents. So, if all parties but one wants to sell, what to do? FIrst, the property could be sold through the estate of... View More
Lets start from the beginning. My best friend was driving a motorcycle that was in my name. A guy ran a red light while he was turning and the bike was totaled. Now the towing company that fetched the wrecked bike is now informing me that they will charge me roughly 1000 dollars in cash in order to... View More
answered on Feb 20, 2018
Towing is a racket. Find out what they are charging you for. See if your motorcycle insurance will pay it. Send the bill to the guy who ran the red's insurance. They don't pay, contact a member of the Ala Assn for Justice--they give free consults. Look for one who handles "bad faith... View More
Stated I turn key in late by only 3 days. Landlord did inspection and said I owe them a full month rent for turning the key in late what can I do there holding my full deposit
answered on Feb 16, 2018
THere are a lot of facts that are missing here. Had you moved out? Did the landlord evict you? What kind of shape was the place in? You need to see an attorney in your town. The Alabama Landlord Tenant Act has some very specific protections for you in move-out situations. GO see a lawyer.
I signed a lease for a commercial business that says Month-to-month, but also states the term of the rental contract is a year and a half. The landlord hasn’t fixed anything that was previously wrong with the building the three months I’ve been there like he said he would in the lease. And... View More
answered on Feb 4, 2018
Your question can't be answered without reading the document. The failure to fix things, and the apparent ambiguity in the document are two separate issues. Who drafted the document? It is possible that the document is ambiguous as to the term of the lease. If so, that ambiguity would be held... View More
I’m a nurse practitioner and I signed an employment contract to give 3 months notice prior to resignation. However, they recently posted my job on Indeed. I approached my collaborating physician about it and he never came out and said it was my job but didn’t say it wasn’t either. He did say... View More
answered on Jan 29, 2018
I think it is entirely possible that your contract with the doctor is not enforceable because you are a professional. Call a lawyer in your town and get some advice here. Make sure the attorney knows that the new statute concerning non compete agreements does not abrogate the prohibition against... View More
I am a real estate investor with a concentration in wholesale real estate. My LLC has 2 DBAs for marketing purposes and to keep sellers' & buyers' customer services separate; however, I often assign or double close on my purchase aggreements. Would it be best for me to just use my... View More
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