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Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Wrongful Death, Animal / Dog Law and Civil Litigation for Alabama on
Q: I think a vet clinic is responsible for the death of my cat, any advice?
Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 25, 2020

You’ll have to either sue or file a complaint with your local licensing board.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Alabama on
Q: Hi We cancelled our wedding due to covid. The wedding planner contract says she can keep all money paid to her.

My mother has paid 1500 of a 2000 contract. 500 of that was after we already expressed worries about the date. The wedding planner was contracted for day of services, photography, videography, flowers, photo booth, dj, invites, and some decorations. I never got anything that she was supposedly... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 18, 2020

If the contract is governed under Alabama law, you should look at the contract itself. ALabama is a very conservative state in terms of contract law. The terms of the contract will govern, and courts are very reluctant to decide that this is just unfair to you. You should hire a lawyer in the state... Read more »

1 Answer | Asked in Civil Litigation, Employment Law and Landlord - Tenant for Alabama on
Q: I have an old, two years, unwritten lease with utilities with my employer who is also my landlord. Am I a tresspasser?

He is harrassing me to get out and says that I am a tresspasser but refuses to fire me, pay me, or give me a 30 day written notice to vacate although the Huntsville Police told him to do just that. He refuses to let me put the utilities in my name and he willfully let the utilities to be turned... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Oct 20, 2020

Good grief! You need to hire a lawyer immediately! If you can’t afford one go to your nearest legal aide office! And good luck!

1 Answer | Asked in Civil Litigation, Real Estate Law, Constitutional Law and Construction Law for Alabama on
Q: Is there any federal law that will help someone fight an adverse possession on a 6 foot fence being built on a 400 foot

On a 400 foot track of land inside the city limits. The person that is the trespassor s. Has had the business. For 42 years and the person that ownes the surveyed land has only had it for 4 years.

Anthony M. Avery
Anthony M. Avery answered on Oct 19, 2020

There is no Federal Law which will control here. And the adjoining landowners have probably acquiesced to the fence being the boundary line irrespective of deed legal descriptions. You can sue for a boundary dispute, but you will probably lose irrespective of your survey evidence.

1 Answer | Asked in Small Claims, Civil Litigation and Intellectual Property for Alabama on
Q: I bought a truck from someone. I found out he pawned title in 2016, I paid debt to get title

He is saying the bill of sale means nothing . I paid 1300 cash for truck 500 debt to creditors for title now he saying I owed him 2000 more and he going to go get truck

Sheila Crumley Field
Sheila Crumley Field answered on Oct 18, 2020

The bill of sale does mean something. If you paid him 1800 and have a bill of sale and he refuses to give you the truck you can have him arrested for theft by deception 1st degree, in addition to suing him civilly. Good luck!

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Alabama on
Q: I bought a Mobile Home from a individual and I have the bill of sale on it and my husband and myself decided to just

Rent the lot it was already on but a different person owns the lot. Well the person I bought my mobile home from left his camper trailer on the lot I am renting and everytime I ask him about having it moved he lies to me and tells me hes going to have it moved the following week. Well everytime... Read more »

Sheila Crumley Field
Sheila Crumley Field answered on Aug 18, 2020

You have no rights to the camper. However you do have rights to the lot it’s on since you are paying rent. Start charging him rent for every day it’s left therez

1 Answer | Asked in Estate Planning, Family Law, Civil Litigation and Probate for Alabama on
Q: What can I do when executor is running up expenses?

My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... Read more »

Jack T. Carney
Jack T. Carney answered on Aug 14, 2020

I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Alabama on
Q: My boyfriend borrowed a friends car (no insurance on car) with her permission. Something broke on the front end and he

Wrecked the car but didnt hit anyone else. She is threatening to press charges against him if he doesn't buy her another car by end of the week. The wreck just happened last night. Can she do that?

Samuel G McKerall
Samuel G McKerall answered on Jul 9, 2020

No, under the facts as you have given them she cannot do that. On the other hand, if it turns out he did NOT have her permission, then she can, but it won't get her anything since he will then have to be spending money on a criminal defense attorney.

But beyond that, and there's...
Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Alabama on
Q: If the picture on the deed an a servey don't match what does the law say or do
Amanda B Cook
Amanda B Cook answered on May 1, 2020

There really isn't enough information here to give you an opinion. You should take the deed and the survey to an experienced real estate attorney.

1 Answer | Asked in Bankruptcy, Civil Litigation and Lemon Law for Alabama on
Q: I purchased a car 5 months ago and was told that the car is now being repossessed by lein holder that I was unaware of

And also included in a bankruptcy filing but the two involved in selling the car to me or trying to get me to surrender the car to them or else I am in trouble with the law

Timothy Denison
Timothy Denison answered on Mar 15, 2020

If you have title, it is someone else’s problem.

1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Accident happened in Tennessee I live in Alabama the defendant is a national corporation with place's of business in Al.

Can I file a Federal lawsuit in Alabama

J. Brent Burney
J. Brent Burney answered on Feb 28, 2020

This is a very technical question that will depend on in depth analysis of the facts. I would suggest you schedule a meeting with an attorney that routinely practices personal injury law in the Federal courts.

1 Answer | Asked in Contracts, Criminal Law and Civil Litigation for Alabama on
Q: What recourses do I have?

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 »

Kyle D Pierce
Kyle D Pierce answered on Feb 20, 2020

A contract would’nt have anything to do with the criminal case. You likely have a civil action for breach of contract too.

1 Answer | Asked in Civil Litigation and Collections for Alabama on
Q: My creditcard company(Discover)is preparing to sue me.Can I be sued(wages garnished,etc) if they are unable to find me?
Kevin M Ryan
Kevin M Ryan answered on Jan 15, 2020

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... Read more »

1 Answer | Asked in Civil Litigation for Alabama on
Q: Next Step(s) after not getting a response from the defendants? All parties served by Court. It's been 30 days.

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 »

Christopher Belk Estes
Christopher Belk Estes answered on Jan 6, 2020

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 »

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Personal Injury for Alabama on
Q: In Alabama if probate closed in July 2019 shouldn’t the lawyer have disgust the money by now? And

How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

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... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: Can a LL sell my merchandise and re-lease the commercial property to another buyer during the eviction process?

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 »

Amanda B Cook
Amanda B Cook answered on Oct 30, 2019

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 »

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... Read 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... Read more »

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1 Answer | Asked in Civil Litigation, Family Law and Child Support for Alabama on
Q: Is there any law in Alabama that says if someone pays child support then the child cannot be kept away from them?

I pay child support but haven't gotten to see or talk to my daughter in two years. My sister in law has custody.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Aug 22, 2019

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... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Mergers & Acquisitions and Municipal Law for Alabama on
Q: Need a lawyer to represent public library?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

"Public" libraries are usually represented by a lawyer that works for the city or county that owns the library.

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1 Answer | Asked in Civil Litigation and Contracts for Alabama on
Q: Does the state of Alabama allow for the exclusion or limitation of incidental or consequential damages ?

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.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

No--not unless the written warranty expressly says you can. Why?

Because the paint manufacturer cannot possible be responsible--or able--to refund untold amounts of money spent for labor to thousands of unhappy paint customer like you.

You might want to call the painter(s) and...
Read more »

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