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Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Alabama on
Q: We have a property we thought we are buying and have paid for every month since 2017. We have made $30,000 in upgrades

We have made monthly payments, including homeowners and have been paying property tax. The only paperwork we signed was promissory note and vendor's lien deed. The vendor's lien does say the grantor was to have filed deed with the courthouse. Now we are finding that potentially this was... View More

Dragan Ivetic
Dragan Ivetic pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

Was this transaction (if a "purchase") conducted with a title company? If so you might have a claim under the title insurance and potentially the seller.

However, from the sounds of it - you still owe the original owner for the purchase of the property (If I am reading the...
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1 Answer | Asked in Civil Litigation for Alabama on
Q: How should one notify the parties to a pending lawsuit of a change of address?

The state is Alabama. The Plaintiff is pro se, still waiting on an answer from the Defendant and has just moved to a new house (same county & state). Im just wondering if i should maybe write a simple letter of notice and file it with the case, or what. I scoured the local rules and everything... View More

Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

I assume that you are the pro se plaintiff. If so, you need to notify the Clerk of Court of your new address. You can do so my sending a note to the Clerk requesting that your address be updated. It would be wise to notify the defendant of the change. If the defendant has already been served with... View More

1 Answer | Asked in Appeals / Appellate Law, Personal Injury, Car Accidents and Civil Litigation for Alabama on
Q: How should you transition to a new lawyer for a civil appeal?

I contacted an appellate attorney for consideration of a civil appeal/post-trial actions, but they said they couldn't discuss anything with me according to AL law, because I was already represented. Is there an official way to sever relations with my current attorney? I am concerned about the... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Nov 15, 2022

Normally, you are simply going to terminate the lawyer. This ends the relationship. It might, however, be wise to seek the lawyer's advice regarding an attorney for the appeal. It may be difficult to find another attorney within the time limits for appeal if you have terminated one attorney.

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for Alabama on
Q: What is a good percentage to accept for my representation (contingency fee) for a tortious conduct case?

I am in the process of hiring a lawyer on a contigency fee basis, to sue for tortious conduct for interference of a body. emtional distress, etc. What is the normal/good percentage for a lawyer for such a case?

Hunter Garnett
Hunter Garnett
answered on Oct 24, 2022

It varies from jurisdiction to jurisdiction. Typically, in Alabama, the minimum fee for a personal injury case is 1/3 of the settlement.

It is not uncommon for the fee to increase to 40% or even 45% if the case is litigated or taken all the way to trial. Complex or difficult cases, such as...
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1 Answer | Asked in Uncategorized and Civil Litigation for Alabama on
Q: I received via certified mail a forged document from a local attorneys office

I am unsure if the letter was forged by an employee of the attorney or another party. Should I obtain my own attorney to handle this or go to the attorney the document came from first?

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

An Alabama attorney could advise best, but your question remains open for four weeks. It depends what the document you mention is. If it is correspondence and you suspect the signature is forged or that the document is otherwise not legitimate, you could pick up the phone and ask the attorney if... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I be charged for more expensive replacements than what I damaged
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 31, 2022

Without more information this question is going to be difficult to answer accurately.

The general purpose of civil law is to place people back in the position they would have been in had the tortious act not occurred. Compensatory damages are designed to compensate the person for their...
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1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for Alabama on
Q: I've had an affair with a client. I ended it, but he keeps pursuing me, and threatens to tell my job. What can I do

He calls, texts, and has sent things to my job. After being told not too. Im starting fear for my safety. He has incriminating text and pictures that support the affair but I also have text and emails asking him to stop contacting me.

Travis T Juneau
Travis T Juneau
answered on Jun 1, 2022

You may want to take a look at the crime of Stalking Second Degree, which states, in the relevant part, that if a person intentionally acts with an improper purpose, repeatedly harassed, telephoned, or initiated communication with another person and caused that person to reasonably fear for that... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Small Claims for Alabama on
Q: My mortgage holder is having me evicted. I have a lease purchase contract. I never violated it.

He did not serve me properly. He filed in the wrong court. Yet the judge took it anyways. What do I do now? This shouldn't of been in Civil court at all. The judge in the appeal court never heard any of my testimony. Nor looked at any of my documents. I'm not sure if my attorney even... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jun 26, 2023

If you are currently represented by your original lawyer, you must seek advice from that person. There may be answers in response to your concerns and an appropriate course of action. If you seek new counsel, much more information is necessary. A new lawyer will need to review all documents and... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I sue the business that employed the defendant that was convicted with harassment in 2022 and case was filed 2019?

Employee of business called while at work and threaten to cause bodily harm, harassed by leaving several nast verbal and attempting to contact .

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Mar 31, 2023

I'm sorry to hear about your experience. Was the harassment related the the employer's business or was it personal? Was the harassment for the employer's benefit? Please provide more details or speak directly with an experienced attorney regarding your rights and options. I wish you the best.

2 Answers | Asked in Civil Litigation, Contracts, Bankruptcy and Estate Planning for Alabama on
Q: Joint ownership of purchased property pre inheritance by step mom 3-4 yrs later made own mortgage contract only 2 signed

Step mother now pushing breach of contract also we are in bankruptcy.

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.

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1 Answer | Asked in Personal Injury and Civil Litigation for Alabama on
Q: Sprayed in face with cleaning solution do I have a case Company has not contacted me do I contact them first
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Feb 20, 2023

First, file a police report. That is an assault. Then, you can consider a civil action. What are your damages? Did you require medical attention?

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Employment Law, Civil Litigation and Employment Discrimination for Alabama on
Q: My husband was just fired from his job where they claimed he had a gun at work. This is false. Can we file civil suit?

He worked all day Tuesday 1/11/23. They did not contact him until 3 hours after he got home saying he was under investigation. The only thing they tell us is that someone reported it. There are no cameras and they didn't even bother to stop him at work to verify that day. He did no such thing.... View More

Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Jan 16, 2023

Is your husband a member of a labor union? If not, he is likely an at will employee. A at will employee can be terminated for good reason, bad reason or no reason at all.

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Products Liability for Alabama on
Q: Does the law allow Repo agent to search a repoed vehicle? What does the law require of guns found in recovered vehicle?
Allan Lamar Armstrong
Allan Lamar Armstrong
answered on Aug 26, 2022

Normally, an inventory of personal property is taken. The owner should then be allowed to retrieve the property.

1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

1 Answer | Asked in Divorce, Family Law, Arbitration / Mediation Law and Civil Litigation for Alabama on
Q: What is the law when it comes to separation before divorce in AL? Can you move out immediately?

I am miserable living under the same roof with my spouse. I came clean about being gay, and admitted to an emotional affair - but no intimacy took place. I'm too afraid to leave because he'll say I abandoned my house and belongings. We don't talk, just argue and ignore each other.... View More

Shane Michael Oncale
Shane Michael Oncale
answered on Sep 13, 2021

I cannot tell you how much confusion there is out there on the streets with this concept of "abandonment." Once upon a time (not as long ago as you would think but long enough ago that it doesn't bear more than a few words to address) you had to prove cause to get a divorce. There... View More

2 Answers | Asked in Personal Injury, Real Estate Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Myself and 8 others own an undivided lot lot with boathouses and lake access. a new is using the lot. Can he w/o permi?

The new neighbor lives adjacent to our undivided lot and got the idea if he kept it up then they could use it for extra room when having get togethers. I am concerned about injuries and them claiming the lot for themselves since they kept it up and used it for all those years. Am I correct in... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 23, 2021

I believe you have answered you question: contact an attorney in your area, discuss your situation and/or give him the above post, and ask what to do/what does he recommend.

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1 Answer | Asked in Car Accidents, Civil Litigation and Small Claims for Alabama on
Q: Truck driver passed me in a completely ice and snow covered lane and the snow flying up busted my window.

The driver had already tried to pass once and backed out because the road was that bad and then a mile or 2 later tried again. As he passed the wave of slush and ice caused me and the car in front to have to completely stop because we couldn't see and my driver side window got busted. I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2021

An Alabama attorney could advise best, but your post remains open for two weeks. As a general matter in many jurisdictions, you probably would. Check with the Small Claims Court, either through its online resources or contacting an administrative person at the courthouse as to the types of cases... View More

2 Answers | Asked in Copyright, Civil Litigation, Civil Rights and Communications Law for Alabama on
Q: a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

a you tube program has published photos of me without my permission, It is illegal? I don't want them to use my image

Timothy John Billick
Timothy John Billick
answered on Jan 6, 2021

We all have a right of privacy, which includes our "right of publicity." However, if your image was taken while you were in a public place, and/or your image was only briefly shown, it will be much harder to assert your claim. Please consult with an IP/privacy attorney to fully assess your rights.

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