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Alabama Civil Litigation Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for Alabama on
Q: Can nephew make me leave a property he inherited even tho it's in the will I can stay

Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that

Anthony M. Avery
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answered on Jun 10, 2024

If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.

1 Answer | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Gov & Administrative Law for Alabama on
Q: : Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

: Does a cop initially have to tell you the reason your being pulled over in Mobile Al?

I was pulled over by an officer outside of a school zone who told me while I was in the school zone he clocked me at 42. Where the officer said he clocked me at on the ticket is where he was already... View More

James L. Arrasmith
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answered on Jun 3, 2024

In Mobile, Alabama, a police officer does not have to immediately tell you the reason for pulling you over. However, they typically do inform you of the reason after obtaining your license and insurance information. It’s common for officers to address the violation after verifying your details.... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: My daughter swore to give me $10,000 when she received a lump sum payment of $27,000./she lied
James L. Arrasmith
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answered on May 27, 2024

It can be really hurtful when someone close to you breaks a promise, especially when it involves money. If your daughter swore to give you $10,000 from her lump sum payment and didn't follow through, you might feel betrayed and unsure about what to do next. It's important to address the... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

1 Answer | Asked in Civil Rights, Consumer Law and Civil Litigation for Alabama on
Q: Is it legal for hotel housekeeping to enter my room, after me clearly stating to them I didn’t need housekeeping?

I was extending my hotel stay for another night and the manager was speaking with the housekeeper, who I assumed was his wife, and he asked me if I needed housekeeping. I said no and she went straight upstairs to my room and opened the door with my husband and kids and didn’t knock or say a word.... View More

James L. Arrasmith
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answered on Jan 28, 2024

Yes, it is typically illegal for hotel staff to enter your room without consent after you have explicitly stated that you did not need housekeeping services.

A few key points on hotel privacy rights:

- Hotels must generally obtain verbal or written consent prior to entering an...
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1 Answer | Asked in Civil Litigation for Alabama on
Q: I won a case in Lee County Alabama March of 2021. I have not received anything. Can I garnish his wages or anything?

18 thousand plus 7 percent interest.

James L. Arrasmith
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answered on Jan 27, 2024

If you won a case in Lee County, Alabama in March 2021 and have not yet received the awarded amount, you do have legal options to enforce the judgment. In Alabama, one common method to collect a judgment is through wage garnishment. This process involves a court order directing the debtor's... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Alabama on
Q: If I've been staying in a hotel for more than 90 days in Alabama and I pay on a day-by-day basis am I a guest or tenant?
James L. Arrasmith
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answered on Jan 1, 2024

In Alabama, the distinction between being a hotel guest and a tenant can be nuanced, especially when you've been staying at a hotel for an extended period, like over 90 days. Typically, if you're paying on a day-to-day basis, you are considered a guest rather than a tenant. This... View More

2 Answers | Asked in Contracts and Civil Litigation for Alabama on
Q: Does a attorney not have a obligation to see a case completed once he takes it own ? If so what can be done about it ?
T. Augustus Claus
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answered on Dec 29, 2023

Yes, attorneys generally have an ethical obligation to diligently represent their clients and see a case through to completion once they have taken it on. If you believe your attorney has failed to fulfill this duty, you may have grounds for a legal malpractice claim. Legal malpractice occurs when... View More

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2 Answers | Asked in Contracts and Civil Litigation for Alabama on
Q: Does a attorney not have a obligation to see a case completed once he takes it own ? If so what can be done about it ?
Tim Akpinar
Tim Akpinar
answered on Dec 30, 2023

In general, attorneys have a duty to provide diligent representation and to advocate the interests of a client. Situations do arise where attorneys withdraw from cases or clients dismiss their attorneys. It can be fact-specific, depending on the situation, time remaining for statute of limitations,... View More

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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Alabama on
Q: My son was told by an outside doctor Kilby took him he had never seen anything like it and he needed surgery asap, he

Has yet to have it. He was also beaten so bad by guards he was hospitalized for over a week his heart stopped the cuffs on his ankles cut so deep in his skin till they got real infected it left scars. They have turned him away and not let him eat, besides his illness can cause death, he has lost so... View More

James L. Arrasmith
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answered on Dec 20, 2023

The situation you describe involving your son is deeply concerning and requires immediate action. If he is being denied necessary medical treatment and has been subjected to abuse, this may constitute a violation of his civil rights.

First, it's important to gather all evidence you...
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1 Answer | Asked in Civil Litigation for Alabama on
Q: HiWe had some people staying on our property in an RV who left 5 months ago, abandoning their RV. Can we remove it
James L. Arrasmith
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answered on Dec 19, 2023

In Alabama, dealing with abandoned property, such as an RV, on your land requires following specific legal procedures. First, it's important to determine if the RV is indeed legally considered abandoned. Generally, property left unattended for a prolonged period without any indication from the... View More

1 Answer | Asked in Civil Litigation for Alabama on
Q: I got sued by a company for a car wrap job and was told that I have to give their money back

I lost the case and have been having to pay the people back over the past year. I drove past their place the other day and noticed that they still have the wrap on their vehicle, so do they get their money back and get to have the wrap also? Or do I get to take them back to court and sue them for... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you lost a lawsuit and were ordered to pay restitution, the judgment should have outlined the terms, including any action required regarding the car wrap. If the terms included removal of the wrap and the company has not complied, this could potentially be a violation of the judgment's... View More

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
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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 and Civil Rights for Alabama on
Q: I've been having issues find an attorney with my false imprisonment case if anybody would like to help me with it please

But I'm suing the state of Alabama if anybody would want to help with me with my case please respond to this question

James L. Arrasmith
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answered on Jun 3, 2024

Dealing with a false imprisonment case can be very challenging, especially when suing the state of Alabama. It's crucial to gather all relevant evidence, including documents, witness statements, and any other proof that supports your claim. Ensuring your legal documents are properly prepared... View More

1 Answer | Asked in Products Liability, Agricultural Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Need a local Alabama lawyer to help sue dog food company and pet treat company that's product made my pets very ill
Tim Akpinar
Tim Akpinar
answered on May 17, 2024

An Alabama attorney could advise best, but your question remains open for a week. You could search for attorneys online and supplement your searches with the tab above, "Find a Lawyer." Local and state bar associations could also be a resource for locating attorneys within your area, Good luck

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Alabama on
Q: Can I have a car towed from out front of my house? Can I post a No parking sign towing at owner’s experience?

My neighbor has a fence and his grandkids are parking past the fence which is the property line out in front of my house.

John Michael Frick
John Michael Frick
answered on Oct 10, 2023

As long as they are parked ON YOUR PROPERTY and not on a public roadway, you can refuse to allow them to park. But you don’t own a public roadway even if it is in front of your house.

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