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Alabama Contracts Questions & Answers
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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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 other... Read 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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1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Can I sign a lease if I have power of attorney?

This is on the power of attorney that I have... does this mean I can sign the lease?

This is in Madison, AL

(3) provide living quarters for the individuals described in paragraph (1) by:

(A) purchase, lease, or other contract; or

(B) paying the operating costs,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

Yes.

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 Business Formation and Contracts for Alabama on
Q: A contractor completed a roof job; however lied about being licensed and bonded now I don’t have a warranty on my roof.

What can I do about this situation?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Not a thing--except to sue the unlicensed roofer. But before you start a very expensive legal war that will not fix the problem, why not wait for the rains to come and see if the roof works like they are supposed to. Consider this fact:

The quality of any roof is not dependent upon whether...
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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...
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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... Read 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 Contracts for Alabama on
Q: Our sales contract sets closing on a specific date. If the buyer fails to have lender’s approval, does the contract end?

Buyer failed to secure financing because of a delayed appraisal process. Does AL law mandate a grace period after the set contract closing date?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 19, 2019

No. The parties can do whatever they decide to do.

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Alabama on
Q: A ex friend has a fourwheeler of mine that he agreed to make payments can I get it back?

I wrote up a contract stating terms and conditions payment date and total amount owed we both signed but had no witness or notary is this contract legal and how can I get my fourwheeler back since we are no longer friends and I have someone willing to get it out of my name and in theirs.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 29, 2019

It appears the contract is legal which means you can enforce it in an Alabama court.

1 Answer | Asked in Contracts for Alabama on
Q: I hired a roofing co to handle an insurance claim, they didn't do everything on contract that I'm being charged for.

Well known roofing company was hired to replace roof and vinyl siding, I signed a contract that they was gonna do everything to insurance scoop, but it wasn't. They short cut on the vinyl, already had to do major redo on roof, roof still not right, and damages to gutters. At this point I've only... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

You should be talking to your insurance company about this.

1 Answer | Asked in Contracts for Alabama on
Q: Called survey company to drive 48 miles to survey 15 acres

Was told $300-600-they did it now they say their notes from phone call state $3000 I sent two older surveys via email and he states courthouse research,travel and time in field $3000-any recourse for me

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

The difference between what you say you were told and what they say you were told is well with hiring a lawyer to read all related documents and advise you if you have a valid case.

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Roommate violating lease giving keys out, lets others stay without her being there,wont lock door apt mgmt doing nothing

Our leases are individual for each bedroom. Ive asked mgmt to do something like get her to move to other apt. She tried to get her boyfriends dog to attack me and her boyfriend followed me into elevator and threatened me to stop complaining about her. Apt mgmt advised me that I would have to sit... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

IMO, the best thing you can do is to find some way to bury the hatchet with your roommate--because the landlord probably does not care who stays where as long as they pay their rent on time. No online lawyer can help you either.

1 Answer | Asked in Contracts and Civil Litigation for Alabama on
Q: i had a friend put parts on my used truck. we agreed to an amount. the problem came up about installments and times

i wasnt satisfied with work. his timeframe and damage he left

Tim Akpinar
Tim Akpinar answered on Apr 10, 2019

If the scope of work/payment conditions were reduced to writing, you could raise the issue that the work was not performed according to the terms agreed upon. If the job was handled more or less over a handshake, that could present some challenges in terms of reaching a fair and efficient... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Alabama on
Q: Can a contract be binding if on party dies before any money changes hands. A purchase agreement,

Purchase agreement with Alzheimer medicated person

Person died before it closeo

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Are you sure this is a serious legal question? How would a dead person be forced to perform a contract if they cannot respond to an attempt to enforce it? Unless you wait until the decedent's family opens a probate case and then file a claim against the estate you are wasting your time. Caveat: Be... Read more »

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Alabama on
Q: I am purchasing a house and need to buy out of my lease. My buyout clause is very confusing.

In the last paragraph under a heading of Special Provisions it states: " your right to buy out (check one) is () is not (x) limited to a particular fact situation. If limited, buyout may be exercised if only the following facts (see below) occur and any described documents are provided to us. Any... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Instead of asking lawyers to advise you on important terms of a contract they have never seen, you should start by asking the landlord what happens when you want to leave early.

1 Answer | Asked in Contracts, Divorce and Probate for Alabama on
Q: Is there an attorney that can help financially? The house is supposed to be paid for and is in a nice neighborhood.
Kristine Jones
Kristine Jones answered on Mar 18, 2019

Hello, please clarify your question.

1 Answer | Asked in Constitutional Law, Family Law and Contracts for Alabama on
Q: Good morning. I was divorced in 2013 our house in was supposed to be sold and monies split. Can I take him to court?

It was to be sold within a reasonable time period. He refuses to respond to any requests. It's in our divorce decree, I am having financial problems. I never got a walk through, he still has some of my property. I only want what is written.

Shane Michael Oncale
Shane Michael Oncale answered on Mar 18, 2019

Yes. If your ex spouse has failed to follow a provision in your Divorce Decree you can file a petition seeking to have him held in contempt. If successful a finding of contempt will force him to do what he has not done and may entitle you to attorney fees as well. You should get with an attorney... Read more »

1 Answer | Asked in Contracts and Child Support for Alabama on
Q: What are the Alabama laws on support of a disabled child over age 19
Shane Michael Oncale
Shane Michael Oncale answered on Jan 21, 2019

Alabama case law provides that child support can be continued if the child is found to have a permanent or ongoing disability. Child support is generally calculated the same as it is for minor children but many parents choose to utilize a Special Needs Trust to insure that the money does not count... Read more »

1 Answer | Asked in Contracts for Alabama on
Q: I hired a dock building company to do some work.

They were paid in advance three months ago, they keep putting off the work and have offered the money back. I dont want the money I need the work done what are my options

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 14, 2018

Do you have a contract with them? What does the contract say? Who wrote the document that sets out the contract? Those are important questions for starters. The big picture view is this: if they don't want to perform, why would you want to make them? There may be a good answer here. You would have... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Alabama on
Q: Legal Options for Co-ownership of mortgaged property.

Myself, brother, and his best friend decided to buy a house together. My brothers best friend obtained a VA loan and he bought a house. We agreed to share all costs in purchasing house and share ownership. However we have closed on the house and paid the first month mortgage and he is now claiming... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Nov 5, 2018

If I understand that person who actually bought the house is the person who was eligible for a VA loan and then that person used the proceeds of that loan to buy the house. THe other two attempted to enter into some side deal that would give you ownership of the house. I assume that no one took the... Read more »

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