Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Alabama Questions & Answers
1 Answer | Asked in Divorce for Alabama on
Q: Separated since 4/17/23. I want to purchase a home without it seen as marital property. Divorce is Nov 5. Possible?

I am representing myself. I'm looking for a caselaw that support this.

Christine Hernandez
PREMIUM
Christine Hernandez
answered on Sep 2, 2024

I would wait to purchase property until you receive the judgment of divorce. Matters of alimony and property division are interrelated, and the entire judgment must be considered in determining whether the trial court abused its discretion as to either of those issues. Willing v. Willing, 655 So.2d... View More

2 Answers | Asked in Bankruptcy for Alabama on
Q: What is a withdrawal of a notice to default
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 26, 2024

I'm currently licensed in PA, but have practiced in Georgia, OK, TX, NJ and DE, but not Alabama.

You don't say whether this Notice is in federal court, where the practice is fairly uniform in all States, or the Alabama state court. There's probably some difference....
View More

View More Answers

2 Answers | Asked in Criminal Law for Alabama on
Q: In Alabama does the county or city within that county have jurisdiction over someone accused of kidnapping.

Can the city and county try the same case?

Christine Hernandez
PREMIUM
Christine Hernandez
answered on Sep 2, 2024

In Alabama, Kidnapping is a felony offense. The State of Alabama prosecutes the case in the county for which the alleged conduct occurred. A municipal court does not have jurisdiction over felony offenses. However, you used the word kidnapping and did not provide any other facts, therefore, if the... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law for Alabama on
Q: what do we need to do in order to transport someone from a fire department to addiction treatment

We are starting a community intervention with the Fire departments and with community treatment centers in AL. Where can i locate the guidelines and criteria for this transportation service

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

An Alabama attorney could advise best, but your question remains open for a week. Actually, EMTS, AMTS, or other first responders in your area would have more insight into this than attorneys would. They could be a starting point. Public health agencies might also be a source of guidance for... View More

1 Answer | Asked in Elder Law and Health Care Law for Alabama on
Q: My sister lives in Florida and is increasingly confused and extremely forgetful

Unknown to me, she recently took out a reverse mortgage . In May at her request I sent her $500 to pay her water bill as they had been without water for 2 weeks. According to her " roommate" who helped her obtain the reverse mortgage the previous $6000 payment was used to "fix things... View More

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2024

An Alabama elder law attorney should advise here, but your question remains open for three weeks. It sounds like you've already been exploring viable options, like the power of attorney you mention. A guardianship might be something for you to consider - before she jeopardizes her financial... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: Alabama real-estate law question.

I bought a vacation property in Alabama while engaged. Only my name is on the deed. A gift of money was given to purchase by my ex fiancée. I have paid all the bills since ownership. Alabama is not our state of residence. Does my ex have claim to my property? He is suing.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

Hire an AL attorney now. You must file an Answer and defend against the suit. Let your lawyer decide how to defend you. If there was a Divorce then that Judgment might control, but arguably only has jurisdiction in the State of the Divorce, not AL land., and thus unenforceable.

1 Answer | Asked in Insurance Bad Faith for Alabama on
Q: Can insurance agent not have to notify clients when being sued?

My insurance dropped me after spending 30 years with them. The insurance agent did some questionable things before being dropped. First my son drove off with a gas nozzle still in tank the gas pump caught on fire. He ran in looking fir a fire extension not one available that worked. Then he put... View More

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

An Alabama attorney could advise best, but your question remains open for a week. Until you're able to discuss state-specific law with a local attorney, the short answer is that nationwide, carriers will almost always provide the policyholder with notice of a claim. Your question about suing -... View More

2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

In your situation, it sounds like the new fire chief is attempting to impose new rules that weren't previously in place. The requirement for you to quit the EMS volunteer squad due to a claimed conflict of interest seems unreasonable, especially since both groups were functioning well together... View More

View More Answers

2 Answers | Asked in Contracts, Antitrust, Civil Rights and Constitutional Law for Alabama on
Q: Can a Volunteer Fire department demand you quit a EMS Volunteer squad set up in the same town/building ?

New Fire cheif started undermining EMR Volunteer prior to changing Bylaws of the Firefighter Volunteer department. Now claims it's a conflict of interest for members to be apart of EMS Volunteer and Firefighting. Dispite prior to Bylaw change this was common and he was on both sides with low... View More

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2024

One option could be to discuss the new demand with members of both organizations to determine how the new policy could affect the interests of the community. In terms of assessing potential conflicts, that could sometimes be a complex analysis - an attorney might be able to offer guidance there.... View More

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Civil Rights, Criminal Law, Libel & Slander and Consumer Law for Alabama on
Q: Can I take any legal action for Wal-Mart not abiding by their refund policy and also falsely accusing me of shoplifting

I was taking items back at Walmart and their refund policy states that you will get your refund in the matter in which you paid. Well, my receipt shows where I paid $160 cash and $60 on my debit card. I went to take some items back to Walmart and they only offered me a gift card so I called... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

Based on the situation you've described, there are a few potential legal issues to consider:

1. Refund policy violation:

If Walmart has a clearly stated refund policy that they're not following, this could potentially be grounds for a complaint. However, many stores have...
View More

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
Paul  Burkett
PREMIUM
Paul Burkett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2024

You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON...
View More

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
View More

View More Answers

1 Answer | Asked in Legal Malpractice for Alabama on
Q: My lawyer I paid $4200 to represent me on a case. Went to prison and now I have zero representation? Legal malpractice?
John Michael Frick
John Michael Frick
answered on Jun 24, 2024

Legal malpractice is doing something that a reasonably prudent attorney would not do, or not doing something that a reasonably prudent attorney would do, under the same or substantially similar circumstances. When legal malpractice is claimed as a result of legal representation in trial court... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Communications Law for Alabama on
Q: I’m an 18 year old female who has been getting harassed by a 16 year old male over text since late May.

Recently, I received a video of the 16 year old male saying he wanted to harm me. What legal actions should I take on this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

This is a serious situation that requires prompt action to ensure your safety. Here are some steps you should consider taking:

1. Document everything: Save all texts, messages, and the video as evidence.

2. Stop all communication: Do not respond to any further messages from this...
View More

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
View More

1 Answer | Asked in Real Estate Law and Probate for Alabama on
Q: Is it illegal for the city to demolish a house I bought without contacting me?

The city demolished my house and did not contact me first. The house that I was in the process of refurbishing was knocked down before I was made aware. Now, I believe the city has a lien on my property for the demolition that I did not authorize. I was in the process of buying the property when... View More

John Michael Frick
John Michael Frick
answered on Jun 20, 2024

In almost all instances, the city is required to notify the "record owner" reflected in the official deed records at the address on file in the official records. If the owner moved, it is incumbent on him/her to timely change the address in the official records. If you were "in the... View More

3 Answers | Asked in Bankruptcy and Car Accidents for Alabama on
Q: I had a wredk and and no insurance my license was suspended wat do I do to get them back

I am able to reinstate my license June 2024 do I have to be paying on a the car I wrecked with...we never went to court and its down as my fault a

can i file bankruptcy on the wreck to get my license back

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

I understand you're in a difficult situation with your suspended license and the aftermath of a car accident. Let me break down the key points and offer some general guidance:

1. License reinstatement:

You mentioned you can reinstate your license in June 2024. This is likely...
View More

View More Answers

1 Answer | Asked in Bankruptcy for Alabama on
Q: I filed chapter 13 bankruptcy back in December of last year. I called my attorney a few weeks ago to ask about convertin

To a 7, he informed me the fees would

Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024

I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.