Alabama Questions & Answers by Practice Area
- Bankruptcy
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- Insurance Bad Faith
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- International Law
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- Legal Malpractice
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Alabama Questions & Answers
Q: For my job I sent someone a letter via mail. He posted it on Facebook but changed his name on it to "Corn Man."
1 Answer
| Asked
in
Internet Law, Personal Injury and Libel & Slander
for
Alabama
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
Could be copyright infringement, but since it was your letter, hard to claim defamation since the truth is an absolute defense.
Could be copyright infringement, but since it was your letter, hard to claim defamation since the truth is an absolute defense.
Q: Harassment and retaliation in the work place
Mr. Michael O. Stevens' answer
Rather than posting in an open forum like this, best to find a local employment law attorney to discuss in private. And hurry, as you have already waited 1.5 years.
Rather than posting in an open forum like this, best to find a local employment law attorney to discuss in private. And hurry, as you have already waited 1.5 years.
Q: What kind of a lawyer do I need for a breach of contract from a contractor?
Mr. Michael O. Stevens' answer
Often times your state contractor's board has dispute resolution processes, so you might try that first. Otherwise, any contract attorney would work, but best to find one who handles contractors, as there are usually special processes that have to be followed.
Often times your state contractor's board has dispute resolution processes, so you might try that first. Otherwise, any contract attorney would work, but best to find one who handles contractors, as there are usually special processes that have to be followed.
Q: I have been notified that my former employer is appealing the award of my unemployment benefits from the OESC.
1 Answer
| Asked
in
Appeals / Appellate Law, Employment Law and Public Benefits
for
Alabama
on
Answered on Mar 19, 2016
Answered on Mar 19, 2016
Marshall Jason Ray's answer
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually allowed to be third party representatives in most states' unemployment proceedings. Those representatives may be very experienced with unemployment hearings--there are companies that do nothing else...
Although Unemployment Insurance appeal hearings are typically less formal than a court setting, you could be at a considerable disadvantage if your employer has representation and you do not. The third party representing your employer is not necessarily an attorney, as non-lawyers are usually allowed to be third party representatives in most states' unemployment proceedings. Those representatives may be very experienced with unemployment hearings--there are companies that do nothing else...
Q: I was bit by a pit bull on my leg on Feb. 25 and have no information on anything besides owner has court march 1st at 8.
Mr. Michael O. Stevens' answer
Find a local attorney who handles dog bites and then let them handle everything. Insurance companies do not feel threatened by individuals suing them, as they have a roster of attorneys on call.
Find a local attorney who handles dog bites and then let them handle everything. Insurance companies do not feel threatened by individuals suing them, as they have a roster of attorneys on call.
Q: My husband is paying $450 a month for one child from a previous marriage. If I file for cs will that amount be split up.
Mr. James Parrish Coleman's answer
You should go online and use one of the child support calculators that you find there. It will ask what child support he is already paying for children under a prior order. Answer that, and all of the other questions, and you will be able to see what child support will be coming for support from your child. You will have to file a divorce action to get any of this started.
You should go online and use one of the child support calculators that you find there. It will ask what child support he is already paying for children under a prior order. Answer that, and all of the other questions, and you will be able to see what child support will be coming for support from your child. You will have to file a divorce action to get any of this started.
Q: My daughter's dad is prison in alabama can I get child support
Mr. James Parrish Coleman's answer
Yes. Being in prison does not relieve a person of paying child support. Most of the time prisoners do not have income, however if a prisoner had income from some source other than employment income the child would be able to call on that income in a child support action.
Yes. Being in prison does not relieve a person of paying child support. Most of the time prisoners do not have income, however if a prisoner had income from some source other than employment income the child would be able to call on that income in a child support action.
Q: My first cousin's mother passed away when she was 5. Her mother and father were divorced at the time of her death...
Mr. James Parrish Coleman's answer
This would be difficult because of the time that has passed, but yes, if there is property that belonged to the mother, that property devolved to the child. To force this issue would require opening an estate. It is probably not worth doing. Get in touch with an attorney in the county in which the grandmother lives and get some legal and practical advice here.
This would be difficult because of the time that has passed, but yes, if there is property that belonged to the mother, that property devolved to the child. To force this issue would require opening an estate. It is probably not worth doing. Get in touch with an attorney in the county in which the grandmother lives and get some legal and practical advice here.
Q: My son was found dead in his apartment. How can I get his property and deposit from the apartment complex he was living
Mr. James Parrish Coleman's answer
You can always open an estate under the Alabama Small Estates Act. This will give you the ability to recover his property and have access to any accounts he may have had. You can only do this if he owned no land, if you are related very closely to him and if he left less than a set amount of money behind. Talk to a lawyer who does estates in your county. He or she will know just what you are talking about.
You can always open an estate under the Alabama Small Estates Act. This will give you the ability to recover his property and have access to any accounts he may have had. You can only do this if he owned no land, if you are related very closely to him and if he left less than a set amount of money behind. Talk to a lawyer who does estates in your county. He or she will know just what you are talking about.
Q: I have a renter behind on his rent and now i find out he is in jail. How can I legally get him out of my house?
Mr. James Parrish Coleman's answer
You must evict him according to the procedures set out in the ALabama Landlord Tenant Act.
You must evict him according to the procedures set out in the ALabama Landlord Tenant Act.
Q: Can I get custody of my daughter?
Mr. James Parrish Coleman's answer
You must file a petition to change custody of this child. You must meet a pretty high standard to get this done. If there are two other children who are the children of this marriage, it will be hard to split them up, Long story short, you have to file a petition to change custody and this must be filed and fought in Alabama.
You must file a petition to change custody of this child. You must meet a pretty high standard to get this done. If there are two other children who are the children of this marriage, it will be hard to split them up, Long story short, you have to file a petition to change custody and this must be filed and fought in Alabama.
Q: Can I start eviction proceedings for a house in WV, while I'm in Al.? If so, what form do I need?
Mr. James Parrish Coleman's answer
You must carefully follow the procedures outlined in the Alabama Landlord Tenant Act. You must first serve a notice to the tenant telling them they are in breach of the lease and telling them what they have to do to cure. THen, you must wait the appropriate number of days and terminate their lease and demand possession of the property. Then, you go to court and get them evicted. If they don't get out, then you get a sheriff to eject them. You would be smart to hire an attorney in the area where...
You must carefully follow the procedures outlined in the Alabama Landlord Tenant Act. You must first serve a notice to the tenant telling them they are in breach of the lease and telling them what they have to do to cure. THen, you must wait the appropriate number of days and terminate their lease and demand possession of the property. Then, you go to court and get them evicted. If they don't get out, then you get a sheriff to eject them. You would be smart to hire an attorney in the area where...
Q: concerned father
Mr. James Parrish Coleman's answer
Of course, unless your parental rights have been terminated. (Child support can still be ordered even after rights are terminated -- rare, but not impossible). You are a necessary party to any change of custody. Why don't you have visitation established? Have you gone to the Court to demand that?
Of course, unless your parental rights have been terminated. (Child support can still be ordered even after rights are terminated -- rare, but not impossible). You are a necessary party to any change of custody. Why don't you have visitation established? Have you gone to the Court to demand that?
Q: I'm 21 years old and was arrested for theft of 3rd felony my first offense and I'm in school can I get it drop r dismis
Mr. James Parrish Coleman's answer
Depending on where you are you may be able to get a withheld adjudication also called a "withdraw and file" on something like this. You need to get yourself an attorney to go to court and make this deal for you.
Depending on where you are you may be able to get a withheld adjudication also called a "withdraw and file" on something like this. You need to get yourself an attorney to go to court and make this deal for you.
Q: Both vehicles are in my wife's name. But I made the payments. Both are paid off. Will she keep both in divorce
Mr. James Parrish Coleman's answer
First, never listen to the opposing party in a divorce concerning how the Court will split the property. The fact that the vehicles are "in her name" does not mean anything. The vehicles are divisible marital property and will be divided however the Court decides is fair. Get a divorce filed and get this under the supervision of the Court.
First, never listen to the opposing party in a divorce concerning how the Court will split the property. The fact that the vehicles are "in her name" does not mean anything. The vehicles are divisible marital property and will be divided however the Court decides is fair. Get a divorce filed and get this under the supervision of the Court.
Q: My mom bought land and it has a lot of junk on it and she had it wrote up that he had a date to get it off and now he is
Mr. James Parrish Coleman's answer
It is difficult to tell. You say she bought the property. What does her deed say. TYpically a deed will be very inclusive about what remains on the property. Take this to a lawyer and let him or her look at the deed and advise her. If she and the owner of the stuff had an agreement about when he would remove it, that may be enforceable. If he fails to remove the stuff in the time agreed upon he may have abandoned the junk that is on the property. You really need to get into the facts here and...
It is difficult to tell. You say she bought the property. What does her deed say. TYpically a deed will be very inclusive about what remains on the property. Take this to a lawyer and let him or her look at the deed and advise her. If she and the owner of the stuff had an agreement about when he would remove it, that may be enforceable. If he fails to remove the stuff in the time agreed upon he may have abandoned the junk that is on the property. You really need to get into the facts here and...
Q: I was in a car accident and it was a mans faulthe tried to sue me but his attnery dropped it when I was found innocent
Mr. James Parrish Coleman's answer
You should speak to a lawyer in your area to see if you have a claim, and to see if you have already waived your right to sue. You don't supply enough facts to allow anyone to evaluate your situation.
You should speak to a lawyer in your area to see if you have a claim, and to see if you have already waived your right to sue. You don't supply enough facts to allow anyone to evaluate your situation.
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