Alabama Civil Litigation Legal Questions

That depends on what type of claim is being asserted.  Technically  you can be sued for anything at any time, but in most cases can succeed on a motion to dismiss because the statute of limitations for most claims is less than ten years.  There are also circumstances which can extend a statute of limitations, such as the plaintiff's minority, the defendant's absence from the jurisdiction for a period of time, defendants' concealment of the facts giving rise to the claim (separate and apart from the claim itself), etc.... Read More

Do you have a contract (either personal or through a union; it could be created by an employee handbook) which limits your employer's right to terminate your employment or requires it to follow specific procedures for doing so?  If not, your employer can fire you for any reason or no reason except those that are prohibited by statute (e.g. race, religion, etc.)  Your employer is not required to give you any notice, or "put it in writing" unelss a contract or statute requires it to do so.  I am unaware of any federal statute which would require it, but it is possible that there is a local Alabama statute which would.... Read More

The answer is "no, you cannot sue the dealership".  Car dealers are not required to make sure their customers have insurance.  Your only remedy may be to sue the woman who hit you.  Just because she didn't have insurance doesn't mean she can't be made to pay you for the damage.  First, you need to check your own insurance to see whether your policy has what is called "uninsured motorist coverage", which is exactly what ot sounds like - it pays for your damage if you're hit by an uninsured motorist.  If you don't have uninsured motorist coverage you need to consult a local lawyer who can investigate and find out whether the matter is worth suing over. WARNING:  I am not your lawyer and providing you with the generic information, definition, clarification or explanation you seek about a legal matter on this anonymous forum does not make me your lawyer.  By answering your question I am only trying to provide you with general information that will deepen your understanding of the legal concept that appears to be an issue for you, that will hopefully guide you in selecting and communicating with a lawyer of your choosing.  The reason for all this is that legal problems are intensely fact-driven, and it is impossible to give anyone correct legal advice without comprehensive inquiry by the lawyer into the specific facts of the situation that concerns you, and the law of the jurisdiction in which you reside, and that is impossible to accomplish through this website.  Even though I am not your lawyer, if I should later become your lawyer no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.... Read More

If the trailer was an unconditional gift, he has no right to take it back.  However, he may claim that the facts are different.  For example, he may claim that the trailer was a gift in contemplation of marriage, which in some states (I don't know about Alabama), assuming that the Court believes him and not you, might give him the right to get the trailer back.  The bill of sale is strong evidence on you side that the gift was unconditional, and may (again, depending on the state) preclude him from testifying to anything contradiction what is written on it, but if not there is no guaranty that the Court will believe you.... Read More

I'm answering this without research but Ive been practicing law a long time and I'm almost certain you have grounds for legal action against the hospital and the doctor who disobeyed your instructions not to do an autopsy, not only without permission, but against permission.  I'm almost certain the door is open for punitive damages, but a firm answer on that will require a little legal research.  The next step up would be to consider whether you have cause of action against the hospital or the doctors for neglect of your husband during the six weeks he was in the hospital.  That's a much higher bar, but its worth doing the legal research to see.  But even without that as a possibility I think there is good potential for substantial damages just on account of the autopsy.  Almost any really good civil trial lawyer would know what to do with this, and while I am very sorry for your loss I wish you good luck with this.  Its worth pursuing.  The right lawyer will not charge you any money up front.  This type of case is normally handled on a contingency basis, in which the lawyer receives a percentage of the recovery if he or she is successful.... Read More

Yes, there are statutes of limitations (which vary by jurisdiction) on every civil claim, and virtually every crime.  I can't tell from yur question whether you are asking about the statute of limitations beyond which someone can't be prosecuted for having passed a bad check, or the statute of limitaitions beyond which you can't sue someone for having given you a bad check in payment or for you to cash.  As for the crime, it would not only depend on the jurisdiction, but also by the amount of a check, as this could be either a misdemeanor or a felony, of varying degrees, depending on how much the check was for.... Read More

The bad new is that, judging by the experience you've had with the company, you're probably going to need the help of a collection attorney.  The good news is that many collection attorneys work on contingency, and their fee is a percentage of what they collect so that the less they collect, the less their fee.   You wrote that you "hired a company", but that you "had him served."  If the "company" is a corporation, llc, or other independent legal entity, you need to sue it, not "him", and you can only collect from its assets, not "his".  As a general rule, the owners of an entity (shareholders of a corporation, members of an llc, etc.) are not personally liable for the entity's obligations.  There is nothing in your question to indicate that you would have grounds to sue, or get money from, the individual, only from the entity (again assuming that the "company" you mention is a separate entity like a corporation).  ... Read More

I'm sorry, but you had a chance to litigate this issue and you, to use your words, "kept your mouth shut."  It's too late now to litigate the child support issue.  I don't know how long has passed since you made that decision, and I don't know whether your attorney gave you bad advice (frankly, it sounds like he/she gave you good advice; in many states - I don't know about Alabama - a child born to a married woman is often conclusively presumed to be the husband's child), but if you think your lawyer gave you bad advice, you may still have time to sue him/her for malpractice.  However, while I don't know all the facts, but from what you've written, I wouldn't be confident of winning the case.... Read More

I'm very sorry about what happened to your friend, but I'm afraid that there is probably nothing the legal system can do for him now. If the offender's death has resulted in his removal from the registry, then reporting another violation will not restore him - he's still dead.  Nor can you file criminal charges against a dead person - what would be the point?.  At any rate, the criminal statute of limitations must have run by now, approximately 30 years after the incident. It is possible to sue a dead person and obtain monetary damages from his/her estate, assuming that the decedent left any assets, but here it is likely that the statute of limitations has run.  In NY (the rule may be different in Alabama or Texas, I can't tell from your question which law is applicable), the statute of limitations would not start to run until your friend became an adult, but even so, that must have happened long ago.  For example, if your friend was 8 years old in 1980, he would have become an adult, and the statute of limitations started to run, in 1990, 24 years ago.  I know of no civil limitations period which lasts even close to that long; the longest civil limitations period I know is to collect on a judgment, the limitations period for which is 20 years in NY.  If the rapist died during the limitations period, that also might extend the time to file a lawsuit, but again, not for that long.  For example, in NY I believe the defendant's death before the statute of limitations runs out would extend the time to start a lawsuit for 18 months (it might be shorter, I'm not sure.)... Read More

If I understand you correctly, your brother-in-law forged your husband's name to loan documents, and then defaulted on the loans.  It is not clear to me whether the "business" was obligated on the loans, or your husband personally, or both.  If there was no bankruptcy, whichever party lost money (whether it be the business, assuming the business is a separate legal entity like a corporation or llc, or your husband) could sue your brother-in-law, and any attorney familiar with litigation could help you.  Unfortunately, if your brother-in-law defaulted on loans, there will be many creditors after him and he may not be able to pay any judgment. The bankruptcy presents other problems as well.  Any claims against your brother-in-law by the party filing bankruptcy (whether it be your husband, the business, or both) WILL BELONG TO THE BANKRUPT ESTATE NOT TO YOUR HUSBAND OR THE BUSINESS.  It is the trustee in bankruptcy who will have to pursue these claims on behalf of the bankrupt's creditors, not your husband.... Read More

Yes you can sue her.  You gave the woman money to do something.  She has neither done it, nor returned the money. It appears that you have plenty of proof, but you should be aware that affidavits are hearsay (an out of court statement offered to prove the truth of the matter asserted), and normally are not admissible at trial.  The rules of evidence may be more relaxed in your local small claims court, however.... Read More

Yes you can sue an employer who has not paid you.  If you win, the award will normally include interest from the date the money was due.  In most jurisdictions, you cannot collect for emotional distress based upon a breach of contract, and I would be very surprised if Alabama would allow such claims.  However, many states do have statutes dealing specifically with an employer's failure to pay wages, and which may provide for additional awards to the wronged employee(such as punitive damages, attorneys' fees, etc.) beyond just the unpaid amount with interest. ... Read More

It looks as if you do have a defamation case, but you will probably have to prove that your manager knew that what she said was false in order for you to win.  The amount you would win is also a big question.  This appears to be the type of defamation which is categorized as per se, meaning that you do not have to allege actual monetary damages in order to state a claim, but the amount you would win could be minimal. ... Read More

The answers to your "could I" questions are "yes" -- you could, but there is no assurance that you will. Court awards in matrimonial cases depend on the totality of the circumstances, not isolated facts. You need to discuss your situation with an attorney and develop a plan for your objectives and how you will proceed. You will not be able to obtain comprehensive or accurate information from a computer.... Read More