Alabama Litigation Legal Questions

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34 legal questions have been posted about litigation by real users in Alabama. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include complex litigation, complex and multi-district litigation, and civil litigation. All topics and other states can be accessed in the dropdowns below.
Alabama Litigation Questions & Legal Answers
Do you have any Alabama Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 34 previously answered Alabama Litigation questions.

Recent Legal Answers

I live in Alabama. Can I file a civil lawsuit in Illinois?

Answered 4 years and 7 months ago by attorney Bruce Robins   |   1 Answer
Theoretically yes, but it depends on the parties and the action.  You can pretty much sue an Illinois resident in Illinois on any claim (although I would think you'd rather sue in Alabama if you could), but it is more complicated to sue a non-illinois resident in Illinois.
Theoretically yes, but it depends on the parties and the action.  You can pretty much sue an Illinois resident in Illinois on any claim... Read More

Could you file a claim against a government worker who gave your personal information to their friend?

Answered 10 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   4 Answers
Yes, but you might also want to include their employing agency [normally there is a time limit in which a claim against a public entity must be made]. But what damage occurred to you aside from invasion of your privacy. You do not give us any facts to determine if much of a suit exists.
Yes, but you might also want to include their employing agency [normally there is a time limit in which a claim against a public entity must be... Read More

What are the parents rights versus the schools rights?

Answered 10 years and 6 months ago by Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)   |   7 Answers
I share your concern about the implications of this peculiar enactment, although, in my opinion, the problem is not about *your* rights: it is about your child's rights. Apparently, the school board did not have the benefit of an advice of a competent jurist and did not realize that their decision runs afoul of the XIII Amendment to the U.S. Constitution which forbids involuntary servitude, except as a court-imposed punishment for a crime. The school board is not likely to just say "Oh, sorry!" and cancel the offending decision: that would require presence of a working collective intelligence - a very rare bird, indeed! Like many of our public institutions, school boards are favored by pompous demagogues seeking both, venue and validation, of their ego trips. They will dismiss your concerns. If you persist, they will fight - and do everything they can to make you regret irking them. So, may I offer a couple of bits of advice? Decide now whether you want this fight. Backing down later, when the going will get tough, will cost you a lot of self-respect (and more of respect of your children) Find an attorney willing to step in if it becomes necessary. Local chapter of ACLU might be a good place to start your search. If they are not overwhelmed at the moment, they might even adopt your cause. Otherwise, ask them for a referral. Never threaten - just do. If you are ready to go to media, call the congressman's office, or file a law suit, don't tell the opposition, let them find out when you have done it. First of all, giving your opponents an advance notice of your actions reduces the effectiveness of your actions. Second, as arguments in a dispute, these threats *never* work. You see, your opponent might back down under such a threat only if he/she recognizes that he/she is wrong and needs to avoid judgment (of the public opinion, or of the major league public establishment, or of the court of law). This is why such threats are always perceived as insults: they imply that the threatened person does not honestly believe that her/his position is the right one and *knowingly* persists in upholding what is wrong. Third, what you plan might not work: media outlet might take the board's side, the congressman might refuse to interfere (or promise to help and never do it), the court might decline the case, etc. So, never threaten - just do. And, if you started a fight, don't pull punches.... Read More
I share your concern about the implications of this peculiar enactment, although, in my opinion, the problem is not about *your* rights: it is about... Read More

Could I demand that my child be enrolled in another class?

Answered 10 years and 6 months ago by Georges Herman Shers (Unclaimed Profile)   |   5 Answers
You can always ask but you should have several reasons for the request. Since it is a private school and your child is only three years old so it is not likely you can claim the teacher is not competent academically to teach, I do not see how you would have any right to insist on any change. Even if it were a public school, you probably would have no right to insist on a change.... Read More
You can always ask but you should have several reasons for the request. Since it is a private school and your child is only three years old so it is... Read More

What happens if I recieve a subpeona but will leave the state before the court date? How?

Answered 10 years and 6 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   3 Answers
Contact the lawyer who initiated the subpoena and tell them about your conflict. They will usually accommodate you.
Contact the lawyer who initiated the subpoena and tell them about your conflict. They will usually accommodate you.

Was it legal for the bank to file a judgment after a time limit? How?

Answered 10 years and 7 months ago by Edwin K. Niles (Unclaimed Profile)   |   10 Answers
That would be a yes.
That would be a yes.

Was it legal for the bank to file a judgment after a time limit? How?

Answered 10 years and 7 months ago by Craig B. Friedberg (Unclaimed Profile)   |   10 Answers
That would be a yes.
That would be a yes.

Do I have a case to get damages for a faulty business deal? How?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers
You might very well have a case. Consult a plaintiff's lawyer in your locality. Good luck.
You might very well have a case. Consult a plaintiff's lawyer in your locality. Good luck.

Can a store ask a customer to leave because they handed out religious information?

Answered 10 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   10 Answers
That would be a yes.
That would be a yes.

Should the city utilities board be liable for the damage to my property? How?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers
Did the city have a duty to keep its pumping and sewage. System in working order to protect people like you? I would guess it does. BUT suing a government, or just making a claim against one, is highly regulated, and the claim must be fed and served Lahore soon after the. Negligence is discovered. Consult a personal injury lawyer VERY soon. will not be valid. If you'd like to unsubscribe and stop receiving these emails click here.... Read More
Did the city have a duty to keep its pumping and sewage. System in working order to protect people like you? I would guess it does. BUT suing a... Read More

Is the company guilty of abuse of consumer rights and credit collection?

Answered 10 years and 7 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   5 Answers
Well, you could wait for them to sue you and then counter-sue, but is it worth it?
Well, you could wait for them to sue you and then counter-sue, but is it worth it?

Could I sue my financial advisor because of a drastic loss in my account?

Answered 10 years and 7 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   11 Answers
I have heard of such causes of action. You need to find a lawyer who specifically does this kind of work. Try searching with keywords "professional malpractice" "Financial" and "investment". Good luck.
I have heard of such causes of action. You need to find a lawyer who specifically does this kind of work. Try searching with keywords "professional... Read More

What can we do to replace our sidewalk? How?

Answered 10 years and 8 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers
You may have to go before the zoning board.
You may have to go before the zoning board.

What could I do if the city will not allow us to open our business?

Answered 10 years and 8 months ago by Ronald A. Steinberg (Unclaimed Profile)   |   5 Answers
Get a lawyer. I do not think that they can do that. Ex Post Facto laws, and things of that nature.
Get a lawyer. I do not think that they can do that. Ex Post Facto laws, and things of that nature.

What can I do if I paid a mechanic and he didn't complete or do the job?

Answered 10 years and 8 months ago by Thomas Edward Gates (Unclaimed Profile)   |   7 Answers
You need to take him to small claims.
You need to take him to small claims.

How could I enforce a lien on my own?

Answered 10 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   8 Answers
First things first: retain an experienced collections lawyer. It's almost always worth the investment. The process of foreclosing a lien on real estate by a creditor who does not hold a mortgage is fairly complicated. An experienced lawyer can save you lots of bother.
First things first: retain an experienced collections lawyer. It's almost always worth the investment. The process of foreclosing a lien on real... Read More

Will home owners insurance cover a fight that takes place right outside the house? How?

Answered 10 years and 9 months ago by Mr. William Enoch Andrews (Unclaimed Profile)   |   19 Answers
Given the facts you set forth in your question, it appears you have an injury case. For your own benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.... Read More
Given the facts you set forth in your question, it appears you have an injury case. For your own benefit, immediately contact an injury lawyer to... Read More
It may be easier, cleaner and cheaper to start a new one under the same or a similar name if nothing really happened with the old one. People often do not want to be involved in something that has a fishy start.
It may be easier, cleaner and cheaper to start a new one under the same or a similar name if nothing really happened with the old one. People often... Read More

Can I take legal action against a Town for negligence?

Answered 12 years and a month ago by Ronald A. Steinberg (Unclaimed Profile)   |   7 Answers
You may have a suit for a nuisance trespass.
You may have a suit for a nuisance trespass.

Was my brother neglected when he was told he is totally unfounded got sent home from work then was diagnosed with stage 4 cancer?

Answered 12 years and a month ago by Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)   |   7 Answers
If your brother had medical examinations every year, and they failed to detect cancer until now, the doctors who conducted examinations should be sued for malpractice. Because of many factors, the lawsuit should be brought as soon as possible. Even if providing for the family he will leave behind is not a concern, consider the fact that the extent of care he would be able to receive can be very different because of this lawsuit. In any event, do not go beyond 89 days (starting the Saturday when his cancer was discovered) without consulting an attorney: if a municipal hospital is involved, a notice of claim must be filed within 90 days from the date when the claim arose.... Read More
If your brother had medical examinations every year, and they failed to detect cancer until now, the doctors who conducted examinations should be... Read More

Can I take my husband off the vehicle insurance if we're separated?

Answered 12 years and a month ago by Mr. Brad Alan Howell (Unclaimed Profile)   |   1 Answer
Even if you are not divorced or legally separated, you can obtain a separate auto insurance policy. There is no requirement that you must be on an insurance policy with your spouse.
Even if you are not divorced or legally separated, you can obtain a separate auto insurance policy. There is no requirement that you must be on an... Read More

Is there any way to go above my mom and make the decisions on my fatherโ€™s behalf?

Answered 12 years and a month ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   3 Answers
I suspect you could take the matter before a judge. Suggest you see the best educated medical/lawyer you can find
I suspect you could take the matter before a judge. Suggest you see the best educated medical/lawyer you can find

Is this a case of defamation?

Answered 12 years and a month ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   8 Answers
In NC truth is an absolute defense to defamation. See a good litigation lawyer and be more careful about the friends you choose.
In NC truth is an absolute defense to defamation. See a good litigation lawyer and be more careful about the friends you choose.

Can I sue my insurance company for negligence on top of my homeowners claim?

Answered 12 years and 2 months ago by Mr. Paul L. Whitfield (Unclaimed Profile)   |   8 Answers
Not clear as to what kind of claim you have. You asked your carrier to pay for some damages covered by some type of insurance. the contractor did not finish. Don't think the contractor would have been paid unless you signed off on it (should not have been anyway)you can sue the contractor, but most people who do this kind of work are weak financially and they often don't have insurance or a bond to guarantee such things. You seem to be irritated more than damaged. What does the contractor say about it all?... Read More
Not clear as to what kind of claim you have. You asked your carrier to pay for some damages covered by some type of insurance. the contractor did not... Read More