Alabama Legal Questions & Answers
72 plain-English answers to common Alabama law questions, grouped into 12 categories. Each answer lists the statutes it is based on and explains when to talk to a lawyer.
Consumer (14)
- How do I appeal my property tax assessment in Alabama?
Alabama property owners file a written protest with the County Board of Equalization within 30 days of the assessment notice under Ala. Code § 40-3-20. Appeal an adverse BOE…
- How does the lemon law process work in Alabama?
Alabama's Motor Vehicle Lemon Law, Ala. Code §§ 8-20A-1 to 8-20A-6, presumes a lemon after 3 repair attempts on the same defect or 30+ calendar days out of service within the…
- How much of my wages can be garnished in Alabama?
Alabama follows the federal CCPA cap. Under Ala. Code § 6-10-7, garnishment is limited to the lesser of 25% of disposable earnings OR amount above 30 times the federal minimum…
- How do I file a mechanic's lien in Alabama?
Subs/materialmen serve Notice to Owner before furnishing (to lien full price) or within deadline (for amount unpaid). File Statement of Lien in probate court within 4 months…
- What is the personal injury statute of limitations in Alabama?
Alabama provides 2 years for personal injury under Ala. Code § 6-2-38. Medical malpractice is 2 years from act, with a 4-year repose (§ 6-5-482). Claims against the state are…
- How does small claims court work in Alabama?
Alabama small claims handles disputes up to $6,000 under Ala. Code § 12-12-31. Filing fees range $44-$216. Attorneys are permitted. Appeals to the Circuit Court are de novo within…
- How do I set aside a default judgment in Alabama?
Move under Ala. R. Civ. P. 55(c) within 30 days of entry, or under Rule 60(b) within four months for mistake, inadvertence, surprise, or excusable neglect. The Kirtland v. Fort…
- Who is liable if a dog bites me in Alabama?
Alabama applies a modified one-bite rule under Ala. Code § 3-6-1. Owners are strictly liable for bites on their own property if the victim was lawfully there; for bites off the…
- What can I do if I'm a victim of identity theft in Alabama?
Alabama classifies identity theft as a Class B felony (2-20 years) under Ala. Code § 13A-8-192. Credit freezes are free under federal law. Civil suit under § 13A-8-199 authorizes…
- How does comparative fault work in Alabama?
Alabama retains pure contributory negligence — any plaintiff fault, however slight, completely bars recovery. The Alabama Supreme Court reaffirmed in Williams v. Delta Int'l Mach…
- How do I file a public records request in Alabama?
Alabama's Open Records Law (Ala. Code § 36-12-40 et seq.) entitles any citizen to inspect and copy public records of their state and county. There is no statutory deadline. Copy…
- What is the statute of limitations for contract claims in Alabama?
Alabama gives 6 years to sue on a written contract under Ala. Code § 6-2-34 and 6 years on most oral contracts under § 6-2-34(9). Sale-of-goods claims have a 4-year SOL under §…
- What money in my bank account is protected from creditors in Alabama?
Alabama protects $7,750 of personal property under Ala. Code § 6-10-6 (constitutional + statutory) usable for bank cash. Wages exempt 75% under § 6-10-7. Federal benefits get…
- How do I appeal a denied Social Security disability claim in Alabama?
Alabama's Disability Determination Service (DDS), within the Department of Rehabilitation Services (ADRS), handles initial SSDI/SSI reviews from Birmingham and Mobile. 60-day…
Employment (10)
- What is the minimum wage in Alabama?
Alabama has NO state minimum wage statute — the federal $7.25/hour applies under FLSA. Alabama preempts local minimum wage ordinances (Ala. Code § 25-7-41) — passed in 2016 to…
- How do I file a workers compensation claim in Alabama?
Alabama workers' comp is governed by Ala. Code § 25-5-1 et seq. and administered by the Workers' Compensation Division of the Alabama Department of Labor. Notify your employer…
- How do I file for unemployment benefits in Alabama?
File online at labor.alabama.gov. Alabama pays $45-$275/week for only 14 weeks max (effective 2025) — one of the shortest durations in the country. Need wages in 2+ base-period…
- What is wrongful termination in Alabama?
Alabama is one of the strictest at-will states. The Alabama Supreme Court has REPEATEDLY refused to recognize a public policy exception (Hinrichs v. Tranquilaire Hospital, 1977)…
- How do I file a workers' compensation claim in Alabama?
Notify your employer within 5 days (oral) or 90 days (written) under Ala. Code § 25-5-78, and file a civil action in Circuit Court within 2 years (§ 25-5-80). Alabama is unique…
- Can I sue for wrongful termination in Alabama?
Alabama is one of the most rigid at-will states with virtually no public-policy exception. Remedies rely on federal anti-discrimination statutes, AADEA (Ala. Code § 25-1-20), and…
- What are my rights against workplace harassment in Alabama?
Alabama has no general fair-employment statute covering private-sector workplace harassment beyond age (AADEA). Most harassment claims proceed under federal Title VII at the EEOC…
- Can my employer drug test me in Alabama?
Alabama's Drug-Free Workplace Program (Ala. Code § 25-5-330 et seq.) is voluntary, providing a 5% WC premium discount and intoxication-presumption defense. The medical cannabis…
- Are non-compete agreements enforceable in Alabama?
Alabama enforces non-competes under Ala. Code § 8-1-190 (formerly § 8-1-1) when the employee falls in protected categories (sale of business, partners, professionals/agents…
- How do I appeal an unemployment insurance denial in Alabama?
The Alabama Department of Labor administers UI under Ala. Code Title 25, Ch. 4. Appeals must be filed within 15 calendar days of the determination. Maximum weekly benefit is $275.
Family (9)
- How do I file for divorce in Alabama?
Alabama requires 6-month residency for the defendant (none if both reside in-state). Both no-fault (incompatibility, irretrievable breakdown) and fault grounds exist. File a…
- How is child custody decided in Alabama?
Alabama decides custody on the best interest of the child under Ala. Code § 30-3-1 et seq. and the Alabama Joint Custody Act (§ 30-3-150 et seq.). The court may award joint legal…
- How does alimony work in Alabama?
Alabama overhauled alimony in 2017 (Act 2017-389), codified at Ala. Code § 30-2-57. Two types: rehabilitative (presumed, max 5 years) and periodic (only if rehabilitation…
- How is child support calculated in Alabama?
Alabama uses an Income Shares model under Alabama Rule of Judicial Administration 32. Both parents' gross monthly incomes are combined and matched to the basic schedule (extends…
- How do I get a marriage license in Alabama?
Since August 29, 2019, Alabama no longer issues traditional marriage licenses — couples instead file a Marriage Certificate at any county Probate Court (Ala. Code § 30-1-9.1). Fee…
- How do I establish paternity in Alabama?
Alabama's Uniform Parentage Act is at Ala. Code § 26-17-101 et seq. Parents may sign an Affidavit of Paternity under Ala. Code § 26-17-302 that becomes a binding finding after 60…
- How does the adoption process work in Alabama?
Alabama adoptions are governed by Ala. Code § 26-10A-1 et seq. A consent or relinquishment under § 26-10A-13 may be signed any time after birth (or 5 days before for the birth…
- Are prenuptial agreements enforceable in Alabama?
Alabama has NOT adopted the UPAA. Prenups are governed by common law from Barnhill v. Barnhill (1980), 386 So. 2d 749, and Tibbs v. Anderson (1991), 580 So. 2d 1308. The proponent…
- How do I get a restraining order in Alabama?
Alabama's Protection From Abuse Act (Ala. Code § 30-5-1 et seq.) covers domestic abuse victims. Protection Order Against Stalking/Sexual Violence handled under § 30-5-2(a)(4)/(8)…
Criminal (9)
- What are DUI penalties in Alabama?
Alabama Code § 32-5A-191 sets the BAC limit at .08 (.04 commercial, .02 under 21). A first DUI is a misdemeanor with up to 1 year jail, $600-$2,100 fine, 90-day license…
- How do I get a concealed carry permit in Alabama?
Alabama became a permitless carry state on January 1, 2023 under Act 2022-133 (codified at Ala. Code § 13A-11-73). Adults 19+ may carry concealed without a permit. The optional…
- What are the search warrant requirements in Alabama?
Alabama search warrants are governed by Ala. Code § 15-5-1 et seq. and Ala. R. Crim. P. 3.8. A sworn affidavit of probable cause must be presented to a judge or magistrate. §…
- Can I legally record a phone call or conversation in Alabama?
Alabama is a one-party consent state under Ala. Code § 13A-11-30 et seq. (criminal eavesdropping/surveillance). A party to the conversation, or someone with consent of one party…
- How does bail work in Alabama?
Alabama governs bail under Ala. R. Crim. P. 7 and Ala. Code §§ 15-13-1 to 15-13-190. Aniah's Law (2022) made capital and certain violent felonies bail-deniable. Initial appearance…
- How does plea bargaining work in Alabama?
Alabama plea procedure is governed by Ala. R. Crim. P. 14. Guilty and nolo contendere (limited) pleas are recognized; Alabama is among the states that have generally not embraced…
- How do I sue police for misconduct in Alabama?
42 U.S.C. § 1983 is the federal vehicle. Alabama has not abolished QI and has no parallel civil-rights act; state agents enjoy broad sovereign immunity under Ala. Const. art. I, §…
- When can a private citizen make a citizen's arrest in Alabama?
Under Ala. Code § 15-10-7, a private person may arrest another for any public offense committed in their presence, for a felony committed though not in their presence, or for a…
- What pretrial diversion or drug court programs exist in Alabama?
Alabama offers prosecutor pretrial diversion under Ala. Code § 12-17-226, drug court under § 12-23A-1, Youthful Offender Act § 15-19-1, Veterans Treatment Court § 12-25-39, plus…
Housing (8)
- What are tenant rights in Alabama?
Alabama caps security deposits at 1 month's rent, requires return within 60 days, mandates a 7-day pay-or-quit notice and 30-day notice for month-to-month termination, and imposes…
- What is the eviction process in Alabama?
Alabama requires a 7-day notice for nonpayment under Ala. Code § 35-9A-421 and a 14-day notice to cure for lease violations. Landlord files an unlawful detainer in district court…
- What must a home seller disclose in Alabama?
Alabama is a CAVEAT EMPTOR state — one of the few remaining. There is no mandatory disclosure form for general defects. Sellers have NO general duty to disclose property…
- How do I dispute a security deposit return in Alabama?
Alabama caps deposits at 1 month's rent (excluding pet/cleaning/last-month deposits) under Ala. Code § 35-9A-201, and requires landlords to return the deposit within 60 days of…
- How do I dispute an HOA assessment or fine in Alabama?
Alabama governs condominiums under the Uniform Condominium Act of 1991 (Ala. Code §§ 35-8A-101 to 35-8A-417, UCIOA-based) for condos created on/after Jan. 1, 1991; older condos…
- What is the eviction process in Alabama?
Alabama uses Unlawful Detainer under Ala. Code §§ 35-9A-421 et seq. and §§ 6-6-310 et seq. Nonpayment requires a 7-day pay-or-quit; lease breach a 7-day cure (14-day quit). Filed…
- What can I do if my landlord won't fix uninhabitable conditions in Alabama?
Alabama Uniform Residential Landlord and Tenant Act (Ala. Code § 35-9A-204) imposes habitability duties. Tenants may terminate after 14-day notice under § 35-9A-401 or sue for…
- How do I resolve an easement or boundary dispute in Alabama?
Alabama adverse possession requires 20 years at common law, or 10 years with color of title plus tax payment (Ala. Code § 6-5-200). Statutory adverse possession (§ 6-5-200)…
Estate (8)
- How do I make a valid will in Alabama?
Alabama requires the testator to be 18+ and of sound mind (Ala. Code § 43-8-130). The will must be in writing, signed by the testator and signed by 2 witnesses who must witness…
- How do I create a power of attorney in Alabama?
Alabama adopted the Uniform Power of Attorney Act effective Jan. 1, 2012, codified at Ala. Code §§ 26-1A-101 to 26-1A-403. POA must be signed by the principal and acknowledged…
- How does probate work in Alabama?
Alabama probate typically takes 6-12 months under Ala. Code Title 43. Alabama has not adopted the UPC. Summary Distribution is available for estates not exceeding $34,611 (2024…
- Can I disinherit my spouse or child in Alabama?
Alabama grants a surviving spouse an elective share equal to the lesser of all of the estate reduced by the value of the spouse's separate estate or one-third of the estate, under…
- How do I petition for guardianship or conservatorship in Alabama?
Alabama splits the roles: 'guardian' for personal decisions and 'conservator' for property under Ala. Code § 26-2A-1 et seq. (Alabama Uniform Guardianship and Protective…
- How do I create an advance healthcare directive in Alabama?
Alabama Natural Death Act (Ala. Code § 22-8A) authorizes Advance Directive for Health Care combining living will + healthcare proxy. Two adult witnesses required; no notary. POST…
- How do I file a quitclaim deed in Alabama?
Alabama quitclaim deeds need grantor signature and notarial acknowledgment OR one subscribing witness (Ala. Code §§ 35-4-20, 35-4-23); modern practice uses a notary. Record with…
- What is the homestead exemption in Alabama and how do I claim it?
Alabama's creditor homestead is $16,450 per debtor / $32,900 joint (Ala. Code § 6-10-2, doubled in 2015). Property-tax Homestead Exemption (§ 40-9-19) gives $4,000 state plus…
Traffic (6)
- How do I fight a parking ticket in Alabama?
Alabama parking tickets are governed by Ala. Code § 32-5A-137 and city ordinances. Birmingham, Montgomery, and Mobile use Municipal Court with court dates 14-30 days out. Defenses…
- How long do I have to register a vehicle in Alabama?
Alabama gives new residents 30 days to register under Ala. Code § 32-6-61. Purchased vehicles must be titled within 30 days. Documents include title (required only for 1975+…
- How do I get my driver's license reinstated in Alabama?
Alabama charges $100–$275 reinstatement fees (Ala. Code § 32-6-19). After DUI, SR-22 is required for 3 years and an Ignition Interlock is mandatory for 6 months (1st offense BAC ≥…
- How do I fight a speeding ticket in Alabama?
Alabama drivers can pay, plead in municipal/district court, or contest at trial under Ala. Code § 32-5A-170. Most speeding is a misdemeanor with potential jail exposure. DPS…
- What are the open container laws in Alabama?
Alabama Code § 32-5A-330 prohibits the driver and passengers from possessing an open container of alcoholic beverage in the passenger area of a motor vehicle on a public highway…
- What happens if I get a DUI in Alabama?
Ala. Code § 32-5A-191 sets per se DUI at 0.08% BAC (0.04% commercial, 0.02% under-21). First DUI: up to 1 year jail, $600-$2,100 fine, 90-day license suspension, mandatory DUI…
Civil Procedure (4)
- What is the small claims limit in Alabama?
Alabama small claims court hears cases up to $6,000 under Ala. Code § 12-12-31. Filing fees are $50-$210. Lawyers may appear. Cases are filed in District Court small claims…
- What is the statute of limitations in Alabama?
Alabama civil limitations: personal injury 2 years (Ala. Code § 6-2-38(l)), written contract 6 years (§ 6-2-34), oral contract 6 years (§ 6-2-34), property damage 6 years (§…
- Can I get out of jury duty in Alabama?
Alabama requires US citizens, 19+, county residents under Ala. Code § 12-16-60. Hardship excusals available. Pay is $10/day under Ala. Code § 12-16-8, with **employers required to…
- How do I legally change my name in Alabama?
File a Declaration of Name Change with the probate court of your county (Ala. Code § 26-11-3 for adults using common law; § 12-13-1 for probate orders), pay approximately $40–$100…
Business (1)
Personal Injury (1)
Bankruptcy (1)
Civil Rights (1)
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.