Wednesday, August 20

Frequently Asked Questions and Tips

General

Where do you get help if you feel that you have been denied access to services because of a disability (ADA problem)?: First try calling the Alabama Department of Rehabilitative Services' ADA Hotline, 1-800-205-9986, to see if they may help you. Otherwise, you may consult a private attorney. If you do not have an attorney or need help finding one, you may try the Alabama Bar Association Lawyer Referral Service (www.alabar.org) at 1-800-392-5660 or (334) 269-1515; P. O. Box 671, Montgomery, AL 36101, or e-mail to: e-mail@www.alabar.org.

How do you apply to a city, county or state agency in Alabama to view or make a copy of a public writing or record?: You may wish to inquire with the desired agency to determine if they have a form on which they want you to make the request. If the agency does not have a form, you may make your request in writing, in person or over the telephone or computer if they have e-mail.

Are police reports and arrest records public information?: Police reports and arrest records except for confidential information or information that is part of an on-going investigation would be public record. For example, a victim's name and address or the name of a minor who has been arrested would be blocked out and could not be viewed on the police report or arrest record.

What is the age of adulthood or majority in Alabama? Or in other words, how old does a person have to be to get credit or sign a contract without a co-signer?: 19 years of age for unmarried persons. (Code of Alabama §26-1-1) or 18 years of age for married persons and widows or widowers (Code of Alabama §30-4-15 & 16).

In Alabama, can you tape a telephone conversation?: Yes. If you have consent of at least one of the parties that is being taped. (Code of Alabama §13A-11-30)

Who do you contact to report a county employee who is using county equipment to work on private property?: Examiners of Public Accounts, Legal Division. Phone number 334-242-2997.

Where may a municipal police department enforce the maximum state speed laws as set by 32-5A-171?: Within the corporate limits of the municipality and not within the police jurisdiction of the municipality.

Does Alabama have a hate crime bill?: Yes. (Code of Alabama §13A-5-13)

Can a non-profit organization conduct a raffle to raise funds in Alabama?: No. (Code of Alabama §13A-12-20, Article IV § 65, Const. of Ala 1901)

Consumer

Do I have a grace period to cancel contracts or other purchase agreements?: Generally, you do not have a right to cancel contracts or purchase agreements. Federal law does provide for grace periods in certain limited circumstances. For instance, under federal law, you may have a three-day recission period on home equity loans. To learn more about this right, go to http://www.ftc.gov/bcp/conline/pubs/alerts/3dayalrt.htm. Federal law also provides for a three-day cooling off period for sales of $25 or more made at your home or at a place that is not the business's permanent place of business. To learn more about this right, go to http://www.ftc.gov/bcp/conline/pubs/buying/cooling.pdf.

I bought a car "as is" and it has been giving me problems ever since I drove it off the lot. Can I get my money back?: No. When a vehicle is purchased "as is," it means the seller is not liable for anything that is wrong with it. Alabama's lemon law does not apply to used cars.

If I pay for a pre-need burial arrangement, does state law require that the seller hold the money in a trust fund for me until the time comes to provide the burial?: Generally, yes. For pre-need contracts written on or after May 1, 2002, unless the pre-need contract is funded by a life insurance policy, the funds must be placed in trust. The pre-need laws are enforced by the Alabama Department of Insurance. A copy of the law is available at http://www.legislature.state.al.us/CodeOfAlabama/1975/154055.htm. You may also contact the Alabama Department of Insurance at 334-269-3550.

Who regulates companies that provide cable television service?: The State of Alabama does not regulate cable television providers. You may want to contact your local municipality and/or county to find out if they have any regulatory requirements for cable television providers.

Do stores have to give refunds if I change my mind about something I bought?: No. Your ability to return the product is dependent on the store's return/refund policy.

If I rent an apartment, are there state laws that say what my landlord must do?: The Alabama Uniform Residential Landlord and Tenant Act became effective January 1, 2007 (except for Section 35-9A-163(b), which will become effective January 1, 2008). You can access a copy of this law at the Secretary of State's site.

I am considering hiring a contractor to make repairs on my home. What should I know?: There are many things you need to consider when hiring a contractor. To learn more about hiring a contractor, please read this brochure: http://www.familyprotection.alabama.gov/consumer_homerepair.cfm.

I have received notification that I have won the international lottery or sweepstakes. Should I send them money for taxes for fees? Should I cash the check or money order they have sent me to cover these costs?: No. International lotteries and sweepstakes are scams. In fact, it is illegal for you to participate in a foreign lottery. The checks or money orders you receive in the mail are most likely fraudulent, and you will have to pay the bank back for the money you sent to the scam artists. For more information on these scams, go to this website: http://www.ftc.gov/bcp/conline/pubs/alerts/intlalrt.pdf.

I have been contacted and told that I am eligible for a free government grant. Should I give the company my personal information and/or pay them a fee to apply for the grant?: No. Never give your personal information to someone who contacts you out of the blue offering you a free government grant. If you give this person your personal information, the person may use it to steal your identity. Do not pay a person any fee for a grant. Grants are free--they do not require you to pay a fee to receive them.

I have been told that I can qualify for a loan, but I need to pay an advance fee to get the loan. Should I pay this fee?: No. If you are asked to mail, wire, or otherwise send in any prepaid fee, you will likely never receive a loan. For more information on these types of scams, go to http://www.ftc.gov/bcp/conline/pubs/tmarkg/loans.pdf.

I have been contacted and asked to help someone cash checks or process inheritance money. In return for cashing the check or money order and wiring the money back to the person, I will be able to keep a percentage of the money. Should I participate in this money-making opportunity?: No. These deals are inevitably scams. By the time your bank returns the check or money order as fraudulent, you will already have wired the money to the scam artist. You will have to repay the bank for this money, and the money you wired will likely be picked up in another country and will never be recovered.

A company has approached me and told me that it can erase my debts. Should I use this service?: No. These companies will tell you that they can simply erase your debt by sending the right type of letter, and they wil charge you a high fee to do it. These strategies do not work, an dyou may end up in a worse position than when you started. If you are having trouble paying your debts, you may want to use a credit counseling service. You should be careful when choosing such a service. For tips on choosing credit counselors, go to http://www.ftc.gov/bcp/conline/pubs/credit/debt.pdf.

I want to file a complaint about an insurance company. Who should I contact?: The Alabama Department of Insurance takes complaints about insurance companies. Call 334-269-3550 or go to http://www.aldoi.gov/Consumers/FileComplaint.aspx.

I want to file a complaint about a real estate agent. Who should I contact?: You should contact the Alabama Real Estate Commission at 334-242-5544 or visit their website at http://www.arec.state.al.us.

AG Opinions

What is an Attorney General's opinion?: Section 36-15-1 of the Code of Alabama imposes certain enumerated duties on the Attorney General. These include giving his opinion, in writing, on questions of law connected with the interests of the state and state departments and to certain enumerated local, county, and municipal officials and bodies.

Who is entitled to request an Attorney General's opinion?: Any officer, governing body, department or agency of the State, a county, or municipality.

How should opinion requests be submitted?: Opinion requests should be submitted in writing. If the opinion request is submitted by a board or governing body, a resolution from the board or governing body should also be included.

When will opinions not be issued?: The Attorney General does not address issues concerning matters currently in litigation. The Attorney General does not address moot, private, or personal questions in which the state, county, or public is not materially or primarily interested. The Attorney General does not address the constitutionality of statutes.

Do Attorney General's opinions carry the weight of law?: Opinions of the Attorney General are advisory in nature and not binding. They are, however, entitled to great weight and may constitute persuasive authority. The written opinion of the Attorney General secured by any officer, board, local governing body, or agency protects the officer and members of the board or agency from liability to either the state, county, or other municipal subdivisions of the state because of any official act or acts performed as directed or advised in such opinion.

How can I receive a copy of an Attorney General's opinion?: Opinions are available online, or copies of opinions are distributed at no charge upon request to the office.

Marriage/Divorce

How old do you have to be to get married in Alabama without parental consent?: 18 years of age. (Code of Alabama §30-1-5)

Is Alabama a common law state or a community property state?: Alabama is a common law state.

Is common law marriage recognized in Alabama?: Yes.

What is sufficient to constitute common law marriage in Alabama?: "A valid common law marriage exists in AL when there is capacity to enter into a marriage, present agreement or consent to be husband and wife, public recognition of the existence of the marriage, and consummation." Waller v. Waller, 567 So.2d 869 (Ala.Civ.App. 1990). See also, Hudson v. Hudson, 404 So.2d 82 (Ala.Civ.App. 1981).

How long does one have to be a resident of Alabama before filing for divorce in Alabama?: 6 months. (Code of Alabama §30-2-5)

Bingo is legal in Alabama in a number of counties that have adopted a constitutional amendment authorizing bingo for charitable purposes to be conducted by the charity itself and, in general, this is overseen by the Sheriff of each County or the Chief of Police of a city such as Jasper that has an independent constitutional amendment authorizing Bingo.

County/City / Amendment Number

Jefferson / 386
Madison / 387
Montgomery / 413
Mobile / 440
Etowah / 506
Calhoun / 508
St.Clair / 542
Walker / 549
City of Jasper / 550
Covington / 565
Houston / 569
Morgan / 599
Russell / 612

Jury Duty

When a person is on jury duty and misses work, is she or he entitled to be paid his/her usual compensation by his/her employer?: Yes. (Code of Alabama §12-16-8). See also AG Opinions 86-00276 and 80-00269.

Can employers subtract the $10.00 per day expense allowance and mileage from their usual compensation?: No. AG Opinions 92-00182 and 90-00190 have held that the expense allowance and mileage are not compensation and, as such, are not deductible from a juror's usual compensation.

Guns

Where do you apply for a pistol permit in Alabama?: A person applies for a pistol permit to the Sheriff of his or her county of residence in Alabama. (Code of Alabama §13A-11-75)

Is a pistol permit issued in another state valid in Alabama?: No. Currently, there is no Alabama statute authorizing reciprocity of pistol permits with other states. NOTE: Passage of Senate Bill 122, which was signed by the Governor on May 15, 2001, allows for reciprocal agreements with other states. The bill went into effect on August 1, 2001. More information will be available on the website in the near future. Please refer to the enacted bill at the Secretary of State's website at http://arc-sos.state.al.us/PAC/SOSACPDF.001/A0001303.PDF. (Opens in blank window)

Victim

Where are sex offenders required to register in Alabama?: At the Sheriff's Office in the county in which they will reside and with the Chief of Police of any municipality in which the criminal sex offender intends to reside. (Code of Alabama §15-20-21). For more information about the Sex Offender Notification Law, see our section on Victim Assistance or the state's On-line Sex Offender Registry

Elections

If we vote absentee, do we still have to get our ballots notarized or signed by two witnesses?: Yes.

What are pollwatchers?: Each political party or organization can appoint someone to monitor the voting process, who may be at the polling place during all voting hours and remain afterward to watch the counting of ballots.

Can a pollwatcher campaign at the polls?: No. They cannot suggest how people should vote or campaign in anyway. They cannot wear any button, ribbon or other article bearing the candidates name.

As a voter, can I wear a candidates button?: Yes. A citizen who is at the polls to vote or assist someone in voting can wear a button, ribbon, or other such article.

Who is allowed inside the polling place?: In addition to poll watchers, only voters, people who are assisting voters, election officials, sheriffs and deputies are allowed inside the polling place.

How close can campaigners come to the polling place?: They must stand outside, at least 30 feet away from the door of the polling place.

Who is allowed to help voters?: Anyone can help a voter who wants assistance, except that voters employer or an agent of the employer, or an officer or agent of the voters union. The voter does not have to give any reason for requesting assistance, nor to take any oath. The voter names the person to assist, and both must sign the poll list.

Can someone videotape at the polls?: No. General news coverage of candidates and public officials voting and of crowds at the polling place is allowed, but the U.S. Department of Justice has expressed a concern that other videotaping may intimidate voters and it is not allowed.

Who is responsible for overseeing elections?: The sheriff, probate judge, and circuit court clerk are the officials responsible for conducting and supervising the elections process in each county.

Where can I find more answers about voting and elections in Alabama?: FOR MORE INFORMATION, CALL THE ATTORNEY GENERALS ELECTION DAY TOLL-FREE HOTLINE AT 1-800-831-8814, OR THE SECRETARY OF STATES OFFICE AT 1-800-274-VOTE (8683).