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Representing Self in Court

Posted by 15789465 on

Many of you could capably handle your own evictions, uncontested quiet title lawsuits, and similar things. But, because your property is in the name of an LLC or corporation, you must hire a lawyer to represent you in court.  Alabama HB4 would change that, if it is passed. Under the proposed law, single-member corporations, business entities with only one owner, and LLCs with five or fewer members, could represent themselves. Currently, because these legal entities are technically "persons" separate from their owners, if the owner appeared in court, it would be the unauthorized practice of law on behalf of a 3rd party. This bill, sponsored by Representative Mack Butler (R) of St. Clair and Etowah Counties, is currently in the Judiciary Committee. If you support this bill, please contact each member of the Judiciary Committee. Tell them you are a small business owner, or a landlord or property manager, and often cannot afford a lawyer to protect your rights. As a result, you have no real remedies.  Ask them to recommend HB4 for passage by the full House.  Members of the House Judiciary Committee, and their email addresses, appear below.  Unless you have popup blockers, you should be able to click on each email address in order to create the email message. Mike Jones, Jr, Chairman (R, Escambia, Coffee, Covington) Jim Hill, Vice Chair (R, St. Clair) Thad McClammy, Ranking member (D, Montgomery) Mike Ball (R, Madison) Marcel Black (D, Lawrence, Lauderdale and Colbert) Paul Beckman (R, Elmore and Autauga) Merika Coleman-Evans (D, Jefferson) Dickie Drake (R, Jefferson and Shelby) Chris England (D, Tuscaloosa) David Faulker (R, Jefferson) Matt Fridy (R, Shelby) Juandalynn Givan (D, Jefferson) Phillip Pettus (R, Lauderdale) Connie Rowe (R, Walker and Blount)

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  • Hi Onesimus, It is a statute of limitations issue. If you cause an accident and nobody sues you within, for example, two years, then the statute of limitations might expire and they are no longer allowed to sue you. Or, in criminal law, you might commit a crime and, if five years passes on some crimes, the government is not allowed to prosecute you because the statute of limitations expired. Even if you confessed, they could not bring criminal charges against you. In the same way, there are statutes of limitations on how long you can sue someone for a debt for bring a judicial foreclosure lawsuit. I thought the statute of limitations in Alabama for mortgage foreclosures was ten years after default, but I can’t seem to find anything on that subject. Does anyone else know? I know that as between innocent parties without notice, a mortgage is presumed paid 20 years after default, but that doesn’t really apply here.

    Denise L. Evans on
  • Hi Denise,

    It seems to me that banks are in a lot more trouble than they admit – more than we even realize. I found this article recently about the banks being unable to even foreclose based on the fact that they have taken so long to initiate and complete the foreclosure process. I thought I would run this through you since you are an expert in simple English!! Best wishes and look forward to hearing your take on this.
    Onesimus Otieno on

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